which students will be disciplined shall be consistent with the requirements of due process and
in accordance with all federal and state regulations regarding students with disabilities.
RIGHT OF STUDENT DISMISSAL
FS 228.056 10(a) 7 identifies the charter school’s authority to develop and implement admission
procedures and dismissal procedures. The charter contract between Bay District Schools and
Palm Bay Schools affords the charter school the right of dismissal. Families and students who
fail to meet the Palm Bay Schools established policies for continued enrollment include the
following:
● Attendance requirements as per FS 1001.41 requiring a minimum of 160 days of
attendance and/or excessive tardies.
● Behavior as per Palm Bay Schools policy.
Violations in the areas of attendance, behavior and/or uniform dress code will be
documented and a conference will be held with parents and students. Parents will
be notified in writing of the final declaration of dismissal.
DISCIPLINE OF STUDENTS WITH DISABILITIES
For the purpose of this rule a student with disabilities is defined as any student appropriately classified as 504 or
Exceptional Student Education and presently placed in an exceptional student education program, excluding gifted.
Parental notification of policies, procedures, and student rights regarding discipline of students with disabilities shall
be provided, in writing, at the eligibility staffing meeting or when parental consent for 504/ESE placement is
documented.
Parental safeguards and rights of due process shall, in addition, be observed and followed at all steps in the process.
Additional information is available in the “Florida Department of Education District Implementation Guide for Section
504 (504 Guide)” or the "Special Programs and Procedures for Exceptional Students (SP&P)," adopted by the Board
pursuant to Section 1.103 and hereby incorporated by reference as a part of the Rules of the Bay County School
Board.
Suspension of Students with Disabilities.
The principal may suspend a student with disabilities for a period of time not to exceed ten (10) school days (or an
accumulation of ten (10) school days within a school year) without the provision of a free and appropriate public
education. Appropriate due process shall be observed, except in emergency situations in which a student's presence
poses a continuing danger to persons or property or represents an ongoing threat of disruption to the academic
process.
Following procedures outlined in the 504 Guide or the SP&P Manual, the school must conduct a functional
behavioral assessment and develop a behavioral intervention plan. This must occur no later than ten (10) business
days after removing the student for more than ten (10) school days in a school year, If the student has a behavioral
intervention plan, the 504/IEP Team shall meet to review the plan and consider modifying the plan to address the
behavior.
Suspension After Accumulation of Ten Suspension Days. At such time that accumulated suspensions exceed ten
(10) days within a school year and a pattern of removal has been determined, the principal shall convene the
504/IEP Team and include the principal or his/her designee. This Team shall review the student's program and
conduct a manifestation determination meeting to determine whether or not the student's disability is a precipitating
factor in the disciplinary infraction.
If the 504/IEP Team determines that the student's behavior is related to the student’s disability, then using procedures outlined
in the 504 Guide/SP&P, the Team will amend the student’s Plan to address the behaviors.
If the 504/IEP Team determines that the student's behavior is not related to the student’s disability, the Team shall
document the rationale for this decision in a manifestation determination meeting. In this case, procedures for
disciplinary action will follow its regular course of action, as designated in School Board Policy 7.203. Parents must
be informed of this decision. In no case will services cease for a student with a disability.
Expulsion of Students with Disabilities. If the student to be expelled is a student with disabilities, the following
procedures from the 504 Guide/SP&P must be followed. Instances in which students with disabilities engage in
behavior that could warrant expulsion action are described in School Board Policy 7.203.
1. Expulsion of an identified student with disabilities constitutes a change in educational placement and may not
be an exclusion from educational services.
2. When a principal plans to recommend expulsion for a student with disabilities, the Superintendent or his/her
designee shall be notified that a 504/ IEP Team meeting will be held. The Team shall meet to determine whether
the student's misconduct is a manifestation of his/her disability.
3. The 504/IEP Team shall determine the relationship of the student's behavior to the student’s disability and
Palm Bay Schools • 2024-2025 Student and Parent Handbook - updated 7/8/2024 • 13