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Chapter 5 - Students

Chapter 5.0 Table of Contents


5.08 BATHROOMS, LOCKER ROOMS AND OVERNIGHT TRIPS

BATHROOMS AND LOCKER ROOMS

Students may only use bathrooms, dressing rooms, and locker rooms that correspond with their biological sex at birth. Alternatively, students may use single occupancy bathrooms. 

OVERNIGHT TRIPS

With respect to overnight school trips, prior notice and consent from parents will be required if room assignments for one or more students are not separated by biological sex at birth. Each student impacted by this exception must have an individual written parental consent form on file for that student’s lodging.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: RULE 6A-10.086, F.A.C.
HISTORY: ADOPTED: MAY 2, 2023
REVISION DATE(S): N/A

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5.09 SCHOOL DISTRICT NOTIFICATIONS OF PARENTAL RIGHTS

The School Board is committed to honoring the rights of parents and promoting parental involvement in the District. The Board recognizes the fundamental rights of parents to direct the upbringing, education, and care of their minor children. To this end, the Board establishes the following standards and expectations. The forgoing policy supersedes all current practices and shall be deemed incorporated, as if fully set forth, in the student code of conduct.

  1. DEFINITIONS
    For purposes of this policy, “parent” is defined as a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian.
  2. The Board has developed policies to support strong, continuing family and community involvement in all aspects of school programs and activities and provides support for measurable improvement in student achievement. The
    following lists represent the policies and related information most applicable to the topics contained herein but is not meant as an exhaustive list of all Board policies and plans pertinent to these topics.
    1. Plans, pursuant to section 1002.23, F.S., for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline can be obtained through the webpage dedicated to Students & Families Information on the District’s website and as set forth in the District’s Student Progression Plan.
    2. Procedures, pursuant to section 1002.20(19)(b), F.S., for a parent to learn about his or her minor child's course of study, including the source of any district-based supplemental education materials can be obtained through the Student Support Application Software webpage on the District’s website and as set forth in the District’s Student Progression Plan. In addition, parents may learn about school-based supplemental education materials by contacting the school’s principal or principal’s designee.
    3. Procedures, pursuant to section 1006.28(2)(a)2, F.S., for a parent to object to instructional materials and other materials used in the classroom are set forth in Board Policy 4.20, Instructional Materials.
    4. Procedures, pursuant to section 1002.20(3)(d), F.S., for a parent to exempt his or her minor child from any portion of the school district's comprehensive health education required under section 1003.42(2)(n), F.S., that relates to sex education or instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality if the parent provides a written objection to his or her minor child's participation, and the policy that provides for a parent to be notified in advance of such course content so that he or she may exempt his or her minor child from those portions of the course are set forth in Board Policy 4.10, The Curriculum.
    5. Procedures, pursuant to sections 1006.195(1)(a) and s. 1006.15, F.S., for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor child's school, including those that are extracurricular or part of the school curriculum can be obtained through the webpage dedicated to Programs on each school’s district website.
    6. The following contains policies, procedures, plans, and resources for a parent to learn about parental rights and responsibilities under general law, including, but not limited to
      1. Pursuant to section 1002.20(3)(d), F.S., pertaining to the right of a parent to opt his or her minor child out of any portion of the school district’s comprehensive health education required under section 1003.42(2)(n), F.S., that relates to sex education instruction in acquired immune deficiency
        syndrome education or any instruction regarding sexuality, related information is set forth in Board Policy 4.10, The Curriculum.
      2. A plan to disseminate information, pursuant to section 1002.20(6), F.S., about school choice options, including open enrollment can be obtained through the School Choice Office webpage on the District’s website.
      3. In accordance with section 1002.20(3)(b), F.S., pertaining to information regarding the right of a parent to exempt his or her minor child from immunizations, related information can be obtained through the Florida Department of Health’s website dedicated to Exemption From Immunization
        Requirements.
      4. In accordance with section 1008.22, F.S., pertaining to the right of a parent to review statewide, standardized assessment results, related information can be obtained through the Assessment & State Testing Resources webpage on the District’s website.
      5. In accordance with section 1003.57, F.S., pertaining to the right of a parent to enroll his or her minor child in gifted or special education programs, related information can be obtained through the Exceptional Education & Student Services (EESS) and the School Choice Office webpages on the District’s website. The Exceptional Education & Student Services website shall include procedural guidelines and resources for EESS matters.
      6. In accordance with section 1006.28(2)(a)1, F.S., pertaining to the right of a parent to inspect school district instructional materials, related information is set forth in Board Policy 4.10, The Curriculum.
      7. In accordance with section 1008.25, F.S., pertaining to the right of a parent to access information relating to the school district’s policies for promotion or retention, including high school graduation requirements, related information is set forth in the District’s Student Progression Plan and can also be obtained through the Students & Families information webpage on the District’s website.
      8. In accordance with section 1002.20(14), F.S., pertaining to the right of a parent to receive a school report card and be informed of his or her minor child’s attendance requirements, related information is set forth in Board Policy 4.80, Report Cards; the Code of Student Conduct; and the District’s Student
        Progression Plan.
      9. In accordance with section 1002.23, F.S., pertaining to the right of a parent to access information relating to the state public education system, state standards, report card requirements, attendance requirements, and instructional materials requirements, related information is set forth in Board Policy 4.80, Report Cards; Board Policy 4.10, The Curriculum; the Code of Student Conduct; and the District’s Student Progression Plan.
      10. In accordance with section 1002.23(4), F.S., pertaining to the right of a parent to participate in parent-teacher associations and organizations that are sanctioned by a district school board or the Department of Education, related information can be obtained through the Students & Families Information webpage on the District’s website.
      11. In accordance with section 1002.222(1)(a), F.S., pertaining to the right of a parent to opt out of any district-level data collection relating to his or her minor child not required by law, the District does not collect, obtain, or retain information on the political affiliation, voting history, religious affiliation, or biometric information of a student or a parent or sibling of the student. Opt-out information relating to Directory Information is found in the DCPS Student Records Brochure.
      12. In accordance with Section 1001.42(8)(c), each school district shall adopt policies to notify parents of the procedures required under 1001.42(8)(c). Accordingly, the procedures required by this section are found in the Parental Notification of Change in Support Services Procedures document. This document can be found through the Notification of Parental Rights webpage on the District’s website.
  3. The Parents’ Bill of Rights informational resource document shall be included on the Students & Families webpage on the District’s website, with contact information for responsible departments. District departments responsible for content therein shall update the resources and contact information as necessary.
  4. School Principals shall include school-specific information on individual school webpages that are pertinent to the rights set forth within this policy. School Principals are encouraged to include the updated Parents’ Bill of Rights
    informational resource document on individual school webpages on the district’s website.
  5. A parent may request, in writing, from the Superintendent or his/her designee, the information required under this section, including applicable policies and procedures. Within ten (10) days, the Superintendent or his/her designee must provide such information to the parent. If the Superintendent or his/her designee denies a parent's request for information or does not respond to the parent's request within ten (10) days, the parent may appeal the denial to the School Board. The School Board must place a parent's appeal on the agenda for its next public meeting. If it is too late for a parent's appeal to appear on the next agenda, the appeal must be included on the agenda for the subsequent meeting.
  6. Notwithstanding any statutory or legal authority to the contrary, any employee of the district may be subject to disciplinary action if the employee encourages, coerces, or attempts to encourage or coerce, a minor child to withhold information from the minor child's parent.
  7. This policy does not authorize a parent of a minor child to engage in conduct that is unlawful or to abuse or neglect their minor child in violation of general law. Parental rights do not prohibit or impede child welfare activities, or any other statutory or legal duties or rights, when performed by a court of competent jurisdiction, law enforcement officer or employees of a government agency.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1002.20, 1012.02, F.S., See Chapter 1014 – Parents’ Bill of Rights
HISTORY: ADOPTED: JANUARY 10, 2022
REVISION DATE(S): JULY 11, 2022

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5.10 REQUIREMENTS FOR ORIGINAL ENTRY

