Policy 5.18

Student Conduct and Behavior

1. The schools are established for the benefit of all students. The educational purposes of the schools are accomplished best in a climate of student behavior that is socially acceptable and conducive to the learning and teaching process. Student behavior that disrupts this process or that infringes upon the rights of other individuals will not be tolerated.

2. The school board supports the administrative staff and teachers in taking all necessary and reasonable steps to enforce and implement all board policies and administrative directives to maintain appropriate student behavior. Important among these policies and directives are those in the areas of conduct, suspensions and expulsions, and enhancing the climate for learning.

3. Policies inclusive of 5.18 through 5.1899 serve as the basis for the code governing student conduct and discipline and are applicable to all students except as required by law as to those students as stated within Section 4 below, under the jurisdiction of the School District of Palm Beach County. These policies shall constitute the Code of Elementary Student Conduct and Code of Secondary Student Conduct, which are incorporated as board policy pursuant to § 230.23(6)(d), Fla. Stat. Copies of these documents are on file in the board minutes office, the public affairs department, and shall be available in each school and area superintendent's office.

4. The School Board of Palm Beach County recognizes that the code of student conduct must be construed to be consistent with the Individuals with Disability Education Act ("IDEA") and Section 504 of the Rehabilitation Act ("Section 504"). Therefore, students eligible for services under IDEA or Section 504, will be disciplined in accordance with these Acts and are governed by those School Board policies which specify that they apply to students covered under IDEA and 504.

5. The school board establishes guidelines for the conduct and discipline of students. The superintendent shall recommend, based on these policies, a Code of Student Conduct ("CSC") for elementary students and a Code of Student Conduct for secondary students for adoption annually by the school board. In accordance with § 230.23(6)(d), F.S., the codes shall be distributed to all elementary or secondary teachers, school personnel, students, and parents or guardians and discussed at the beginning of every school year. 

6. The school board adopts these policies for the control, discipline, suspension, and expulsion of students, in accordance with § 230.23(6)(c) and (d), F.S.

1. Establishing policies and specific grounds for disciplinary action, including in-school suspension, expulsion, and any disciplinary action that may be imposed for the 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, as defined in Chapter 893, F.S.

2. Establishing procedures to be followed for acts requiring discipline and establishing procedures for the assignment of violent or disruptive students to an alternative educational program.

3. Defining and explaining the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.

7. In accordance with § 230.235, F.S., the board adopts a policy of zero tolerance for crime, substance abuse and the possession of a firearm.

8. These policies recognize that pursuant to 18 U.S.C. § 922(q)(1)(I)(2)(A) (The Gun-Free School Zones Act), "It shall be unlawful for any individual knowingly to possess a firearm . . . at a place that the individual knows, or has reasonable cause to believe, is a school zone"¹ and 18 U.S.C. § 922(q)(3)(A) ". . . [I]t shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm . . . at a place that the person knows is a school zone."

9. These policies recognize that pursuant to § 893.13(1)(c), F.S. (The Drug Free School Zone), it shall be unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver a controlled substance in, on, or within one thousand (1,000) feet of the real property comprising a child care facility as defined in § 402.302, F.S., or public or private elementary, middle, or secondary school, between the hours of 6 a.m. and 12 a.m.

10. In addition, pursuant to §§ 230.23(6)(d)(4-8) & (10) & (11), F.S., notice is provided that:

1. ". . . [Possession [P]ossession of a firearm, a knife, or a weapon, by any student while the student is on school property or in attendance at a school function is grounds for disciplinary action and may also result in criminal prosecution."

2. "[A]ny student who is determined to have brought a firearm...to school, to any school function, or on to any school-sponsored transportation will be expelled, with or without continuing educational services, from the student's regular school for a period of not less than one (1) full year and referred for criminal prosecution."

3. ". . . [I]Ilegal use, possession, or sale of controlled substances, as defined in Chapter 893, or possession of electronic telephone pagers, by any student while such student is upon school property or in attendance at a school function is grounds for disciplinary action by the school and may also result in criminal penalties being imposed."

4. ". . . [V]iolence against any school district personnel by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed."

5. ". . . [V]iolation of district school board transportation policies, including disruptive behavior on a school bus or at a school bus stop, by a student is grounds for suspension of the student's privilege of riding on a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed."

6. ". . . [V]iolation of the district school board's sexual harassment policy by a student is grounds for in-school suspension, out- of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed."

7. ". . . [A]ny student who is determined to have made a threat or false report, as defined by §§ 790.162 and 790.163, [F.S.], respectively, involving school or school personnel's property, school transportation, or a school-sponsored activity will be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year and referred for criminal prosecution."

11. To the extent that any definition, recommended disciplinary action or any provision in the policies serving as the basis for code governing student conduct are contrary to state law or state board of education rule, the law or state board rule shall control.

12. Grievance Against Schools

1. Students, parents, or guardians are required to follow the district's established procedure for addressing grievances against the school.

2. The superintendent shall establish procedures by which students and parents may present grievances to appropriate school authorities. Grievances associated with student boycotts, walkouts and sit-ins must be presented by the parents themselves rather than by students.

 ¹The term "school zone" means in or on the grounds of a public, parochial or private school; or within a distance of one thousand (1,000) feet from the grounds of a public, parochial or private school.

Pages 5.18(a) - 5.18(d)