Charlotte County Public Schools

Dear Students and Parents, 

The Code of Student Conduct you are about to read is a very important document. It provides you with an understanding of the rights and responsibilities of all students, the rules relating to daily behavior, and the consequences for violation of those rules. It explains our expectations for student behavior and summarizes school district policies and Florida statutes that relate to student conduct. It is my firm belief that every student is responsible for his/her own behavior and the choices he/she makes. 

Please know that the Code of Student Conduct applies uniformly to all students enrolled in our school stem during the time school is in session, on School Board owned property at any time, at our bus stops, and during extra-curricular activities regardless of location. Charlotte Technical College and  The Academy may adopt policies and procedures, consistent with this document, which reflect the specific needs of its adult and alternative education populations. This code also applies to students who commit felonies off School Board owned property as per Florida statutes. 

Having a clear understanding of these important policies and procedures will help students have an outstanding educational experience and will give parents information to reinforce good behavior.  

Please read this document carefully and if you have any questions, contact the school or the Assistant  Superintendent of School Support at our district office. Our staff is always available to help you with any question or concern. 

Have a great year in the Charlotte County Public School system. 

Sincerely, 

Mark Vianello 

Superintendent of Schools

The Code of Student Conduct has been developed to help your child gain the greatest possible benefit from his/her school experiences. This Code of Student Conduct defines the responsibilities and the rights of students attending Charlotte County Public Schools, as well as clearly identifies the consequences for student actions which violate this code. 

The school is in need of your help and cooperation. Students, parents, and schools working together can maintain a safe and purposeful atmosphere in the schools where students can learn to their full potential. 

Since parents/guardians share responsibility for the actions of their children, they should also become familiar with the rules and expectations described in this handbook. Please read and discuss this important document with your child, then sign this form and return it to your child's school, where it will be kept on file. 

I also agree to the rules and terms of the Student Technology Acceptable Use and Safety policy as outlined in the agreement in this Code of Student Conduct. 

• Student Name (Print) 
• Parent/Guardian Signature Date 
• Parent/Guardian Signature Date 
• Student Signature Date 

 Note: Failure to return this acknowledgment form will not release a student or the parents/guardians of the student from responsibility for knowledge of the contents of the Code of Student Conduct and will not excuse noncompliance with the Code of Student Conduct by the student. 

THIS FORM WILL BE FOUND AT THE END OF THIS DOCUMENT 

FOR SIGNATURE AND RETURN TO THE SCHOOL.

All students should have an educational setting that is safe, secure, and free from dating violence or abuse of any kind. Dating violence by any student is prohibited on school property, during any school-related or school sponsored program or activity or during school-sponsored transportation. 

Definition: Teen dating violence is a pattern of emotional, verbal, sexual, or physical abuse used by one person in a current or past dating relationship to exert power and control over another when one or both of the partners is a teenager. Abuse may include insults, coercion, social sabotage, sexual harassment, stalking,  threats, and acts of physical or sexual abuse. The abusive partner uses this pattern of violent and coercive behavior to gain power and maintain control over the dating partner. This may also include abuse, harassment,  and stalking via electronic devices such as cell phones and computers, and harassment through a third party,  and may be physical, mental, or both. 

Any student who is the victim of dating violence or who witnesses it should report it immediately to the school’s administration. Reprisals or retaliation for reporting dating violence will not be tolerated and will be regarded as threats or intimidation as defined in this document. 

This form must be presented to each student in grades K-12. Forms for students in grades K-2 need a parent signature only. In grades 3-12, both the student and the parent must sign the form. The signed form will be kept on file in the office of the school's dean or appropriate administrator.

The School Board of Charlotte County strongly believes that academic honesty must be practiced by all its students. Therefore, instances of cheating in any form will be considered a critical breach of character and integrity as well as a serious violation of the Code of Student Conduct.