  1. Any student who initially enrolls in the District shall be required to present certification of immunization for those communicable diseases as required by Florida Statutes.
    1. Students who are under twenty-one (21) years of age shall present certification of immunization for communicable diseases. The exception is a student who is classified as Homeless.
    2. Exceptions may be granted as provided in Florida Statutes.
  2. Students will be required to provide physical examinations based on the following
    policies. Sports physicals DO NOT meet this requirement.
    1. Students in Grades PK-12 who enter Florida public schools for the first time must present a physical examination that has been done within twelve (12) months of enrollment.
    2. Students in Grades PK-12 who are enrolling from another public or private school within the state of Florida have thirty (30) days from the date of enrollment to provide a copy of their original physical examination.
    3. Students in Grades PK-12 who are transferring from out of state or out of the country have thirty (30) days from the date of enrollment to provide a copy of a physical examination that has been done within the last twelve (12) months.
    4. The health examination shall be completed by a health professional who is licensed in Florida or in the state where the examination was performed.
  3. Any student who was previously enrolled in an out-of-state public school and who seeks admission to a District school shall be admitted on the basis of admission requirements established in the state in which the student resided prior to moving to the county, except as provided in this rule.
  4. A student entering a District school from a private, home school, or nonpublic school shall be assigned to a grade based on the Student Progression Plan adopted by the School Board.
  5. The name of a student as it appears on the birth certificate or other supporting evidence, as provided by law, shall be used on all school documents and records until such time as the parent provide a final court order verifying a name change.
  6. Any student who initially enrolls in the District shall be required to report any previous school expulsions, arrests resulting in a charge and juvenile justice actions the student has had. After referral to the District hearing officer and a review of the facts of the case, the District may waive or honor the final order of expulsion or dismissal of a student. If the student is admitted by the School Board, the student may be placed in an alternative school or program, or may have other conditions imposed prior to enrollment.
  7. Proof of age requirements as set forth in 1003.21, F.S. shall be required.
  8. A student who is sixteen (16) years or older and who has been withdrawn from school for nonattendance shall be reenrolled one (1) time upon his/her request as long as the student has not reached the age of twenty (20). The reenrollment of any student who has been dropped more than one (1) time shall be at the principal’s discretion at the school where enrollment is sought. The exception would be a student with disabilities with an active IEP.
  9. No person twenty (20) years of age or older shall be enrolled as a student in any school in the District. This shall in no way be interpreted to mean that a student enrolled at a school who is in good standing and working toward a diploma shall be involuntarily withdrawn when he/she reaches the age of twenty (20). The exception would be a student with disabilities with an active IEP who may receive educational services until the end of the school year in which the student turns twenty-two (22).

STATUTORY AUTHORITY: 1001.41, 1001.42 F.S.
LAW(S) IMPLEMENTED: 1001.43, 1003.01, 1003.21, 1003.22, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-6.024
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; DECEMBER 8, 2014; MARCH 7, 2017; JANUARY 7, 2019.

FORMERLY: JC, JFA, JFCA, JLCA

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5.11 ADMISSION TO KINDERGARTEN

Any child shall be eligible for admission to kindergarten if he/she has attained the age of five (5) years on or before September 1 of the school year. Provided, however, a child who transfers from an out-of-state or out-of-country public school shall be admitted underthe same age requirements as established in the state or country where he/she previously
resided. The Interstate Compact on Educational Opportunity for Military Children as set forth in 1000.36, F.S. must be considered. Students of military families shall be allowed to continue their enrollment at the grade level in which they were enrolled in the sending state, including kindergarten, at the time of transition, regardless of age. Before admitting a child to kindergarten, the principal shall require evidence of the following in school in accordance with State Board of Education rules:

  1. The date of birth in the manner provided by Florida Statutes;
  2. An up-to-date immunization record;
  3. A school-entry health examination conducted within one (1) year prior to enrollment;
  4. An official letter or transcript which shows record of attendance, academic information, and grade placement of the student shall be presented, if available when transferring from an out-of-state or out-of-country public school;
  5. Official documentation that the parent(s) or guardian(s) was a legal resident(s) of the state or country in which the child was previously enrolled in school.

STATUTORY AUTHORITY: 1001.41, 1001.42 F.S.
LAW(S) IMPLEMENTED: 1001.43, 1003.21, 1003.22, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-6.024
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S):
NOVEMBER 10, 2008; DECEMBER 8, 2014; MARCH 7, 2017.

FORMERLY: JFA

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5.12 ADMISSION TO FIRST GRADE

  1. For admission to first grade, a student shall be six (6) years old on or before September 1 of the school year and shall satisfy one (1) of the following requirements:
    1. Satisfactory completion of kindergarten requirements in a Florida public school; or
    2. Satisfactory completion of kindergarten requirements in an out-of-state or outof-country public school in which he/she was admitted on the basis of age requirement established by the state of residency.
  2. Satisfactory completion of kindergarten requirements in a non-public school will result in a provisional placement in first grade until validation of grade level is completed pursuant to District’s Student Progression Plan.
  3. First grade students shall progress according to the District’s Student Progression Plan.

STATUTORY AUTHORITY: 1001.41, 1001.42 F.S.
LAW(S) IMPLEMENTED: 1001.43, 1003.21, 1003.22, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-6.024
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; DECEMBER 8, 2014.

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5.13 ADMISSION TO POSTSECONDARY CAREER AND TECHNICAL
EDUCATIONAL PROGRAMS

Duval County Public Schools offers students the opportunity to participate in Career and Technical Education postsecondary educational programs in collaboration with local and state colleges and universities. The program offerings vary annually based on availability. Admission requirements can be found in the articulation agreements that are held between Duval County Public Schools and each postsecondary institution. 

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1007.264, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-10.041
HISTORY: ADOPTED: FEBRUARY 7, 2023
REVISION DATE(S): N/A
FORMERLY: REPEALED

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5.14 VOLUNTARY PRE-KINDERGARTEN (VPK) ENROLLMENT

In an effort to better prepare children for success in kindergarten, the district operates a number of Voluntary Prekindergarten (VPK) programs. Enrollment in these programs is based upon available funding, open seats, student need, and federal requirements for specialized programs for English language learners and students with disabilities. Because space in the District VPK program is limited, the Duval County Public Schools School Board has established criteria for application and admission.

  1. APPLICATION PROCESS
    Between January 1 and the last day of February of each school year, the District shall make application for the Voluntary Prekindergarten program (VPK) available online through the District website. To be eligible for consideration for the lottery for fall admission (including VPK magnet programs), parents or applicants must
    submit the online application no later than 11:59 PM on the last day of February. Parents will choose, in order of preference, up to three VPK programs that the student is eligible to attend. Only children with a Certificate of Eligibility from the Early Learning Coalition of Duval are eligible for DCPS VPK programs.
    1. Parents will visit the Early Learning Coalition of Duval website at www.elcduval.org beginning January of the year the student is expected to participate in VPK to obtain a Certificate of Eligibility (voucher).
    2. Parents will visit the District website to complete the online VPK Lottery application for VPK by choosing, in order of preference, three VPK programs that the student is eligible to attend. The period for on-time application begins January 1 and will remain open through the last day of February.
    3. Parents will receive an email with the results of their application and will accept or decline an invitation by the date established by the School Choice department and as advertised on the district website. If selected through the lottery for a VPK program, parents may accept or decline the invitation. If a parent fails to accept an invitation during this period, the invitation will be cancelled. Students who are not accepted through the lottery into any of the parent’s VPK choices are placed on a wait list.
      1. Waitlisted students may be contacted for admission into one of the requested schools by waitlist order if any openings occur during the summer. Parents are strongly encouraged to keep their notification in a
        safe place and check the progress throughout the spring and summer. The notification contains the wait list number. As openings become available, they will be filled according to that number.
      2. If an eligible student on the waitlist is selected, parents will be notified by email. Parents will have 48 hours to accept the seat. If the district does not receive the parent’s acceptance within that period, the opening will be offered to the next student on the wait list to assure fairness.
      3. If an eligible student receives one of the choices listed on the application for a VPK school program, the student will not be placed on the wait list for any of the parent’s other choices. Students who are accepted into one of the VPK requested sites do NOT appear on a wait list for any other school programs.
    4. After acceptance into a VPK program, parents must register at their assigned school by May 31st. Parents must bring the following documents:
      1. Certificate of Eligibility;
      2. Birth Certificate;
      3. Proof of Residency;
      4. State of Florida School Entry Health Exam Forms; and
      5. Florida Certification of Immunization.
        *Parents who do not complete the enrollment process and/or lack required documents by May 31st will lose their seat. Beginning June 1, students will be contacted in order from the wait list, if any. Once the wait list for any given school is exhausted, any remaining seats will be available for open enrollment.
  2. PREFERENCES IN THE ADMISSION PROCESS WILL BE GIVEN IN THE ORDER AS FOLLOWS:
    1. The children of District employees if their parent or legal guardian is employed at the requested District school and the student is otherwise eligible to attend the school;
    2. Admission priority will be given to eligible applicants with siblings already attending the requested school when the VPK applicant’s enrollment will be concurrent with that of the currently attending sibling(s) for at least the initial year of their admission. Sibling applications must meet all eligibility requirements and admittance will be dependent upon space availability. Siblings are defined as a brother, sister, half-brother, half-sister, stepbrother or stepsister living in the same household as the applicant;
    3. Military Dependent Preference for a transitioning student who has a parent on active duty. (Students meet eligibility requirements when applicable, follow application procedures, reside in Duval County and in the household of the military affiliated parent, and submit active duty orders and emergency data record.) Please refer to School Board Policy 5.23 for complete details on eligibility and documentation requirements; and
    4. The children of persons employed with District food service or custodial service providers, if the service provider’s employee is the parent or legal guardian of the child and the child is eligible to attend the school where the person is assigned.
    5. General Priority for students whose parent submits an application without any of the above priorities.
  3. ADMISSION PROCESS
    1. Each child who participates in VPK will have attained the age of 4 years on or before September 1 of the school year he or she is eligible for the Voluntary Prekindergarten Education Program during either that school year or the following school year. The child remains eligible until the child is admitted to kindergarten, or unless he or she will have attained the age of 6 years by February 1 of any school year, pursuant to Section 1003.21, F.S.
    2. The District shall select students by a computer lottery process, subject to the preference listed above. The District shall admit as many eligible students to the Pre-K program as can be accommodated within the program.
    3. As stated in Policy 5.46 VPK programs shall comply with all federal requirements, including but not limited to Title I, Part A.
  4. TRANSPORTATION
    1. With the exception of students with disabilities eligible for transportation services, parents will be responsible for transporting VPK students to and from school.

STATUTORY AUTHORITY: 1001.41, F.S.
 LAW(S) IMPLEMENTED: 1002.53, 1003.21,1011.69, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-10.041
HISTORY: ADOPTED: JULY 2, 2019
REVISION DATE(S): JANUARY 11, 2021
FORMERLY: NEW

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5.15 STUDENTS EXPERIENCING HOMELESSNESS

  1. Students experiencing homelessness who live within the District shall be admitted to school in the District and shall have access to a free public education. The District shall ensure that identified children and youth are provided with equal access to free, appropriate educational programs, including a public preschool education have the opportunity to meet the same challenging State of Florida academic standards, are not stigmatized nor segregated on the basis of their status as homeless. The Superintendent or designee shall develop procedures to implement this policy. The procedures shall include, without limitation, the following provisions:
    1. The District will:
      1. Designate an appropriate staff person able to carry out the duties described in the McKinney-Vento Act, as the District’s liaison for students experiencing homelessness;
      2. Ensure procedures are in place to identify students experiencing homelessness and to provide them with applicable services;
      3. Remove barriers to enrollment, regular attendance, and academic achievement of students experiencing homelessness within the district;
      4. Provide access to students experiencing homelessness to public preschool programs administered by the district;
      5. Provide appropriate credit for full or partial coursework satisfactorily completed by identified students while attending a prior school;
      6. Provide access for identified students to academic and extracurricular activities;
      7. Immediately enroll identified students to a qualified school;
      8. Coordinate district programs and collaborate with other school districts, community service providers and organizations, including:
        1. Local social services and other community agencies to provide support to students experiencing homelessness and their families;
        2. Other school districts regarding the identified student's related transportation, transfer of school records, and other inter-district activities, as needed;
        3. Housing authorities; and
        4. Exceptional student education (ESE).
      9. In accordance with section 1001.42(28), F.S., provide a certified unaccompanied homeless youth with a card that includes information on the rights and benefits for such youth, as well as the contact information for the district's liaison for homeless children and youths.
  2. The McKinney-Vento Act defines students experiencing homelessness as individuals who lack a fixed, regular and adequate nighttime residence and includes:
    1. One who has a primary nighttime residence that is:
      1. Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or similiar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals.
      2. Children and youth who have a primary nighttime residence that is a public or private place not designated for, or ordinarily used as a regular sleeping accommodation for human beings;
      3. Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similiar settings; and
      4. Migratory children who are living in circumstances as described above.
      5. "Unaccompanied Homeless Youth" means a child or youth whose living arrangement qualifies as homeless, and who is not in the physical custody of a parent or guardian.
    2. Any student who is determined to be a homeless child or youth for a preceding award year, unless the student informs the institution that the student's circumstances have changed or the institution has specific conflicting information about the student's independence.
  3. The District shall, according to the student’s best interest, and by parent, guardian, or unaccompanied youth request, continue the student’s education in the school of origin for the duration of homelessness, or enroll the student in a District school in the attendance zone in which the identified student is actually living on the same basis as other district students. In determining the best interest of the student, the District shall:
    1. To the extent feasible, keep a homeless student in the school of origin, unless doing so is contrary to the wishes of the student’s parent or guardian; and
    2. In the case of students experiencing homelessness or an unaccompanied student, ensure that the District Homeless Education Liaison helps in placement or enrollment decisions, considers the views of the student and provides notice of the right to appeal placement and enrollment decisions;
  4. The school of origin means the school that the student attended when permanently housed, or the school in which the student was last enrolled. The choice regarding placement shall be made regardless of whether the student lives with the homeless parents or guardian or has been temporarily placed elsewhere;
  5. When the district determines that a placement other than the school of origin is in the best interest, the district will provide the parent, guardian or unaccompanied youth with:
    1. A written explanation in a manner and form understandable to the parent, guardian or unaccompanied youth; and
    2. Information on the right to appeal the placement determination.
  6. Schools must immediately enroll students in homeless situations, even if they do not have required documents, such as school records, medical records, proof of residency, proof of guardianship (for unaccompanied youth), or uniform/dress code requirements, outstanding absences, payment for fees or fines or other documents. The term "enroll" is defined as attending classes and participating fully in school activities. Enrolling schools must obtain school records from the previous school, and students must be enrolled in school while records are obtained. The District Homeless Liaison shall assist identified students to provide documentation to meet state and local requirements for entry into school.
  7. A student experiencing homelessness who becomes permanently housed during the academic year, may remain at their school of origin (or the new neighborhood school) for the remainder of the academic year and continue to receive all McKinney-Vento Act benefits.
  8. Unaccompanied high school youth will receive counseling to prepare and improve their readiness for postsecondary education.
  9. If a dispute arises over school selection, enrollment, or any issue covered in this policy:
    1. The student shall be immediately admitted to the school of origin or assigned zone school as requested by the parent or guardian, pending resolution of the dispute;
    2. The parent or guardian of the student shall be provided with a written explanation of the District’s decision regarding school selection, including the rights of the parent, guardian or student to appeal the decision through the District’s enrollment dispute procedure and the Florida Department of Education’s appeal process;
    3. The student, parent or guardian shall be referred to the District Homeless Education Liaison, who shall ensure the resolution process is carried out as expeditiously as possible after receiving notice of the dispute; and
    4. In the case of an unaccompanied student, the District Homeless Education Liaison shall ensure that the student is immediately enrolled in school pending resolution of dispute.
  10. The District shall ensure at the request of the parent or guardian, or in the case of an unaccompanied youth, The District Homeless Education Liaison, that transportation will be provided for an identified student to the school of origin, to the extent feasible, as follows:
    1. If the student continues to live in the school district in which the school of origin is located; transportation will be provided;
    2. If the student moves to an area served by another district, though continuing his or her education at the school of origin, the district of origin and the district in which the student resides must agree upon a method to apportion responsibility and costs for transportation to the school of origin; and
    3. If the districts cannot agree upon such method, the responsibility and costs must be shared equally.
  11. Students experiencing homelessness shall be provided services and educational programs comparable to those offered to other students, including:
    1. Transportation services
    2. Meals through school nutrition programs
    3. Educational services for which the child meets the eligibility criteria such as Exceptional Student Education, to include gifted and talented education.
    4. Title I
    5. Head Start
    6. Limited English Proficiency programs
    7. Preschool programs
    8. Programs in Career and Technical Education (CTE)
  12. The District shall ensure that there is a District Homeless Education Liaison and his/her duties are communicated to district and school personnel and appropriate agencies and providers.

STATUTORY AUTHORITY: 1001.41, 1001.43, F.S.
LAWS IMPLEMENTED: THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT 42 U.S.C. §§11431 – 11436 TITLE I, PART A OF THE ELEMENTARY AND SECONDARY EDUCATION ACT, 20 U.S.C. §§6311 – 6315. THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, 20 U.S.C. §§1400 ET SEQ. APRIL 6, 2002 POLICY OF THE CHILD NUTRITION DIVISION OF THE U.S. DEPARTMENT OF AGRICULTURE JUNE 5, 1992 POLICY OF THE ADMINISTRATION FOR CHILDREN AND FAMILIES OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, 1001.42 (28), 1003.01 (12) and 1003.21, F.S.
STATE BOARD OF EDUCATION RULE(S): 6a-10.088, F.A.C.

HISTORY: ADOPTED: NOVEMBER 10, 2008
REVISION DATE(S): JANUARY 7, 2019; JULY 2, 2019; JANUARY 11, 2021; FEBRUARY 7, 2023; NOVEMBER 7, 2023.

FORMERLY: NEW

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5.20 STUDENT ASSIGNMENT

The School Board shall establish residential attendance zones for each school. All students, unless otherwise provided by School Board rule or authorized by the School Board’s order, shall attend the school serving the student’s residential attendance zone. A student’s residence is defined as the residence of his/her parent(s), legal guardian, legal custodian, or other such person as defined by any order issued by a court of competent jurisdiction of the State of Florida. Any student residing in the District shall be assigned to a school for attendance by the Superintendent or his/her designee. Proof of residence shall be required as outlined in section IV below.

  1. The only exceptions to this policy will be in the case of student transfers approved by the Superintendent (or his/her designee) in accordance with the Student Transfer Policy (5.22) or assignments to magnet programs in accordance with the Magnet Schools and Programs Policy (5.46), or transfers mandated by state or federal legislation.
  2. With the exception of the controlled open enrollment provisions set forth in the Student Transfer Policy (5.22) (the provisions of which shall control over anything to the contrary in this subsection), no student shall be permitted to cross district lines for the purpose of attending school in the District or outside the District, except under a written agreement as provided in Florida Statutes. Any such agreement between the School Board and any other Florida school district shall be duly recorded in the official School Board minutes. Such transfers shall be on a nondiscriminatory basis and shall not result in reducing desegregation in either school district or in reinforcing the dual school system. The assigned school for an out-of-district student shall be designated on the basis of space available, pursuant to section 1002.31, Florida Statutes, and Board Policy 5.22.
  3. As required by Florida Statute, any student(s), who has been attending a school that has been designated as low performing based on criteria established in section 1002.38, Florida Statutes, may choose to attend a higher performing school in the District or an adjoining district.
  4. Proof of residence is required in order to ensure that a student is enrolled in his/her properly assigned school. For registration and subsequent enrollment, the parent or legal guardian must: (a) complete the district’s student registration form, and (b) must submit two documents from the sources listed in Column A (both sources of information must match) to the student’s current school of enrollment, or alternatively must submit one document from the sources listed in Column A and two documents from the sources listed in Column B (all sources of information must match) to the student’s current school of enrollment. Other official identification sources may be approved by the District’s School Choice office in extraordinary circumstances.

    Proof of Residence
  5. Once a student is enrolled in a school, a student’s residential address must be updated or changed at the school.
  6. For good cause, such as but not limited to, cases where the principal/designee believes that a student’s enrollment information is inaccurate due to returned mail or reasonable suspicion that the student is not residing at the claimed address, the following procedures may be implemented at the discretion of the Principal/designee (based on sufficient resources):
    1. A call or a home visit may be made, or a letter may be sent to parent(s) who have conflicting address information, requesting that the parent verify and update enrollment information.
    2. The school staff may examine the Property Appraiser’s Website to determine the parent’s homestead (primary residence) location. The homestead address of the parent will be used as a factor to determine the student’s assigned school. A conflicting address indicates that further investigation is required.
  7. When school is in session and a parent cannot readily produce the required documentation, the school shall ensure the student is readily enrolled following the “Bona Fide Residence” process included below.
  8. BONA FIDE RESIDENCE PROCESS.
    1. When the parent cannot produce any acceptable proof of residency as stated above:
      1. The student shall be registered in school.
      2. Acceptable proof of residence must be provided within 15 school days.
      3. If, after 15 school days, acceptable proof of residence has not been provided, the student shall be immediately withdrawn by the school and must be registered and enrolled in the appropriate boundary school by the parent.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.

LAWS IMPLEMENTED: 1001.41, 1001.42, 1001.43, 1001.51, 1002.31, 1002.38, F.S.
HISTORY: ADOPTED: APRIL 1,1997
REVISION DATE(S): NOVEMBER 10, 2008; APRIL 3, 2012; DECEMBER 8, 2014; MAY 8, 2017; JANUARY 7, 2019; JANUARY 11, 2021

FORMERLY: JC

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5.22 STUDENT TRANSFER POLICY

  1. PURPOSE
    To establish the procedures for initiating and approving the transfer of students within the District and the transfer of students pursuant to controlled open enrollment.
  2. BACKGROUND
    Most students attend the school within the established attendance area in which they reside. However, in accordance with Florida Statutes, a request for astudent to attend a school outside such attendance area may be initiated by the parent/guardian/eligible student (18 years of age or older), or special services staff. Florida statutes provides for choice options for parents/legal guardians to enroll their child in any school in the State of Florida that has not reached capacity as determined by the school district (“capacity” is defined in subsection III.D.3 below). The District shall accept students pursuant to its controlled open enrollment process.
  3. PROCEDURES
    1. Identifying schools that will be adversely affected by transfer. Transfers to and from schools are reviewed for their impact on:
      1. Capacity/utilization; and
      2. Anticipated transfers mandated by law.
    2. Timetables and Deadlines
      1. Between January 1 and the last day of February of each school year, the District shall make applications for Special Transfer Option schools available online through the Focus Parent Portal. To be eligible for consideration for the lottery for fall admission to Special Transfer Option schools, parents of applicants must submit the online application no later than the last day of February. The application will be designed so that parents may choose one special transfer option school.
      2. A timetable for submitting and processing transfer requests mandated by law shall be established annually and communicated through various means including the District website.
      3. Transfer requests for the following school year will only be accepted during the designated time.
      4. Every effort will be made to notify parents and students by mid-April of the action taken on each transfer request for Grades K through 12.
      5. Transfer requests submitted after the deadline will be processed pursuant to controlled open enrollment unless there is deemed to be a bona fide emergency or event that could not have been foreseen prior to the deadline. A student must enroll in and attend his/her projected school while the transfer is being
        processed. For purposes of this subsection, “bona fide emergency or event” includes, but is not limited to, the following:
        1. Dependent children of military personnel whose move resulted from military orders;
        2. Children who are relocated due to foster care placements;
        3. Children who are relocated due to court-ordered custody change; and/or
        4. Children who move due to serious illness or death of custodial parent/guardian.
    3. Application and Admission Process for Transfers
      1. General
        1. Transfer Option: Other than those mandated by law, transfer options are generally approved to allow students to attend through the last grade level of a school.
        2. End of Year Transfer: Students whose families have moved within Duval County and who wish to continue attending their former attendance area school may request to remain at their former school. Such requests will be approved until the student’s completion of the highest grade level at the school.
        3. Boundary Change: In the event of a boundary change, students who will be in their last year of attendance (e.g., 5th, 8th or 12th grade, or as the case may be for the school) in the school which they have been attending may request to remain in that school for their last year. Such requests normally will be approved for that school year. Younger siblings of these students may apply for a transfer and such transfers will be considered on the same basis as other transfer requests considered in subsection III.C.1.a.
      2. Initiated by Parent/Guardian/Eligible Student (18 years of age or older)
        1. If a special transfer option is desired, a parent or a student who is age 18 or older may submit a Special Transfer Option application. Parents/Guardians will submit through the Focus Parent Portal. A student (18 years of age or older) will need to contact the School Choice office.
        2. The completed application must be submitted by the deadline.
        3. The transfer request will be processed through the s p e c i a l transfer option lottery consistent with the criteria in subsections III.A. and III.C.1.
        4. Transportation to the school to which a student has been transferred is the responsibility of the parent/guardian.
        5. The parent/guardian will receive electronic notification from the District’s School Choice Office of the lottery results. The sending and receiving schools will also be notified of the lottery results.
      3. Special Transfers, once approved, are in effect for the entire school year. Requests to return to attendance area schools are approved with consent of receiving and sending principal in accordance with subsection III.A.
      4. The preferences for on-time special transfer applications shall be implemented where applicable.
    4. Preferences
      1. The children of District employees if their parent or legal guardian is employed at the requested District school and the student is otherwise eligible to attend the school. Dedicated magnet schools shall not be considered the nearest appropriate school unless the parent is employed at the school, or the student attended the feeder pattern school the previous year. Students in this category shall not be exempt from any entrance criteria approved by the Board. Consideration may be given to the District’s school utilization plan.
      2. Military Dependent Preference for a transitioning student who has a parent on active duty. (Students meet eligibility requirements when applicable, follow application procedures, reside in Duval County and
        in the household of the military affiliated parent, and submit active duty orders and emergency data record.) Please refer to School Board Policy 5.23 for complete details.
      3. Sibling Preference for a student who has a brother or sister residing at the same address who is placed under the Special Transfer Option at the same school and is eligible to return next year. Siblings applying for the first time are not eligible to receive sibling preference. Siblings are defined as brother, sister, step-brother, step-sister, halfbrother, half-sister living at the same address.
      4. The children of persons employed with District food service or custodial service providers, if the service provider’s employee is the parent or legal guardian of the child and the child is eligible to attend the school where the person is assigned.
      5. General Priority for students whose parent submits an application without any of the above priorities.
    5. Process for transfers pursuant to controlled open enrollment:
      1. Purpose: Pursuant to section 1002.31, Florida Statutes, parents/legal guardians currently residing in any school district in the State of Florida may select schools from a list identified by the District as not having reached the established capacity based on published guidelines, subject to maximum class size requirements.
      2. Limited Scope: This subsection for controlled open enrollment shall not govern other student assignments or student transfers pursuant to Policy 5.20 (Student Assignment), Policy 5.23 (Transfer Policy for Dependent Children of Transitioning Military Personnel), Policy 5.45 (Acceleration Program Access), Policy 5.46 (Magnet Schools and Programs), noncontrolled open enrollment transfers set forth in this Policy, or special statutory transfer programs (including but not limited to Opportunity Scholarships, McKay Scholarships for Students with Disabilities, or Family Empowerment Scholarships); it being understood that transfers of students pursuant to these other Policies or special statutory transfer programs shall be governed by the applicable Policies or statutes. This Policy does not address controlled open enrollment for charter schools, because charter schools are required to comply with section 1002.31, Florida Statutes, as to those statutory provisions relating to charter
        schools. In addition to the foregoing, controlled open enrollment shall not be available to the following students:
        1. Pre-kindergarten (Pre-K) students; and
        2. Students subject to a current suspension or expulsion order.
      3. School Criteria and Advertisement on Website:
        1. The proposed receiving District school will be identified by the District because it has not achieved 100% capacity under the Florida Inventory of School Houses (FISH), as adjusted by programmatic changes. The District shall also adhere to federal desegregation requirements and maintain socio- economic, demographic, and racial balance.
        2. The list of receiving District schools shall be advertised on the District’s main website, and be updated as necessary to provide current information.
      4. Preferences. Section 1002.31, Florida Statutes, provides for the following preferences to all of the following, which will be implemented by the District in its controlled open enrollment process:
        1. Dependent children of active duty military personnel whose move resulted from military orders;
        2. Children who have been relocated due to a foster care placement in a different school zone;
        3. Children who move due to a court ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent; and/or
        4. Students residing in the District (Duval County, Florida).
      5. Student Assignment
        1. Student assignments made pursuant to this policy shall continue through the last grade available in that school (e.g., K-5, K-6, K-8, 6- 8, 9-12, or as the case may be for the school). If, however, a student assigned to a school fails to enroll in the school within three (3) days of the start of each school year, then the student will forfeit his/her assignment to that school. Students not assigned to a school are eligible to re- apply during the next school year.
        2. School transfers will not be effectuated after the established deadline, except pursuant to the controlled open enrollment process and Board Policy 5.46 (Magnet Schools and Programs).
        3. Students residing in Duval County shall not be displaced by an out of county student seeking enrollment in the District.
      6. Transportation to the school to which a student has been assigned by this policy is the responsibility of the parent/guardian.
      7. Extra-curricular activities. The District will follow the Florida High School Athletic Association policies and the provisions of section 1002.31, Florida Statutes.
      8. Voluntary return to assigned school or district:
        1. School serving assigned attendance zone – An assignment is the student’s assignment for the school year. Students who wish to exit a school after the school year is in progress may complete a “Request to Return to Attendance Area School” form which must be approved by the receiving and sending school. If the approval of both the receiving and sending principals is not obtained the form will be forwarded to the Regional Superintendent for final decision.
        2. Zoned district – Upon request a student will be permitted to return to the zoned district from which he/she came.
    6. The Superintendent, or his/her designee, has the authority to develop administrative procedures to implement the student transfer options set forth in this Policy.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1001.42, 1001.51, 1002.31, F.S.
HISTORY: ADOPTED: MAY 26, 1999
REVISION DATE(S): JULY 5, 2005; JULY 6, 2010; MAY 8, 2017; JANUARY 7, 2019; JULY 2, 2019; JANUARY 11, 2021.

FORMERLY: JCA

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5.23 TRANSFER POLICY FOR DEPENDENT CHILDREN OF TRANSITIONING MILITARY PERSONNEL

  1. BACKGROUND
    1. F.S. 1003.05, Assistance to Transitioning Students from Military Families, recognizes that school-aged dependents of military personnel often face numerous transitions during their formative years. The legislation provides those dependent children of active-duty military who otherwise meet the eligibility criteria for special academic programs shall be given first preference for admission to such programs even if the program is being offered through a public school other than the school to which the student would normally be assigned. Special programs include magnet schools, advanced studies programs, Advanced Placement, dual enrollment, Advanced International Cretificate of Education (AICE), and Intetrnational Baccalaureate (IB).
    2. Dependent children of active-duty military must be enrolled in such program if the student’s parent is transferred to the state during the school year. F.S. 1000.36, Interstate Compact on Educational Opportunity for Military Children, provides guidance to school districts on how to remove barriers to educational success imposed on dependent children of military families due to frequent moves and deployment of their parents.
  2. PURPOSE
    1. To establish procedures for placement of dependent children of transitioning military personnel in schools and programs.
  3. PROCEDURES
    1. Identifying students who are eligible for first preference for admission to special academic programs.
      1. Dependent children of military personnel mean school-aged children, enrolled in kindergarten through 12th grade, who reside in the household of the active-duty member; and,
      2. Dependent children of active-duty military where “active-duty” means the full-time duty status in the active uniformed service of the United States including National Guard and Reserve on active-duty orders; and,
      3. Dependent children of transitioning military where “transitioning” means a period of 12 months where a child’s school assignment is impacted by the transfer of the active-duty parent or guardian from one duty station to another; or,
      4. Dependent children, as described in section III.A.1, above, of deployed military where “deployed” means the period of one month before the deployment through six months after return to the home station; or,
      5. Dependent children, as described in section III.A.1. above, of members or veterans of uniformed services who are medically discharged or retired due to severe injury for a period of one year after medical discharge or retirement; or,
      6. Dependent children, as described in section III.A.1. above, of service members who die on active-duty or as a result of injuries sustained while on active duty for a period of one year after death; or,
      7. Dependent children, as described in section III.A.1. above, of active-duty uniformed military that will receive orders of separation where the family cannot relocate with the service member within one year; or,
      8. Dependent children, as described in section III.A.1. above, of active-duty uniformed military that will be “Retiring or have Final Transition” to Jacksonville after retirement within one year.
    2. Timetables and Deadlines
      1. Applications for the next school year received for transitioning military dependent students during a regular application window who meet the eligibility criteria will receive first preference.
      2. Applications for the next school year received for transitioning military depedent students after the posted deadline who meet the eligibility criteria will be processed in the lottery (as described in section III.B.1. above) if it has not yet occurred or will be placed immediately in programs.
      3. Applications received during the school year for transitioning military dependent students who meet the eligiblity criteria will be placed immediately in programs.
    3. Class Size
      The district will follow class size guidance, as detailed in the Class Size Amendment to the Florida Constitution, in the placement of eligible military dependent students. 
    4. Process for Transfers
      1. The following documentation must accompany the application:
        1. Documentation of military service
          1. Documentation of current orders showing active status; or,
          2. Documentation of orders to deploy; or,
          3. Documentation of discharge or retirement due to severe injury; or,
          4. Documentation of proof of death due to injuries sustained on active-duty; and
        2. Documentation of residency in Duval County for active-duty, deployed, or discharged due to severe injury while on active-duty or retired due to severe injury while on active-duty; and,
        3. Proof of dependency; and,
        4. A notarized statement to serve as proof of student residency in the household of the military personnel defined as active-duty, deployed, discharged due to severe injury while on active-duty or retired due to severe injury while on active-duty; or deceased due to injury on active-duty.
      2. Application(s)
        1. Parent must file the appropriate (i.e., magnet or special transfer option) application for Advanced Placement Capstone, Early College, AICE, or IB; and,
        2. Parent must file the Military Dependent Application with accompanying documents enumerated in Section III.D.1. above to the School Choice Military Liaison.
        3. Applications must be submitted online through the Focus Parent Portal for on-time applications. Late applications will be accepted pursuant to section III.B.2. above.
        4. The military dependent application can only be used for one transfer request per transition.
      3. Transportation to the school to which the student has been transferred is the responsibility of the parent or guardian unless such transportation is available through regular Duval County Student Transportation system.
    5. Transfers, once approved, are in effect for the entire school year. Students assigned to programs with Academic Performance Standards must meet the same criteria as non-military dependent students. Students wishing to transfer to the neighborhood school during the school year must follow the procedure “Request to Return to Attendance Area School.”

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1000.03, 1003.05, F.S.
HISTORY: ADOPTED: SEPTEMBER 4, 2012

REVISION DATE(S): MARCH 3, 2015; JANUARY 7, 2019; JANUARY 11, 2021; AUGUST 1, 2023.

FORMERLY: NEW

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5.24 STUDENT RIGHTS AND RESPONSIBILITIES

All students enrolled in school shall be subject to state laws, regulations of the State Boardof Education, the rules and policies of the School Board and the Codes of Student Conduct and shall be under the control and direction of the principal or designee during the time they are transported to or from school at public expense, during the time they are attending school or a school-sponsored activity, and during the time they are on School Board premises for school attendance and authorized activities.

  1. The principal or the principal’s designated representative shall see that students are properly supervised while at school and during any school-sponsored activity.
  2. The teacher or other members of the instructional staff shall assume such authority for the control and supervision of students as may be assigned by the principal or the principal’s designated representative and shall keep good order in the classroom or other places where in charge of students. Unprofessional conduct by
    the principal or a teacher in any matter relating to student discipline shall be referred to the immediate attention of the School Board by theSuperintendent.
    The school bus driver shall maintain order and good behavior on the part of all students being transported and shall follow all applicable Florida Statutes, School Board policies, and standard operating procedures while performing his/her responsibilities.
    1. No student may be suspended from school, from school bus transportation or from class except as provided by law and the policies of the Board.
    2. No student shall be suspended for unexcused absence, tardiness, or truancy unless otherwise provided in the Codes of Student Conduct.
    3. This policy shall not apply to students while they are being transported to or from school by private citizens.
  3. An administrative or instructional staff member shall be deemed guilty of neglect of duty when he/she fails to supervise students, as required by normal or assigned duty, by not reporting for duty or by leaving his/her post of duty without proper authorization. Any administrative or instructional staff member charged with such neglect of duty shall be subject to suspension from duty and termination of his/her contract as provided by Florida Statutes.
  4. The Codes of Student Conduct are hereby incorporated by reference and made a part of this policy. The Codes of Student Conduct and any revisions shall be approved and adopted by the School Board. The Codes of Student Conduct shall include, but are not limited to policies on Drug and Alcohol Prohibition, Zero-Tolerance Infractions, Student Attendance, and the Student Code of Appearance.
    The Codes of Student Conduct shall:
    1. Be developed in concert with stakeholder groups, and include but not be limited to teachers, school personnel, school administrators, students, and parent(s) or legal guardian of students.
    2. State grounds for disciplinary action procedures and the rights of students.
    3. Be distributed to all teachers, school personnel, students, and students' parent(s) or legal guardian at the beginning of each school year. Parents/guardians shall be required to acknowledge receipt of the Codes of Student Conduct each year, either digitally or on a physical document.
    4. Be filed in the Superintendent's Office.
  5. The Codes of Student Conduct shall be discussed with students, school advisory councils, and parent/teacher associations at the beginning of each school year.
  6. Any School Board decision which conflicts with provisions in the Codes of Student Conduct shall prevail until the codes are revised and subsequently adopted.
  7. The principals shall ensure that the Codes of Student Conduct are enforced fairly and that discipline is administered in accordance with Board Policy 10.10. In order to monitor fair enforcement of the codes and fair administration of discipline for all students, the Superintendent shall submit to the Board, by December 1 of each year, a report showing the following information for the previous school year:
    1. Data indicating the numbers of students charged with offenses of the codes and the discipline administered (including number of days suspended), disaggregated by race, ethnicity and gender by school and district-wide.
    2. Any recommended changes which the Superintendent feels are necessary to ensure fair and equitable enforcement of the codes and administration of discipline.
  8. The principal shall familiarize students with School Board policies and other school rules relating to student's rights, responsibilities, and conduct at the beginning of each school year and thereafter when deemed appropriate.
  9. A senior student who commits a class III or IV violation, described in the Codesof Student Conduct, shall forfeit the right to participate in graduation exercises and other senior-related activities until the student has successfully completed the suspension or assignment to an alternative program and is re-enrolled at the regularly assigned school. School Board policies and procedures regarding assignment to alternative centers shall apply to students who commit a class III or class IV violation.
  10. Each senior high school principal shall:
    1. Notify all potential graduates of this policy during an assembly or meeting during the first twenty (20) days of each semester.
    2. Mail a notice explaining this policy to the parents or legal guardian of each potential graduate at the address currently shown in the official school record. This mailing will take place during the first twenty (20) days of the school year and thereafter.
    3. Make this notification as part of the enrollment process for new potential graduates enrolling after the second semester notification to assure all potential graduates receive notification in as timely a manner as possible.
    4. Provide each senior student with written notification of this policy and require the student's signature as acknowledgment of receipt at the time of notification.
    5. Document to the Superintendent or his/her designee, the two student meeting dates and the dates of the parent notification letter.
  11. A student complaint procedure shall be developed by the Superintendent. The primary purpose of this Policy is to secure, at the lowest level possible, an equitable solution to a student complaint.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 120.57(1), 1001.43, 1003.04, 1003.21, 1003.31, 1003.32, 1006.07, 1006.08, 1006.09, 1006.10, 1006.13, 1012.28, 1012.33, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-3.0171
HISTORY: ADOPTED: APRIL 1997
REVISION DATE(S): NOVEMBER 10, 2008; DECEMBER 8, 2014; JANUARY 11, 2021; JULY 11, 2022; FEBRUARY 7, 2023.

FORMERLY: JI, JICC, JICDA, JLIA

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5.25 STUDENT CODE OF GENERAL APPEARANCE

Administrators and teachers of the Duval County Public Schools system shall enforce dress and grooming guidelines as outlined in the applicable Code of Student Conduct adopted by the School Board of Duval County, Florida.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1001.43, F.S.
ADOPTED: MAY 18, 1999
REVISION DATE(S): NOVEMBER 10, 2008; DECEMBER 8, 2014; AUGUST 2, 2022

FORMERLY: JICA

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5.26 STUDENT DETENTION, SEARCH, AND SEIZURE

  1. The Superintendent shall develop guidelines concerning procedures for detaining and searching students and confiscating items which are prohibited by Florida Statutes or School Board policies. Action taken against a student shall be pursuant to the Codes of Student Conduct.
  2. When a student is arrested or questioned by any law enforcement officer on school grounds, or during any school activity, the principal shall make every effort to ensure that the parents of the student are notified on the same day of the questioning or arrest.
  3. Each principal shall place a sign which is clearly visible to students and in a prominent location(s) within the school. The sign shall contain the following text:
    Notice to Students
    School authorities may search student lockers or other areas when reasonable suspicion that prohibited or illegally possessed substance or object is contained within the area pursuant to Florida Statutes.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1003.31, 1006.07, 1006.09(9), 1006.13, F.S.
ADOPTED: MAY 18, 1999
REVISION DATE(S): NOVEMBER 10, 2008; FEBRUARY 7, 2023.
FORMERLY: JIH

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5.27 STUDENT ASSEMBLY

  1. It is the primary mission of the Duval County School Board to provide a safe and orderly learning environment that also fosters academic achievement and student support. The School Board recognizes that each student has a right to freedom of expression, which includes the right to peacefully assemble. Students shall not be disturbed in the exercise of their constitutionally guaranteed right to assemble peaceably and to publicly and privately express ideas and opinions, provided that such exercise does not infringe on the rights of others and does not interfere with the operation of the schools.
  2. Students seeking to express their ideas and opinions through peaceful assembly/demonstration must obtain prior written confirmation of the school’s ability to accommodate the request. The Superintendent (or Designee) will develop a standardized procedure and form for requesting written confirmation. Written confirmation must be obtained through the principal (following consultation with the Superintendent or his/her designee) at least two (2) school days in advance of the event. A “school day” is defined as a day when schools are open for both students and school staff. The principal (or his/her designee) may place reasonable time, place, duration, and manner restrictions on the event.
  3. Any student who participates in an assembly/demonstration and creates a disturbance, interferes with the orderly operation of the school, or otherwise violates provisions of the Code of Student Conduct, either due to their participation in the event or their conduct at the event, shall be subject to the appropriate disciplinary action/intervention, as set forth in the Code of Student Conduct. Reports of discrimination, harassment, or bullying involving participating students or nonparticipating students and staff shall be addressed in accordance with Board Policy 10.10, Prohibiting Discrimination and Harassment, and Board Policy 10.20 Anti-Bullying Policy.
  4. In accordance with Board Policy 6.85, no employee shall use his/her position in any way to influence or attempt to influence students to support or oppose any candidate, party or issue. Such prohibition shall include, but not be limited to, any form of advocacy or opposition in a classroom or school setting or other school related student-teacher relationship.
  5. The principal is responsible for the administrative implementation of this policy, including consultation with the Superintendent (or his/her designee) regarding any time, place, duration, and manner restrictions. Principals shall ensure the information contained in this policy is provided to students annually during the Code of Student Conduct meetings at the beginning of each school year and the meeting for potential graduates as set forth in Board Policy 5.24. 

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.

LAW(S) IMPLEMENTED:1001.43, F.S.

HISTORY: NEW

ADOPTED: JULY 11, 2022

REVISION DATE(S): N/A

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5.28 ZERO TOLERANCE FOR SCHOOL RELATED CRIMES

  1. GENERAL
    It is essential that schools be safe and orderly to provide environments that foster learning and high academic achievement. This policy implements the State’s Zero Tolerance Policy as outlined in Florida Statutes. The school principal shall ensure that all school personnel are properly informed of their responsibilities regarding suspicious activity reporting, that appropriate delinquent acts and crimes are properly reported, and that actions taken in cases with special circumstances are properly documented.
  2. THREAT MANAGEMENT TEAM
    The District shall establish a threat management team (as set forth in the School Board’s Threat Management Teams Policy 8.21), who shall consult with law enforcement when a student exhibits a pattern of behavior, based upon previous acts or the severity of an act that would pose a threat to school safety.
  3. EXPULSION
    1. Students found to have committed one of the following offenses on school property, school sponsored transportation or during a school sponsored activity shall 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 be referred to the criminal justice or juvenile justice system:
      1. Bringing a firearm or weapon as defined in Chapter 790, Florida Statutes, 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 in Florida Statutes, Sections 790.162 and 790.163 respectively, involving school or school personnel’s property, school transportation or a school- sponsored activity.
      3. Hazing as defined in 1006.135, Florida Statutes.
    2. The School Board may assign the student to a disciplinary program for the purpose of continuing educational services during the period of expulsion.
    3. The Superintendent may consider the one (1) year expulsion requirement on a case by case basis and request the 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.
    4. If a student committing any of the offenses in this policy is a student with a disability, the School Board shall comply with the applicable State Board of Education rules.
    5. Upon being charged with the offense, the student shall be removed from the classroom immediately and placed in an alternative school setting or will receive work assignments at home, while pending disposition.
    6. The Duval County School Board will convene an expulsion hearing for students found to have committed a Zero Tolerance Offense, even if the student withdraws from school after committing the code of conduct offense.
    7. Any student found to have committed any offense in Section 784.081, Florida Statutes (Assault or Battery on Specified Officials or Employees), shall be expelled or placed in an alternative school setting or other program, as appropriate. Upon being charged with the offense, the student shall be removed from the classroom immediately and placed in an alternative school setting pending disposition.
  4. INTERAGENCY AGREEMENTS
    The District shall enter into agreement(s) with local law enforcement specifying procedures so that acts that pose a threat to school safety, whether committed by a student or adult, are reported to a law enforcement agency having jurisdiction. The agreement(s) must include the role of the school safety officers, if applicable, in handling reported incidents, circumstances in which school officials may handle incidents without filing a report with a law enforcement agency, and a procedure for ensuring that school personnel properly report appropriate delinquent acts and crimes.
  5. PETTY ACTS OF MISCONDUCT
    This zero tolerance policy does not require the reporting of petty acts of misconduct to a law enforcement agency. Petty acts of misconduct are considered acts that do not require consultation or reporting to law enforcement as set forth in the Duval County Public Schools’ Code(s) of Student Conduct.
  6. ACTS THAT POSE A THREAT TO SCHOOL SAFETY
    Those acts that pose a threat to school safety and require reporting to law enforcement, and acts that are required to be reported under the school environmental safety incident (SESIR) reporting pursuant to s. 1006.07(9) are set forth in the Duval County Public Schools’ Code(s) of Student Conduct, which are incorporated herein by reference. This provision shall apply to all students, personnel, and any other person who commits such acts on a school campus, on school-sponsored transportation, during off-campus school-sponsored activities, or off campus where the incident is accomplished through electronic means, if the incident substantially disrupts the educational process or orderly operation of a school. 
  7. VICTIMIZATION

The District shall minimize the victimization of students, staff, or volunteers, including taking all steps necessary to protect the victim of any violent act from any further victimization. In a disciplinary action, there is a rebuttable presumption that the actions of a student who intervened, using only the amount of force necessary, to stop a violent act against a student, staff, or volunteer were necessary to restore or maintain the safety of others.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 120.57(1), 775.08, 784.081, 790.162, 790.163, 1001.42, 1001.43, 1001.54, 1003.31, 1006.08, 1006.09, 1006.13, 1006.135, 1012.28, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-10.0404, 6A-6.03311
ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; JUNE 8, 2009; AUGUST 6, 2019; OCTOBER 5, 2021; FEBRUARY 7, 2023; JULY 10, 2023; AUGUST 1, 2023.

