CHAPTER 5.00 - STUDENTS

5.12 Expulsion Of Students 

The school principal may recommend, to the Superintendent, the expulsion of any student from the school who has committed a serious breach of conduct.

The principal shall recommend to the Superintendent the expulsion of any student who has violated School Board rules which require mandatory expulsion from the school.

Proper procedures shall be followed in all student expulsion proceedings as required by Florida Statutes, State Board rules, and School Board rules.

PROCEDURES – Based on, but not limited to the conditions set forth in the “Code(s) of Student Conduct,” a student may be suspended from school for a period not to exceed ten (10) days with a recommendation that he be expelled from school. Whenever possible or if conditions permit, the principal shall hear the student’s defense or explanation of his conduct and shall explain to the student his reasons for the suspension with a recommendation of expulsion. In any case, the principal shall secure written and signed statements from any witness immediately after an incidence which because of its serious nature may alone result in expulsion. A taping device may be used to record any proceedings with parents or students that could lead to a recommendation of expulsion.

(1) Where a student suspended with a recommendation for expulsion, the following procedures shall be observed:

(a) The suspension letter shall state the reasons for the suspension and recommended expulsion of the student.

(b) The letter of notice shall be delivered to the parent(s), or guardian by the principal or a member of the staff or sent by certified mail with a return receipt. A copy of the suspension notice shall be sent to the Superintendent.

(c) Upon receipt of the notice of suspension and recommendation for expulsion, the superintendent, if he concurs in the recommendation for dismissal, shall notify the parent(s), or guardian by certified mail with a return receipt requested, stating that the Board will meet at a specified time and place to hear the charges and to act on the expulsion recommendation. The parent(s), or guardian shall be fully advised that they will be given an opportunity to appear before the Board during the hearing. The principal shall also be informed as to the time and place of the hearing.

(d) Any student being considered for expulsion shall be accorded due process of law prior to expulsion in the manner provided by 120.57(2), F.S.

(2) Where the principal suspends a pupil and recommends his expulsion, the superintendent may extend the suspension assigned by the principal beyond ten (10) days if such suspension period expires before the next regular or special meeting of the School Board.

(a) Where such extension of suspension is made by the Superintendent, he shall notify the parent(s), or guardian in writing prior to the expiration of the suspension assigned by the Principal

(b) A copy of the notice of the additional suspension shall be sent to the principal.

Statutory Authority: 1001.41; 1001.42, F.S.

Laws Implemented: 120.57(1);1001.54; 1012.28; 1006.09, F.S.

State Board Of Education Rule: 6A-6.0331

History:

Adopted: April 1, 1989

Revision Date(s): August, 1989; July 1, 1996; January 14, 1999; February 9, 2010

Formerly: