Florida School Suspension Laws: What Parents and Students Need to Know
Florida School Suspension Laws: What Parents and Students Need to Know
School suspensions in Florida are governed by specific laws and regulations that aim to ensure disciplinary actions are fair and that students' rights are protected. Understanding these laws is crucial for parents and students to navigate the suspension process effectively. Here’s an overview of the key aspects of Florida school suspension laws.
Types of Suspensions in Florida
In-School Suspension (ISS) In-school suspension involves removing a student from their regular classroom environment but allowing them to remain on school grounds. During ISS, students are typically placed in a designated area where they can complete their assignments under supervision.
Out-of-School Suspension (OSS) Out-of-school suspension involves temporarily removing a student from the school premises for a specified period, usually up to 10 days. During this time, the student is not allowed to attend classes or participate in school activities.
Grounds for Suspension
Under Florida law, students may be suspended for various reasons, including but not limited to:
Violence or Threats: Engaging in physical fights, threats, or any form of violence against peers or staff.
Substance Abuse: Possessing, using, or distributing drugs or alcohol on school property.
Disruptive Behavior: Repeatedly disrupting the learning environment or defying authority.
Property Damage: Vandalizing or damaging school property.
Due Process Rights
Florida law mandates that schools must follow due process procedures before suspending a student. These rights ensure that students are treated fairly and that their side of the story is heard. Key due process rights include:
Notice of Suspension The school must provide written notice to the student and their parents or guardians explaining the reasons for the suspension and the evidence supporting it. This notice should be given before the suspension begins unless the student's presence poses an immediate threat.
Opportunity to Respond Students must be given the opportunity to present their side of the story before the suspension is enforced. This includes explaining their actions and providing any evidence or witnesses that may support their case.
Hearing For suspensions longer than 10 days or for expulsions, students have the right to a formal hearing. During this hearing, the student can present evidence, call witnesses, and be represented by an attorney if desired.
Educational Services During Suspension
In Florida, schools are required to provide educational services to students during out-of-school suspensions. This ensures that students can continue their education and keep up with their coursework while serving their suspension. These services may include:
Assignment Packets: Providing assignments and materials for students to complete at home.
Tutoring Services: Arranging for tutoring or other academic support.
Alternative Programs: Enrolling students in alternative education programs or online learning platforms.
Special Considerations for Students with Disabilities
Students with disabilities are afforded additional protections under federal and state laws. Before suspending a student with a disability, schools must conduct a manifestation determination review (MDR) to determine if the behavior in question is related to the student's disability. If the behavior is found to be a manifestation of the disability, the school must provide appropriate interventions and supports rather than suspending the student.
Florida Statutes on School Discipline
S. 1003.01(5) and (6), F.S.: Defines suspension and expulsion.
S. 1003.31(3), F.S.: Allows districts to expel a student found guilty of a felony.
S. 1006.07(2), F.S.: Requires a Student Code of Conduct.
S. 1006.09(1)(a), F.S.: Requires principals to support teachers and bus drivers to remove disruptive students and place them in alternative educational settings.
S. 1006.13(3), F.S.: Requires expulsion for a student who brings a firearm to school or makes certain threats/false reports.
Rule 6A-6.03312, F.A.C.: Outlines discipline procedures for students with disabilities .
How an Education Lawyer Can Help
Navigating the complexities of school suspension laws can be challenging. An education lawyer can provide valuable assistance by:
Ensuring Due Process: Making sure that the school follows all required procedures and that the student's rights are protected.
Advocating for Fair Treatment: Representing the student in disciplinary hearings and negotiations with the school.
Addressing Special Education Needs: Ensuring that students with disabilities receive the appropriate supports and accommodations.
Challenging Unfair Suspensions: Filing appeals or complaints if the suspension is unjust or not in compliance with the law.
EducationLawyers.com
Understanding Florida's school suspension laws is essential for protecting the rights and educational opportunities of students. By being aware of the grounds for suspension, due process rights, and available educational services, parents and students can better navigate the suspension process. If you have concerns about a suspension or need legal assistance, consulting with an experienced education attorney can provide the support and guidance you need.
At EducationLawyers.com, we are dedicated to advocating for the rights of students and their families. If you have questions or need assistance with school suspension matters, please contact us for highly reviewed legal support.
Resources: