When a student is formally charged with a felony by a proper
prosecuting attorney for an incident which allegedly occurred on property other
than public school property, but which incident is shown to have an adverse
impact on the educational program, discipline, or welfare in the school in
which the student is enrolled, the principal shall, in accordance with Section
1006.09(2),
F.S., conduct an administrative hearing for the purpose of determining whether
or not the student should be suspended pending court determination of his or
her guilt or innocence, or the dismissal of the charge, is made by a court of
competent jurisdiction. The following procedures shall be followed by the
principal in instituting and conducting the administrative hearing; provided,
however, that a school board may, upon written approval of the Commissioner,
utilize its own hearing policy in lieu of this rule.
(1) Upon receiving proper notice that a
student has been formally charged with a felony, the principal shall
immediately notify the parent or guardian of the student, in writing, of the
specific charges against the student and of the right to a hearing prior to
disciplinary action being instituted under the provisions of Section
1006.09(2),
F.S.
(2) Such notice shall
stipulate a date for hearing which shall be not less than two (2) school days
nor more than five (5) school days from postmarked date, or delivery, of the
notice and shall also advise the parent of the conditions under which a waiver
of suspension may be granted, as prescribed in subsections (2) and (3) of
Section 1006.09, F.S. Pending such
hearing, the student may be temporarily suspended by the principal.
(3) The hearing shall be conducted by the
principal, or designee, and may be attended by the student, the parent or
guardian, the student's representative or counsel, and any witnesses requested
by the student, the parent or guardian, or the principal.
(4) The student may speak in his or her own
defense, may present any evidence indicating his or her eligibility for waiver
of disciplinary action, and may be questioned on his or her testimony. However,
the student shall not be threatened with punishment or later punished for
refusal to testify.
(5) In
conducting the hearing, the principal or designee shall not be bound by rules
of evidence or any other courtroom procedure, and no transcript of testimony
shall be required.
(6) Following
the hearing, the principal, within five (5) school days, shall provide the
student and parent or guardian with a decision, in writing, as to whether or
not suspension will be made. In arriving at this decision, the principal shall
consider the conditions prescribed by subsections (2) and (3) of Section
1006.09, F.S., under which a
waiver of suspension may be granted, and may grant such a waiver when he or she
determines such action to be in the best interests of the school and the
student. Provided, however, that any suspension pending adjudication of guilt
shall be made only upon a finding, based upon conclusive evidence, that a
felony charge has been formally filed against the student by a proper
prosecuting attorney. The principal shall have authority to modify the decision
to either grant or deny a waiver, at any time prior to adjudication of the
student's guilt by a court, provided that any such modification adverse to the
student shall be made only following a hearing conducted in accordance with
this rule.
