In school discipline proceedings, the educators and administrators that you trust with your child can suddenly become adversaries. An attorney can help you to navigate the process, to understand all of your child’s rights, and to evaluate the situation objectively.
School Discipline Proceedings
In Florida, public school students have a series of protections to which they are entitled when facing disciplinary actions in their schools. (Private schools are governed, generally by internal policies.). The procedures which must be followed by a school come from local School Board rules, Florida statutes, and, in some cases, federal law.
The information that follows relates to students in K-12. For information on disciplinary proceedings at the university/college level, click here.
Offense Type/ Level
Each school district has a student code of conduct which will define behavior which merits disciplinary action. Offenses are generally “ranked” in order of seriousness - the level of an offense determines, in part, what consequences are available.
The disciplinary process generally starts with a referral by some school employee who believes a student has committed an offense. For more minor offenses (ie. cheating, classroom disruption, dress code, etc.), available disciplinary responses may include consequences such as parental contact, detention, or behavior contracts.
More serious offenses, such as bullying, harassment, or use of tobacco products on campus, may warrant more serious consequences such as school suspension. A student who repeatedly commits minor offenses may ultimately face more serious consequences as well.
The most serious violations of the school conduct code may result in expulsion. In Orange County Public Schools, for example, Level IV offenses are most serious and will result in a mandatory 10-day suspension, with consideration of expulsion.
Student Rights
Students accused of any disciplinary offense have several rights, although often parents and students are not aware, or informed, of these rights. For example, school officials will often attempt to question a student about an incident before even notifying parents of the issue. It can be helpful to involve a lawyer as soon as possible, to ensure parents and students are aware of their options before deciding how they will participate in the process.
After a discipline investigation is complete, parents/guardians have a right to review evidence upon which the school will rely in its process.
Depending upon the level of the offense and the school district involved, parents/guardians may be entitled to various meetings, hearings or appeals.
504 Accommodations
A student with a Section 504 Individual Accommodation Plan has additional protections provided within a school disciplinary proceeding. Any student with a 504 plan who is suspended for ten (10) days or more must have a manifestation hearing.
A Section 504 Team, comprised of school personnel who can make placement decisions for the student, pursuant to Section 504. This team may include the parent/guardian, student, principal/administrator, school 504 representative, counselor, teachers, psychologist, area administrators, or other persons with specialist knowledge of the student.
At the manifestation meeting, the Section 504 Team must determine whether the alleged offense is related to the student’s disability (this is referred to as the “manifestation determination”). If the behavior is not determined to be a manifestation of the disability, the discipline process will proceed as it would for any other student. If the behavior is determined to be a manifestation of the disability, federal law prohibits the school district from ceasing educational services, and the Section 504 Team must review the student’s 504 Plan to make modifications to reduce inappropriate behaviors when possible.
IEP Students
A student with an IEP has additional protections provided within a school disciplinary proceeding. As soon as it is determined that an IEP student is accused of a Level IV violation, the school must hold a manifestation determination meeting with the IEP Team.
If an IEP student will be removed for ten (10) or more days, the IEP team must meet and review the student’s Functional Behavioral Assessment (FBA) and Behavioral Intervention Plan (BIP), and the student must receive appropriate services in accordance with the student’s IEP during this time.
In the manifestation hearing, the IEP Team will determine whether or not the offense is related to the student’s disability. The manifestation determination must be made within 10 days of any decision to change the placement of a student with a disability. If the IEP Team determines that the child’s conduct was the direct result of the school district’s failure to implement the IEP, immediate steps must be taken to remedy those deficiencies. The IEP team will determine appropriate alternatives for allowing the student to continue to receive FAPE and services during their disciplinary removal.
It is possible that a disabled student will be immediately removed from their current educational placement to an Interim Alternative Educational Setting (IAES), even when this behavior is considered a manifestation of their disability. This type of modification cannot exceed forty-five (45) school days, and must be related to a violation related to certain drugs, weapons, or infliction of serious bodily injury upon another.
Although lawyers are not required and not provided automatically to students facing disciplinary proceedings, involving an attorney early on in the process can be a game-changer. Attorney Lori Wurtzel has career experience as a litigator and as a public school employee. As a result, Lori knows the rules, procedures, and understands how to best protect your rights. Too often, students wait until the last minute to involve an attorney, when much of the damage has already been done, as they attempted to navigate the process on their own. Contact Wurtzel Law, PLLC for a free consultation to discuss your rights and what we can do to help, today.