Fla. Admin. Code Ann. R. 6D-7.0073 - Disciplinary Procedures and Disposition

(1) Disposition procedure. The procedures listed below are to be followed for acts by students which require discipline.

(a) General discipline procedures require that the Principal or designee:

1. Provide the student oral or written notice of the violation of which the student is accused;

2. Provide the student an opportunity to respond to the accusation; and,

3. If the student denies the accusation, provide the student an explanation of the evidence against him/her and provide an opportunity for the student to present his/her version of the incident.

4. Not be required to permit attendance of counsel nor give the student the right to cross-examination, for acts requiring suspension or reprimand.

5. Review the student's Individual Educational Plan and Section 504 plan, if any, as set forth in Rule 6A-6.0331, F.A.C., effective as of December 23, 2014, incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09837, and rule 6A-6.03312, F.A.C., effective as of April 21, 2011, incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09836, to determine if the behavior bears any relationship to the student's exceptionality.

(b) Suspension.

1. Prior to suspending a student, the School shall follow the general procedures set out in paragraph (1)(a), above.

2. The Principal or designee will make the decision whether or not a suspension will be imposed.

3. If a suspension is imposed, the President, parents, guardians and the adult student will be forwarded written notice of the suspension within twenty-four hours of the action. The written notice of suspension shall state:

a. The violation;

b. The date of the violation;

c. The beginning date of the suspension;

d. The date on which the suspension will end; and,

e. Any circumstances pertinent to the suspension.

4. The student may request the President or designee to review the suspension decision of the Principal or designee. The President can affirm or reverse the suspension provision or direct that further proceedings be held in accordance with these rules. The decision of the President is final. The student must request review within three days of the suspension decision.

(2) Disposition of violations. Guidelines for the maintenance of appropriate student behavior are set forth in the Code of Student Conduct, which is stated in rule 6D-7.007, F.A.C. and this rule.

Notes

Fla. Admin. Code Ann. R. 6D-7.0073

Rulemaking Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(e) FS.

New 5-5-87, Amended 10-26-94, Amended by Florida Register Volume 44, Number 163, August 21, 2018 effective 9/2/2018.

New 5-5-87, Amended 10-26-94, 9-2-18.