Cheating is defined in the Charlotte County Public Schools in the following way:
"The inappropriate and deliberate distribution or use of information, notes, materials, or work of another person, used as your own, in the completion of an academic exam, test or assignment."
Cheating violations may result in the loss of eligibility for local scholarships, loss of honors, awards, and membership in extra-curricular activities. In addition, a student whose actions enable others to cheat (e.g., stealing or selling a test) will be considered to have committed a particularly serious violation of the Code of

Student Conduct which will result in the strongest of consequences related to the nature of the incident including, but not limited to loss of assignment credit, referral to law enforcement.

THIS FORM WILL BE FOUND AT THE END OF THIS DOCUMENT FOR SIGNATURE AND RETURN TO THE SCHOOL.

Access to student records shall be governed by State and Federal laws and procedures. Records may be in a variety of formats including print, computer media, audio tape and video tape.
Per state statute, public schools are required to disclose certain behavioral and/or mental health information when students transfer to another school (F.S. 1003.25).

The records shall include:
a. Verified reports of serious or recurrent behavior patterns, including threat assessment evaluations and
intervention services.
b. Psychological evaluations, including therapeutic treatment plans and therapy or progress notes created
or maintained by school district or charter school staff, as appropriate.  

Student records shall be available only to students and their parents, adult students, designated school officials and personnel, other persons as the parent or adult student authorizes in writing, a court of competent jurisdiction or to other individuals or organizations as permitted by law. The term “parents” includes legal guardians or other persons standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).

With regard to records, if a student is eighteen (18) years of age or older, permission, consent, and rights given to the parents shall be given to the adult student only, unless the adult student is a dependent adult student as defined in federal law. The School District may, in this instance, disclose personally identifiable information from the education records to parents or guardians without the prior consent of the dependent adult student.
School Board Policy 8330

Directory information is information about a student that the School Board, under Family Educational Rights and Privacy Act (FERPA), is allowed to release. The District shall make available, upon request, certain information known as “directory information” without prior permission of the parents or the adult student.

Directory information includes a student’s name, address, telephone number, (if it is a listed number), date and place of birth, participation in officially recognized activities and sports, height and weight, if a member of an athletic team, dates of attendance, and date of graduation or program completion. Directory information will be provided to the military unless the parent/guardian decides to withhold this information.
If parents or adult students do not wish to have information released, they must indicate this to the school by providing a written statement or by signing the appropriate area on the “Parent/Guardian Consent Form” which is given to each student at the beginning of each year or at the time of registration. The written statement or the “Parent/ Guardian Consent Form” must be returned within two (2) weeks of the first day of the school year or entry into the school system.

Directory Information shall not be provided to any organization for profit-making purposes.

Florida Statutes 1002.22, 10041.41, 1001.52, 1003.25
F.A.C. 6A-1.0955, 6A-1.9555
20 U.S.C. Section 1232 f through 123i (FERPA)
20 U.S.C. 7908
26 U.S.C. 152
20 U.S.C. 1400 et seq., Individuals with Disabilities Act
Privacy Rights of Parents and Students – P.L. 90-247
Title 26 U.S.C. Section 125 of the Internal Revenue Code of 1954
School Board Policy 8330

By law, the Pledge of Allegiance shall be recited in all schools every day. Upon written request by a student’s parent/guardian/caregiver, the student may be excused from reciting the Pledge and may remain quietly seated during the recitation period.

State law also requires each public school to set aside one to two minutes each day, during first period, for students to have a moment of silence. Students cannot interfere with other students in their use of this moment of silence, and it is up to the student to determine how to use this time. Teachers may not suggest to students how to use the moment of silence.

Florida Statute 1003.44; 1003.45

Students whose native language is other than English maintain the right of appropriate use of their native language without being subjected to disciplinary action.
At parent request, communications, both written and verbal from the school or District Office, will be translated into the native language when appropriate and feasible.

