School Discipline in Florida
What schools can and can't do when a student is in trouble — the rulebook behind it, the difference between suspension and expulsion, the due-process rights every student has, and the extra protections for students with disabilities. Written in plain language for parents and students.
⚡ The short version
- Every district has a written Code of Student Conduct. It lists what counts as misconduct and what the consequences are — it's the first thing to read.
- A principal can suspend; only the school board can expel. A principal's suspension is generally capped at 10 school days for a single incident.
- Students have due-process rights. Before a suspension, a student is entitled to be told what they're accused of and given a chance to respond. Expulsions require a more formal hearing.
- Students with disabilities get extra protection. Before a long removal, the school must hold a "manifestation determination" to decide whether the behavior was caused by the disability.
It starts with the Code of Student Conduct
Florida requires every district school board to adopt a Code of Student Conduct, written so students and parents can understand it and handed out (or linked) in the student handbook each year. It spells out the specific grounds for discipline and the range of consequences, and the law says the punishment must be proportionate to the severity of the infraction and consistent with how the district treats similar conduct. If your child is facing discipline, the Code is the document that governs — read the exact section they're accused of violating.
The Code of Student Conduct
Sets the district's grounds for in-school suspension, out-of-school suspension, and expulsion; requires consequences proportionate to the offense; and must be discussed at the start of each school year.
Suspension vs. expulsion: who decides, and for how long
| Action | Who decides | Typical length | Process |
|---|---|---|---|
| In-school suspension (ISS) | Principal or designee | Short term; student stays at school | Informal — notice of the reason |
| Out-of-school suspension (OSS) | Principal or designee | Generally up to 10 school days per incident | Notice of the accusation + a chance to respond |
| Expulsion | School board only (principal recommends) | Up to a year, sometimes longer per board policy | Formal hearing with stronger procedural rights |
A principal recommends expulsion to the superintendent, and the recommendation must include a report on the alternative measures tried first. While the board's decision is pending, a suspension can be extended past 10 days if the board hasn't yet met. The board can also place an expelled student in a disciplinary or "second chance" program so education continues.
The right that matters most: due process
A public-school student can't simply be removed without any process. The constitutional floor — set by the U.S. Supreme Court — is that before a suspension, the student must be told what they're accused of and given a chance to tell their side. The more serious the consequence, the more process is owed: an expulsion calls for a formal hearing where the family can present evidence and witnesses. If the school skipped these steps, that itself can be grounds to challenge the discipline. Ask, in writing, for the specific rule violated, the evidence, and the hearing or appeal procedure.
Zero tolerance — narrower than it sounds
Florida's zero-tolerance law (§ 1006.13) is aimed at conduct that genuinely threatens school safety, not ordinary misbehavior. The law tells districts to define petty acts of misconduct and steer those toward school-based intervention rather than arrest, and it encourages prearrest diversion (such as a delinquency-citation program) instead of pushing minor incidents into the justice system. Two areas, though, trigger the strictest response.
Mandatory expulsion: firearms & certain threats
Bringing a firearm to school, or making certain threats or false reports, requires expulsion — generally for a full year under state and federal law. A superintendent can ask the board to modify it case by case, often by assigning the student to a disciplinary or second-chance school instead.
The piece most families miss: extra protection for students with disabilities
If your child has an IEP or a Section 504 plan, federal law and Florida rule (6A-6.03312, F.A.C.) add a critical safeguard. Once a student with a disability has been removed for more than about 10 school days in a year, the school generally must hold a manifestation determination review — a meeting to decide whether the behavior was caused by, or directly related to, the disability, or by the school's failure to follow the IEP.
If the answer is yes, the student usually can't be disciplined the same way a non-disabled student would be, and the team looks at supports and a behavior plan instead. Even during a removal, the school must keep providing educational services. If your child has a disability and is facing a long suspension or expulsion, ask specifically about the manifestation determination — it's easy to overlook and it changes everything.
If your child is facing discipline
- Get the accusation in writingAsk the school for the specific Code of Student Conduct rule your child is accused of breaking, and what consequence is proposed.
- Read the Code section that appliesCompare what's alleged to what the Code actually says, including any required steps or alternatives the school is supposed to consider first.
- Ask for the process and the timelineFind out whether there's a hearing, who decides, when it happens, and how to appeal. Put your requests in writing and keep copies.
- Flag any disabilityIf your child has an IEP or 504 plan, raise it immediately and ask about a manifestation determination before any long removal.
- Bring your sideGather your child's account, witnesses, messages, or records, and present them at the meeting or hearing.
- Consider help for serious casesFor an expulsion, a referral to law enforcement, or a disability dispute, consider an education advocate or a Florida-licensed attorney.
What schools can — and can't — do
✅ Schools generally can
- Discipline conduct listed in the Code
- Search a student on reasonable suspicion
- Suspend (principal) up to the district limit
- Recommend expulsion to the board
- Remove a disruptive student from class
🚫 Schools generally can't
- Expel without a board decision and hearing
- Punish without notice and a chance to respond
- Impose consequences out of proportion to the act
- Ignore IEP/504 protections before a long removal
- Stop educational services during expulsion
Common questions
Can my child be suspended without any warning or explanation?
Generally no. Before a suspension, a public-school student is entitled to be told what they're accused of and given a chance to respond. The process is informal for a short suspension but it still has to happen.
How long can a suspension last?
A principal's out-of-school suspension is generally limited to 10 school days for a single incident. Anything longer moves into expulsion territory, which only the school board can decide.
Who can actually expel a student?
Only the district school board. A principal can recommend expulsion to the superintendent, and the recommendation must report what alternatives were tried, but the board makes the final decision after a formal hearing.
Can the school search my child's backpack or phone?
School officials can search a student when they have reasonable suspicion of a rule or law violation — a lower standard than the probable cause police need. The search should be reasonable in scope for what they're looking for.
My child has an IEP. Does that change things?
Yes. Before a removal of more than about 10 school days in a year, the school generally must hold a manifestation determination review to decide whether the behavior was tied to the disability. If it was, the usual discipline typically can't be applied, and services must continue.
Does every offense get referred to the police?
No. Florida law directs districts to route petty misconduct to school-based intervention and to favor prearrest diversion over arrest for minor incidents, reserving the harshest responses — including referral and mandatory expulsion — for serious safety threats like firearms.
Legal information on JusticeXpressFlorida.com is provided for general educational purposes about Florida law. It is not legal advice and does not create an attorney-client relationship. Each district's Code of Student Conduct and procedures differ, and the law changes — verify the current rules with your school district or a Florida-licensed attorney before acting.