Youth Topics · Education & School
School Disciplinary Procedures in Florida
What happens when a student is suspended or expelled from a Florida public school — the steps the school must follow, the rights students and parents have along the way, and the extra protections for students with disabilities.
Where the rules come from
School discipline in Florida is built on two layers. State law sets the outer boundaries — what suspension and expulsion mean, how long they can last, and who has the power to impose them. Within those boundaries, each of Florida's 67 school districts adopts its own Code of Student Conduct that spells out the specific rules, the list of offenses, and the consequences that apply in that district. Fla. Stat. § 1006.07
The district must adopt a separate code for elementary schools and one for middle and high schools, and must hand them out to every teacher, staff member, student, and parent at the start of each school year. The code has to explain not only what behavior is prohibited, but also the procedures the school will follow and the rights students have — including the right to attend, the right to free speech, and the right to be treated consistently. § 1006.07(2)
Start here
Before anything else, get a copy of your district's Code of Student Conduct (it's usually posted on the district website or in the student handbook). It is the document the school must follow, and the document you'll point to if you think a rule was applied unfairly.
The four levels of discipline
Florida law defines a ladder of consequences. A school is supposed to match the response to the seriousness of the conduct — the law requires that consequences be proportionate to the severity of the infraction and consistent with how the district treats similar conduct by other students. § 1006.07(2)
| Action | What it means | How long | Who imposes it |
|---|---|---|---|
| In-school suspension (ISS) | Student is removed from regular classes but stays on campus in a supervised alternative setting. | Up to 10 school days | Principal / designee |
| Out-of-school suspension (OSS) | Student is removed from all classes and school-sponsored activities and sent home, with homework assignments to complete. | Up to 10 school days | Principal / designee |
| Bus suspension | Loss of the privilege of riding the school bus for a transportation-rule violation. Parent and superintendent must get written notice within 24 hours. | Set by district policy | Principal / designee |
| Expulsion | Removal of the right to attend the public school, for serious breaches of conduct. May be with or without continuing educational services. | Up to the rest of the term/year + 1 additional year | School Board only |
The definitions of these terms are set in state law. § 1003.01(5)–(6) A key takeaway: a principal's own authority to suspend tops out at 10 school days. Anything longer has to move up the chain to the superintendent and ultimately the School Board through the expulsion process.
Who decides what
Discipline in Florida runs through three roles, each with a different level of authority.
- The principal (or designee) Can place a student in in-school suspension or out-of-school suspension for up to 10 school days. The principal is supposed to make a good-faith effort to use parental contact or other alternatives before suspending, and must report each suspension and the reason in writing to the superintendent within 24 hours. § 1006.09
- The superintendent Receives a principal's recommendation for expulsion. The recommendation must include a detailed report on the alternative measures the school tried first. The superintendent then gives the student and parent written notice of the charges and of the student's due-process rights, and forwards the matter to the School Board.
- The School Board Is the only body that can actually order an expulsion, and it decides every case recommended for expulsion. The board acts at a public meeting where the family has a chance to respond before a final decision is made. § 1006.07(1)(a)
Your due-process rights
Because public education is treated as a right in Florida, a student facing discipline is entitled to fair procedures before being removed from school. How much process is owed scales with how serious the consequence is.
For a suspension (up to 10 days)
Suspension hearings are informal — the law specifically exempts them from the formal administrative-hearing rules of Chapter 120. § 1006.07(1)(a) In practice that means the student should be told what they're accused of and given a chance to tell their side before the suspension takes effect, and the parent must be notified. It is a quick, basic check — not a courtroom.
For an expulsion
Expulsion carries much stronger protections. The student and parent have the right to written notice of the charges and a written statement of the right to due process. The hearing is governed by Florida's formal administrative-procedure rules. §§ 120.569, 120.57(2) Those rules generally include the right to be represented (including by an attorney), to present evidence and witnesses, and to question the school's evidence. The expulsion hearing is exempt from the open-meetings (Sunshine) law, but the parent must be told of that and can choose to have the hearing held in the open instead.