Florida Statutes 1001.41; 1001.42
School Board Policy 2260, 5730

School Resource Officers (SROs) are employees of the Charlotte County Sheriff’s Office and the Punta Gorda Police Department who are housed at all Charlotte County Public Schools. As sworn law enforcement officers, the SROs work with the school administration and staff to maintain a safe and lawful environment for all students and staff. Since SROs are governed by state statute, they cannot, by law, ignore any criminal acts that may come to their attention and as such are required to respond appropriately within the law. School Administration will report any potential violation of the law to local law enforcement.

Florida Statute 1006.12

Students, parents, CCPS employees, and members of the community have a responsibility to report suspicious activities, weapons, and potential threats to schools. Any suspicious activity, weapon, or threat shall be promptly reported to one of the following individuals, agencies or reporting tools:
• School Resource Officer or local law enforcement agencies.
• School Administrator or any available staff member.
• The FortifyFL Reporting APP or to the Crimestoppers Tipline (1-800-780-TIPS).
• Contacting the Supervisor of District Security and Emergency Management at (941) 255-0808
• Calling 9-1-1.

Note: Reports may be done anonymously. Anyone who knowingly submits a false tip through FortifyFL may be subject to further
investigation by law enforcement, and may be subject to criminal penalties under Section 837.05, F.S.

School Board Policy 8406

The School Board promotes a safe and supportive learning environment in all schools by protecting students and staff from conduct that poses a threat to school safety. Additionally, Zero Tolerance for school-related violent crime is part of a comprehensive approach to systematically reducing school related-violent crime and ensuring a high standard of student conduct. Zero Tolerance shall be applied equally to all students regardless of their race, color, religion, sex (including sexual orientation, transgender status, or gender identity), national origin, age, marital status or handicap.

Students who are determined by the principal to have committed a zero tolerance, violent crime on school property, on school-sponsored transportation, or during school-sponsored activities, shall be recommended to the Superintendent for expulsion. The Superintendent will consider each recommendation for expulsion on a case-by-case basis and may assign a student to a disciplinary program or alternative setting if it is determined to be in the best interest of the student and the school system. At any point in the disciplinary process, the student may be referred for mental health services by the School Based Threat Assessment Team, the School Principal, or the Superintendent.

The following list of offenses shall be considered zero tolerance, violent crimes:

1. Aggravated assault (threat with a weapon);
2. Aggravated battery;
3. Armed robbery;
4. Arson;
5. Simple Battery or aggravated battery on a teacher or other school personnel;
6. Bona fide threat (see definition);
7. False Report (see definition);
8. Homicide (murder, manslaughter);
9. Kidnapping or abduction;
10. Possession, use, or sale of any explosive device;
11. Possession, use, or sale of any weapon or firearm;
12. Sale, distribution, possession, receipt, or delivery of illegal drugs;
13. Sexual assault;
14. Sexual battery, and
15. Victimization (see definition)

In accordance with Florida Statute 1006.13, this zero tolerance policy shall require students found to have committed one of the following offenses to 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 to be referred to the criminal justice or juvenile justice system.

1. Bringing a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation or possessing a firearm at school.
2. Making a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel's property, school transportation, or a school-sponsored activity.

District school boards may assign the student to a disciplinary program for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system. If a student committing any of the offenses in this subsection is a student with a disability, the district school board shall comply with applicable State Board of Education rules.
The Principal shall notify all school personnel of their responsibility to report zero tolerance incidents or any incident that poses a threat to school safety to the principal or the principal’s designee, or the School Resource Officer.
The principal or the principal's designee shall notify a local law enforcement agency when a zero tolerance, violent crime has been committed. Law enforcement notification will also include potential violations of the law which may be criminal in nature. If the offense involves a victim, the victim and the victim's parents or legal guardian shall also be notified of the offense and of the victim's right to make a statement to law enforcement officials. The principal will take all steps necessary to protect the victim of any violent crime from further victimization.
Students who have been subjected to an incident of: battery, harassment, hazing, bullying, kidnapping, physical attack, robbery, sexual offenses, assault, threat, or fighting are eligible to participate in the Hope Scholarship Program. Please contact your school principal for additional information pertaining to the Hope Scholarship Program.
State Board Rule 6A-1.0404, Florida Administrative Code, provides for teachers and other school personnel to file charges against a student if a crime has been committed against a teacher or other instructional personnel on school property, on school sponsored transportation, or during school sponsored activities.

Florida Statute 1006.13
School Board Policy 5500
SBER 6A-1.0404
Gun-Free School Zone Act of 1994

In accordance with Section 18 U.S.C.s. 921, please note the following as it pertains to the Code of Student Conduct for elementary and secondary schools:

"Notice that any student who is determined to have brought a firearm, as defined in 18 U.S.C. s. 921, to school, any school function, or on 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 to mental health services identified by the school district pursuant to s.1012.584 (4). Law enforcement will be contacted."

18 U.S.C. s. 921
Florida Statute 1006.07(2)(j); 1006.13 (2)(a); 1012.584(4)
School Board Policy 5500

In accordance with Section 1006.09 (2), Florida Statutes, suspension proceedings may be initiated against a student who is formally charged with a felony for an incident that allegedly occurred on property other than public school property. If, in an administrative hearing, the incident is shown to have an adverse impact on the educational program, discipline, or welfare of the school, the student may be suspended until the disposition of his or her case by the courts. As a result of such a hearing, the student may be suspended for longer than 10 days; however, such a suspension that exceeds 10 days shall not affect the delivery of educational services to the student and the student shall be immediately enrolled in a daytime or evening alternative education program where appropriate. If the court finds that the student did commit the felony, the School Board shall have the authority to expel the student.

Florida Statute 1006.09(2)
School Board Policy 5500

In accordance with Florida Statute 1006.13(5), any person who is attending public school and who has committed certain felony violations can be prohibited by the court before, at the time of adjudication, withholding of adjudication, or pleas - from attending the same school or riding the same school bus as the victim or the victim’s siblings.

Florida Statute 1006.13(5)
School Board Policy 5500

Any student found to have intentionally and maliciously made false accusations that jeopardize the professional reputation, employment, or professional certification of a teacher or other member of the school staff may be subject to expulsion.

Florida Statute 1006.13(5)
School Board Policy 5500

The School Board maintains that daily school attendance is essential to the educational success of each student. Students are expected to be in school all day, every day and in class on time in order to receive full benefit from the instructional programs of the Charlotte County Public Schools. All absences must be reported and explained by a parent or guardian within two (2) school days after the student’s return to school. Research has shown that 10% or more of instructional time missed by students (pre-k to grade 12) is an early warning indicator for possible academic struggles; this measure is used to define chronic absenteeism nationwide.

Florida Statute 1003.24
School Board Policy 5200

Students are not permitted to leave school grounds during lunch unless they have permission from the principal.
Students are not permitted to order food for delivery to the school unless they have specific permission from the principal.

School Board Policy 5130

Parents and students are financially responsible for lost books, supplies and property. Parents and students are financially responsible for debt incurred purchasing meals at Champs’ Café.

School Board Policy 5513, 7440.02

Students are expected to display appropriate and respectful interpersonal physical contact at all times.
Excessive interpersonal contact or inappropriate displays of affection may result in disciplinary action.

Student conducted surveys that fall under the Protection of Pupil Rights Amendment MUST have approval from the Superintendent before they are administered.

20 U.S.C. § Regulations: 34CFR Part 98

Gangs and secret societies are prohibited.
Gangs are defined as any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities, the commission of one or more criminal acts. Gangs have an identifiable name or identifying sign or symbol, and members individually or collectively engage in a pattern of criminal activity.
A secret society is defined as a fraternity, sorority, or other organization whose active membership is comprised in whole or in part of students enrolled in any public school. Membership in a secret society is based on the decision of its members rather than on the right of any student who is qualified by the rules of the school to be a member. This does not prevent the establishment of an organization fostered and promoted by school authorities or approved and accepted by school authorities.

Any student wearing, carrying, displaying gang or secret society paraphernalia, exhibiting behavior or gestures which symbolize gang or secret society membership, causing and/or participating in activities which intimidate or affect the attendance of another student, may be suspended from school and recommended for expulsion.

Florida Statute 1006.14
School Board Policy 2430

The use or possession of common products known to be alternatives to illicit drugs with the sole purpose of imitating the effects of a licit or an illicit drug (legal or illegal) will be dealt with as a drug-related offense.
Examples of these products are bath salts, Spice, K2, herbal incense, potpourri and other common products that are known through law enforcement to mirror the effects of a licit or illicit drug.

In addition, any misuse of over-the-counter products (such as hand sanitizer, energy drinks, etc.) will be dealt with as a drug-related offense.

Possession or use of aerosols on school property or at school events is strictly prohibited.

The School Board of Charlotte County prohibits the use of corporal punishment.

Florida Statute 1003.32(1)(K)
School Board Policy 5500

Middle School
In order for a middle school student to be eligible to participate in athletic activities, the athlete must earn and maintain a 2.0 grade point average on a quarterly basis. Students must follow all expected behaviors outlined in the Code of Student Conduct and their individual team rules. Failure to comply with the minimum grade point average requirement or expected behaviors will result in removal from the team.

In order for a student to be eligible to participate in extra-curricular activities, the student must meet all of the requirements established by the governing regulations of the organization and maintain satisfactory conduct as defined by the district Code of Student Conduct.

High School
In order for a student to be eligible to participate in athletic activities, an athlete must meet all of the requirements established by the Florida High School Athletics Association and maintain satisfactory conduct, as defined by the district Code of Student Conduct.

In order for a student to be eligible to participate in extra-curricular activities, the student must meet all of the requirements established by the governing regulations of the organization and maintain satisfactory conduct as defined by the district Code of Student Conduct.

In order for a student to be eligible to participate in interscholastic athletics, s/he must meet all of the requirements established by the FHSAA and maintain satisfactory conduct, as defined by the District Code of Student Conduct. If a student is arrested for an on or off–campus felony or a delinquent act which would have been a felony if committed by an adult, that student’s participation in interscholastic, extra-curricular activities may be suspended by the principal in consultation with the Assistant Superintendent of School Support in their sole discretion until final disposition of the criminal charge. If the student is convicted of said felony charge, regardless of whether adjudication is withheld, that student’s participation in interscholastic, extra-curricular activities will be suspended for a minimum of eighteen (18) consecutive school weeks. The student may only be reinstated for eligibility with the approval of SERT.

Florida Statute 1006.15(3)(a)4
School Board Policy 2431, 2431.02

Florida Statute 1006.195(1)(a) mandates the following student eligibility standards and related student disciplinary actions regarding student participation in interscholastic and intrascholastic extracurricular activities:

1. A student not currently suspended from interscholastic or intrascholastic extracurricular activities, or suspended or expelled from school, pursuant to a district school board’s suspension or expulsion powers provided in law, including state statutes 1006.07, 1006.08, and 1006.09, is eligible to participate in interscholastic and intrascholastic extracurricular activities.
2. A student may not participate in a sport if the student participated in that same sport at another school during that school year, unless the student meets the criteria in statute 1006.15(3)(h).
3. A student’s eligibility to participate in any interscholastic or intrascholastic extracurricular activity may not be affected by any alleged recruiting violation until final disposition of the allegation pursuant to Statute 1006.20(2)(b).

Florida Statute 1006.195(1)(a)

The purpose of the District’s Video Surveillance System is primarily to ensure the safety of the students and staff. This serves as notification to parents and students that video surveillance equipment is placed at all school sites and student activities are recorded. Parents are advised that students may be video recorded at any time while on school grounds and the video footage may be viewed by District personnel. Review of video by others will be governed by the Family Education Rights and Privacy Act (FERPA).

School Board Policy 7440.03

Vape detection sensors will be located in restrooms allowing students an environment free from harmful vape products. Vape sensors detect various products including but not limited to THC and Tobacco. Students found in possession of vape devices and/or tampering with vape sensors will be disciplined in accordance with the Code of Student Conduct and will be referred to local law enforcement.

School officials may conduct a warrantless search of a student’s person, automobile, book bag, or any other storage area on School Board property, if such officials have reasonable suspicion that illegal, prohibited, or harmful items or substances may be concealed on the student or hidden in such places. Any search of a student’s personal belongings, including a purse, backpack, or bookbag, must be conducted discreetly to maintain the privacy of the student’s personal items within such belongings. Personal items that are not prohibited on school grounds must be immediately returned to the student’s personal belongings. School officials may also use metal detectors or specially trained animals in the course of searches. In addition, where alcohol use is suspected, students may be asked to submit to an oral swab test or portable breathalyzer test. 

Any student who refuses to cooperate shall be subject to school disciplinary action which may include a recommendation for expulsion.

A random search of students without specific cause may be conducted on School Board property, at school- sponsored activities away from school property, and at all other times when students are subject to the disciplinary control of school officials. Students, property and areas to be included in the search shall be determined on a documented, completely random basis. Stationary or hand-held metal detectors may be used to assist in a random search for firearms and weapons. Specially trained animals may be used to assist in the random detection of weapons or illegal substances. Visitors, who elect to remain in the search area following notice, may be subject to the random search process. Such random searches may only be conducted by school officials subject to the administrative guidelines promulgated by the Superintendent and applicable School Board Policies.

Florida Statute 1006.09(9)(10)
School Board Policy 5610.03, 5610.04, 5771

Completing all required courses, having the appropriate grade point average and receiving passing scores on all required tests, gives the student the right to receive a high school diploma. However, participation in graduation and promotion ceremonies and activities is a privilege, not a right that is automatically accorded to students. If, 30 school days or less before graduation, a student commits a major infraction as listed in the Code of Conduct, graduation activities and participation in the graduation ceremony (commencement) will be withheld. The graduation ceremony (commencement exercises) will include only those students who have successfully completed requirements for a standard high school diploma, a special diploma, or a certificate of completion for graduation as certified by the high school principal. Exceptions can be made with principal approval for students who are awaiting GED Exit Option results at The Academy. A qualified student may be denied participation in the ceremony of graduation when personal conduct so warrants.

The research based Positive Behavior Interventions and Support (PBIS) program is in use by all Charlotte County Schools. As part of a school wide system, each school identifies a set of expectations that allows staff to proactively teach and reinforce expected behaviors, in addition to providing consequences for inappropriate behavior in accordance with the Code of Conduct. PBIS is recognized at both the state and the federal level as an effective way to increase positive behaviors for the majority of our students.

The use of PBIS at all tiers is part of a comprehensive Multi-Tiered Systems of Support and data is used to develop interventions at the school wide, small group and individual levels. Follow the link for more information on the use of PBIS in Florida schools.

Burke, Eric – CCSO Representative
Christiansen, Kelli – Executive Secretary, School Support
Cox-McKimmey, Jennifer – Coordinator of District Health Services
Curtis, Paul – Assistant Principal, Port Charlotte High School
Desjardins, Michael – Assistant Superintendent for School Support
Flores, Susan – Coordinator of Social Work and Mental Health Services
Gauthier, Avery – Student, Port Charlotte High School
Gauthier, Rosalyn – Parent, Port Charlotte High School
Ham, Jack – Director of School Support
Jenkins, Deshon – Principal, The Academy
Marazon, Rebecca – Coordinator of Psychological Services
Melvin, Daniel – Teacher, Charlotte Harbor Center
Oberdier, Lisa – Director of Secondary Learning
Platt, Krissy – FSW Representative
Pyle, Kate – Assistant Principal, Charlotte High School
Smith, Andrew – Student, Lemon Bay High School
Smith, Steve – Assistant Principal, Lemon Bay High School