The purpose of this rule is to clarify the requirements for disciplinary procedures and disposition for the Florida School for the Deaf and the Blind.

 

DEPARTMENT OF EDUCATION

Florida School for the Deaf and the Blind

RULE NO.:RULE TITLE:

6D-7.0073Disciplinary Procedures and Disposition

PURPOSE AND EFFECT: The purpose of this rule is to clarify the requirements for disciplinary procedures and disposition for the Florida School for the Deaf and the Blind.

SUMMARY: Amends the requirements for disciplinary procedures and disposition for the Florida School for the Deaf and the Blind.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the Agency conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1002.36(4)(c), FS.

LAW IMPLEMENTED: 1002.36(4)(e), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Day, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6D-7.0073 Disciplinary Procedures and Disposition.

(1) Disposition procedure. The procedures listed below are to be followed for acts by students which require discipline.

(1)(a) General discipline procedures require include that the Principal or designee shall:

(a)1. Provide the student oral or written notice of the violation of which the student is accused;

(b)2. Provide the student an opportunity to respond to the accusation; and,

(c)3. If the student denies the accusation, provide the student an explanation of the evidence against him/her and provide an opportunity for the student to present his/her version of the incident.

(d)4. Not be required to permit attendance of counsel nor give the student the right to cross-examination, for acts potentially requiring suspension or reprimand.

(e)5. A The Principal or designee may request a review of the student’s Individual Educational Plan (IEP) and Section 504 plan, if any, as incorporated at Rule 6A-6.0331, F.A.C., effective as of December 23, 2014, incorporated by reference, available on the internet at https://www.flrules.org/Gateway/View_notice.asp?id=15358609, and Rule 6A-6.03312, F.A.C., effective as of April 21, 2011, incorporated by reference, available on the internet at https://www.flrules.org/gateway/RuleNo.asp?ID=6A-6.03312, to determine if the behavior bears any relationship to the student’s exceptionality.

(2)(b) Suspension.

(a)1. Prior to suspending a student, the School shall will follow the general procedures set out in paragraph (1)(a) above.

(b)2. The Principal or designee will make the decision whether or not a suspension will be imposed.

(c)3. If a suspension is imposed, the President, parents, guardians and the adult student will be forwarded written notice of the suspension within twenty-four hours of the action. The written notice of suspension shall state:

1.a. The violation;

2.b. The date of the violation;

3.c. The beginning date of the suspension;

4.d. The date on which the suspension will end; and,

5.e. Any circumstances pertinent to the suspension.

(d)4. The student may request the President or designee to review the suspension decision of the Principal or designee. The President can affirm or reverse the suspension provision or direct that further proceedings be held in accordance with these rules. The decision of the President is final. The student must request review within three days of the suspension decision.

(2) Disposition of violations.

(a) The following disciplinary actions are examples of appropriate responses for Class A violations:

1. Suspension.

2. Temporary withdrawal from extra-curricular activities.

3. Detention.

4. Dormitory restriction.

5. Work detail.

6. Change of classroom, dormitory, or dormitory room assignment.

7. Referral for counseling.

8. Oral or written reprimand.

9. Assignment in alternative behavior center.

(b) The following disciplinary actions are examples of appropriate responses for Class B violations:

1. Suspension.

2. Temporary withdrawal from extra-curricular activities.

3. Detention.

4. Dormitory restriction.

5. Work detail.

6. Change of classroom, dormitory, or dormitory room assignment.

7. Referral for counseling.

8. Oral or written reprimand.

9. Assignment in alternative behavior center.

(c) The following disciplinary actions are examples of appropriate responses for Class C violations:

1. Oral or written reprimand.

2. Detention.

3. Dormitory restriction.

4. Work detail.

5. Withdrawal from extra-curricular activities.

6. Change of classroom, dormitory, or dormitory room assignment.

7. Referral for counseling.

Rulemaking Authority 120.53(1)(b), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 5-5-87, Amended 10-26-94, ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cindy Day, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Trustees of Florida School for the Deaf and the Blind.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 26, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 5, 2017