Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-1 - FINANCE AND ADMINISTRATION › Section 6A-1.0956 - Suspension on the Basis of Felony Charges

Current through Reg. 50, No. 138; July 16, 2024
When a student is formally charged with a felony by a proper
				  prosecuting attorney for an incident which allegedly occurred on property other
				  than public school property, but which incident is shown to have an adverse
				  impact on the educational program, discipline, or welfare in the school in
				  which the student is enrolled, the principal shall, in accordance with Section
				  1006.09(2),
				  F.S., conduct an administrative hearing for the purpose of determining whether
				  or not the student should be suspended pending court determination of his or
				  her guilt or innocence, or the dismissal of the charge, is made by a court of
				  competent jurisdiction. The following procedures shall be followed by the
				  principal in instituting and conducting the administrative hearing; provided,
				  however, that a school board may, upon written approval of the Commissioner,
				  utilize its own hearing policy in lieu of this rule.
(1) Upon receiving proper notice that a
				student has been formally charged with a felony, the principal shall
				immediately notify the parent or guardian of the student, in writing, of the
				specific charges against the student and of the right to a hearing prior to
				disciplinary action being instituted under the provisions of Section
				1006.09(2),
				F.S.
(2) Such notice shall
				stipulate a date for hearing which shall be not less than two (2) school days
				nor more than five (5) school days from postmarked date, or delivery, of the
				notice and shall also advise the parent of the conditions under which a waiver
				of suspension may be granted, as prescribed in subsections (2) and (3) of
				Section 1006.09, F.S. Pending such
				hearing, the student may be temporarily suspended by the principal.
(3) The hearing shall be conducted by the
				principal, or designee, and may be attended by the student, the parent or
				guardian, the student's representative or counsel, and any witnesses requested
				by the student, the parent or guardian, or the principal.
(4) The student may speak in his or her own
				defense, may present any evidence indicating his or her eligibility for waiver
				of disciplinary action, and may be questioned on his or her testimony. However,
				the student shall not be threatened with punishment or later punished for
				refusal to testify.
(5) In
				conducting the hearing, the principal or designee shall not be bound by rules
				of evidence or any other courtroom procedure, and no transcript of testimony
				shall be required.
(6) Following
				the hearing, the principal, within five (5) school days, shall provide the
				student and parent or guardian with a decision, in writing, as to whether or
				not suspension will be made. In arriving at this decision, the principal shall
				consider the conditions prescribed by subsections (2) and (3) of Section
				1006.09, F.S., under which a
				waiver of suspension may be granted, and may grant such a waiver when he or she
				determines such action to be in the best interests of the school and the
				student. Provided, however, that any suspension pending adjudication of guilt
				shall be made only upon a finding, based upon conclusive evidence, that a
				felony charge has been formally filed against the student by a proper
				prosecuting attorney. The principal shall have authority to modify the decision
				to either grant or deny a waiver, at any time prior to adjudication of the
				student's guilt by a court, provided that any such modification adverse to the
				student shall be made only following a hearing conducted in accordance with
				this rule.
Rulemaking Authority
					 1001.02,
					 1006.09(2) FS.
					 Law Implemented 1006.09(2)
					 FS.
New 2-18-74, Repromulgated 12-5-74, Amended 9-6-78,
					 Formerly 6A-1.956, Amended 8-30-88,
					 5-3-10.