Practical point
A request to have your side heard, in writing, costs nothing and creates a record. If you disagree with a charge, say so clearly and early — and keep copies of every notice, email, and form the school sends you.
How an expulsion case moves
The typical path from incident to final decision looks like this:
- Incident and investigationThe school documents the alleged conduct and, for serious matters, the principal considers whether the Code of Student Conduct calls for an expulsion recommendation.
- Short suspensionThe student is often placed on out-of-school suspension (up to 10 days) while the case is pending. If that period would run out before the next School Board meeting, the superintendent can extend it.
- Recommendation to the superintendentThe principal forwards a recommendation for expulsion, including the required report on alternatives already tried.
- Written notice to the familyThe superintendent gives the student and parent written notice of the charges and of their due-process rights.
- HearingA formal hearing is held under §§ 120.569 and 120.57(2), where the family can present evidence and challenge the school's case.
- School Board decisionThe matter goes to the School Board, the only authority that can order an expulsion, for a final vote.
Students with disabilities: extra protections
Students with disabilities must follow the same Code of Student Conduct as everyone else and can face the same consequences — but federal law (the Individuals with Disabilities Education Act, or IDEA) adds a critical layer of protection that schools must honor.
- The 10-day rule. Once removals add up to 10 school days in a year, it is treated as a change of placement, which triggers additional steps.
- Manifestation determination. Within 10 school days of deciding to change placement, the school, the parent, and relevant members of the IEP team review whether the behavior was caused by, or directly related to, the disability — or was the result of the school failing to follow the student's IEP.
- If it was a manifestation of the disability, the student generally cannot be disciplined the same way, and the team addresses behavior through an evaluation (FBA) and a behavior plan (BIP).
- If it was not a manifestation, the student can face the same discipline as any other student — but the district must keep providing educational services (FAPE).
- The 45-day exception. For weapons, drugs, or serious bodily injury, a student can be moved to an interim alternative setting for up to 45 school days regardless of the manifestation finding.
- Services continue. Even a student who is expelled must continue to receive the educational services in their IEP.
If your child has an IEP or 504 plan
Raise it immediately when discipline is proposed. The manifestation-determination process is a right, not a favor, and Disability Rights Florida (linked in the sidebar) offers free guidance on how it works.
Conduct away from campus
Schools can sometimes discipline a student for things that happen off school grounds — online, at a bus stop, or in the community — but to do so the school generally has to show a connection (a "nexus") between the off-campus conduct and the school environment. If there's no real link to the school, that's a point a family can raise.
If you disagree with the discipline
You are not powerless once a consequence is proposed. Some practical steps:
- Get it in writing. Ask for the specific Code of Student Conduct rule the school says was broken, and the notice of charges.
- Tell your side, on the record. Provide your account and any evidence (texts, photos, witness names) in writing.
- Check for consistency and proportionality. The law requires similar treatment for similar conduct; if a penalty looks far harsher than usual, say so.
- Ask about alternatives. Before recommending expulsion, the school is supposed to document alternatives it tried — ask what those were.
- Use the hearing and appeal. For expulsions, attend the hearing, bring support, and follow the district's appeal process.
- Get help for serious cases. An expulsion can affect a student's record and future; many families consult an education attorney before the School Board hearing.
Watch the clock
Disciplinary timelines move fast. A principal's suspension can take effect right away, written notices may give only a short window to respond, and School Board hearings are scheduled for the next available meeting. Read every notice the day you receive it and calendar any deadline it contains.
The bottom line
Florida gives schools real authority to discipline students, but that authority comes with rules: consequences must be proportionate, a principal can suspend for no more than 10 days on their own, only the School Board can expel, and students — especially students with disabilities — have due-process rights at every step. Knowing where those rules are written, and asking the school to follow them, is the most powerful thing a student or parent can do.