If a student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place either in a classroom or elsewhere on school premises, then the Superintendent or principal may remove the student from curricular activities or from the school premises. A teacher may call for the removal of a student from the teacher's class but not from the premises. If a teacher makes an emergency removal, the teacher will notify a building administrator of the circumstances surrounding the removal in writing, as soon as practicable. No prior notice or hearing is required for any removal under this policy. Staff will refer to the collective bargaining agreement as appropriate. The following due process requirements do not apply in all cases of normal disciplinary procedures where a student is removed from a curricular activity for less than one school day and is not subject to further suspension or expulsion.
If the emergency removal exceeds one school day, then a due process hearing will be held within three school days after the removal is ordered. Written notice of the hearing and the reason for the removal and any intended disciplinary action will be given to the student as soon as practical prior to the hearing. If the student is subject to out-of-school suspension, the student will have the opportunity to appear at an informal hearing before the principal, assistant principal, Superintendent, or designee and has the right to challenge the reasons for the intended suspension or otherwise explain actions leading to the removal. Within one school day of the decision to suspend, written notification will be given to the parent/legal guardian or custodian of the student. This notice will include the reasons for the suspension, the right of the student or parent/legal guardian to appeal to the Board or its designee and the student's right to be represented in all appeal proceedings. If it is probable that the student may be subject to expulsion, the hearing will take place within three school days and will be held in accordance with the procedures outlined in the Policy 5611 - Due Process Rights.
If the Superintendent or principal reinstates a student prior to the hearing for emergency removal, the teacher may request and will be given written reasons for the reinstatement. The teacher cannot refuse to reinstate the student.
In an emergency removal, a student can be kept from class until the matter of the misconduct is disposed of either by reinstatement, suspension, or expulsion.
F.S. 1003.32, 1006.07, 1006.09