Key Concept #1
Based on Florida Statute, Chapter 1006.07 related to district school board duties regarding student discipline, there are several infractions that if committed by students can lead to an in-school suspension, out-of-school suspension, and even expulsion. The list includes:
Possession or use of alcohol on school property or while attending a school function or for the illegal use, sale, or possession of controlled substances
Violence against any district school board personnel by a student
Violation of the district school board’s sexual harassment policy by a student
Disruptive behavior on a school bus or at a school bus stop, by a student
An in-school suspension for up to 3 days can be assigned for a third offense violation of school dress code. The most serious offense, which most often results in an expulsion from school is any student who is determined to have brought a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation, or to have possessed a firearm at school.
The statute also states that for most offenses that lead to disciplinary measures, such as suspension or expulsion it is the likelihood that possible criminal penalties could be imposed. Each district adapts a Code of Conduct based on this statute, and determines disciplinary measures on a case-by-case situation.
Based on the scenario provided, there is a certain section of the law that would apply. This can be found in section/number 2g. This explains the simulation of a firearm or weapon and states that simulation is not grounds for disciplinary action or referral to the criminal justice or juvenile justice system.
When referring to statute 1003.57, specifically as it pertains to an exceptional student, school personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a student who has a disability and violates a district school board’s…