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5.29 SCHOOL ENVIRONMENTAL SAFETY REPORTING

  1. All incidents related to school safety and discipline shall be accurately and timely reported. Further, all disciplinary infractions that must be reported to the state in accordance with the School Environmental Safety Reporting (SESIR) system requirements, shall be reported both accurately and in a timely manner through the approved reporting tool provided by the School Board. The Superintendent or designee shall develop procedures to implement this policy.
  2. Incidents that must be reported to SESIR and are expected to include consultation with law enforcement are set forth in the Duval County Public Schools’ Codes of Student Conduct, which are incorporated herein by reference.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1006.07, F.S.
ADOPTED: AUGUST 6, 2019
REVISION DATE(S): N/A
FORMERLY: NEW

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5.30 EXPULSION OR SUSPENSION OF STUDENTS

  1. The procedures and grounds for the expulsion or suspension of a student shall be as specified in the Codes of Student Conduct. In accordance with these procedures, the School Board may expel a student from school, while a principal may suspend a student from school or class for a period not to exceed ten (10) days.
  2. District staff shall ensure that expulsions or suspensions are made fairly in accordance with Board Policy 10.10. In order to monitor fair use of expulsion and suspension for all students, the Superintendent shall submit to the Board, by December 1 of each year, a report showing the following information for the previous school year:
    1. Data indicating the numbers of students expelled, disaggregated by race, ethnicity and gender by school and district-wide.
    2. Data indicating the numbers of students suspended, disaggregated by race, ethnicity and gender by school and district-wide.
    3. Any recommended changes which the Superintendent feels are necessary to ensure fair and equitable use of expulsion.
  3. The principal shall proceed as prescribed in State Board of Education rules when a student is formally charged with a felony by a proper prosecuting attorney for an incident which allegedly occurred on property other than School Board property, or with a delinquent act which would be a felony if committed by an adult.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 120.57(1), 1001.43, 1001.54, 1003.31, 1006.07, 1006.08, 1006.09, 1012.28, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-1.0956, 6A-6.0331
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; JANUARY 11, 2021.

FORMERLY: JKD, JKE 

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5.34 GRANTING PERMISSION FOR STUDENTS TO LEAVE THE SCHOOL CAMPUS

  1. No student shall be permitted to leave the school grounds during the school day for school-related or personal business/activities without the principal/designee’s prior approval and/or written consent from the student’s parent(s) or legal guardian provided an acceptable reason is established.
  2. The principal/designee shall definitely establish the identity and authority of any person who requests the release of a student from school. If the person requesting the release of the student is a person other than the parent or guardian having custody of the child, the principal/designee shall not release the child without the verified authorization of the parent or guardian who has custody of the child.
  3. The provisions of this subsection shall not apply to a law enforcement officer, court official, Children and Family Services representative or proper school employee provided that the person’s identity and authority are clearly established.
  4. A married student may be released from school without parental consent.
  5. A minor student who is a single custodial parent may be released from school when an emergency condition exists involving parental care of his/her child.
  6. If a student is eighteen (18) years old or otherwise identified by statutes as being treated as having achieved majority status, and having verified this with school officials, they shall be considered as acting as their own guardian for purposes of this policy if they provide proper written documentation, if feasible, that their parents/guardians have been informed of their decision.
  7. Should a dispute arise between divorced or legally separated parents as to who should be able to check a student out of school and no court order exists which clarifies the matter, the school shall look to the custodial or primary residential parent for direction.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1001.54, 1003.31, 1006.07, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; DECEMBER 8, 2014.
FORMERLY: JILB

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5.38 STUDENT USE OF WIRELESS COMMUNICATION DEVICES

  1. Wireless communication devices may be brought to school with the following conditions as well as procedures outlined in the Codes of Student Conduct:
    1. Devices must be turned off during school hours unless approved for use by
      the classroom teacher for instructional purposes and learning activities.
    2. If emergency calls to or from students are necessary, they should be placed through the school office and not to or from the student’s wireless communication device.
    3. Devices should be kept secure to prevent theft (e.g., stored in locked vehicles, purses, backpacks, or lockers).
  2. Violation of these provisions shall result in the confiscation of the wireless communication devices and its return only to the parent or guardian.
  3. The use of wireless communication devices at school events shall not be limited by this policy; however, the principal shall have full authority to promulgate rules that implement all provisions herein.
  4. Any student who chooses to bring a wireless communication device to school shall do so at his or her own risk. School personnel shall not be responsible for loss or theft of the wireless communication devices.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1003.04, 1003.31, 1006.07, 1006.08, 1006.09, 1006.145, F.S.
ADOPTED: NOVEMBER 10, 2008
REVISION DATE(S): DECEMBER 8, 2014
FORMERLY: NEW

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5.40 STUDENT ATTENDANCE REQUIREMENTS


All children who have attained the age of 6 years or who will have attained the age of 6 years by February 1 of any school year or who are older than 6 years of age but who have not attained the age of 16 years, except as otherwise provided, are required to attend school regularly during the entire school term.

  1. Children who will have attained the age of 5 years on or before September 1 of the school year are eligible for admission to public kindergarten during that school year under rules adopted by the District School Board.
  2. A student who attains the age of 16 years during the school year is not subject to compulsory school attendance beyond the date upon which he or she attains the age if the student files a formal declaration of intent to terminate school enrollment with the District School Board. The declaration must acknowledge that terminating school enrollment is likely to reduce the student’s earning potential and eligibility for driving privilege. The form must be signed by the student and the parent. The School District must notify the student’s parent of receipt of the student’s declaration of intent to terminate school enrollment.
  3. Student who become or have become married and students who are pregnant shall not be prohibited from attending school. These students and students who are parents shall receive the same educational instruction or its equivalent as other students, but may voluntarily be assigned to a class or program suited to their
    special needs. Consistent with Florida Statute, pregnant or parenting teens may participate in a teenage parent program. Pregnant students may attend alternative education programs or adult education programs, provided that the curriculum allows the student to continue work toward a high school diploma.
  4. GENERAL PROVISIONS
    1. The principal/designee shall be responsible for the administration of all Florida Statutes, State Board of Education rules, and School Board policies pertaining to student attendance. The principal shall assure that all teachers and clerks are instructed in the proper recording of attendance and may periodically determine whether instructions are being followed.
    2. A student who is absent without the principal/designee’s approval shall have his/her parent(s) or legal guardian report such absences to the school center in the manner prescribed by the Codes of Student Conduct.
      1. The Student Progression Plan shall prescribe attendance requirements including, but not limited to, provisions for excused and unexcused absences, opportunities to make up work assignments, and reporting absences.
      2. Students shall be excused from any examination, study, or work assignments for observance of a religious holiday or because the tenets of his/her religion forbid secular activity at such time. The school
        principal/designee shall implement this provision on an individual basis pursuant to Florida Statutes and State Board of Education rules.
      3. No adverse or prejudicial effects shall result to any student who avails himself/herself to the provisions of this rule, including consideration for awards or participation in school-sponsored activities, etc., where attendance is a factor.
    3. Student absences must be tracked on a daily basis, within two (2) hours after the beginning of the school day and parents contacted as required by law.
    4. A person designated by the Superintendent or his/her designee shall investigate truancy problems.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 985.03, 1001.31, 1001.43, 1001.51, 1001.53, 1001.54, 1003.01, 1003.21, 1003.23, 1003.24, 1003.26, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-1.044, 6A-1.09514
ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; DECEMBER 8, 2014; MARCH 3, 2020.

FORMERLY: JE, JEA, JH, JHBB

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5.42 DISTRICT STUDENT ATTENDANCE PROVISIONS

  1. GENERAL PROVISIONS
    1. School attendance shall be the direct responsibility of parents and students. All students are expected to attend school regularly, receive total instructional time, and to be on time for classes to benefit from the instructional program and to develop habits of punctuality, self-discipline, and responsibility.
    2. Open communication between parents and schools is an integral component of the educational process. Schools and parents shall work together to encourage students to attend school regularly. Regular attendance in each forty-five (45) day grading period is necessary for a student to be successful in school. Missed work shall be made up for all absences, including suspension. Make-up work shall be allowed for each day of absence, when appropriate or as determined by the principal. Each student shall receive full
      credit for such work.
    3. Schools shall track excused and unexcused absences and contact the home in case of unexcused absences or absences for which the reason is unknown.
    4. If a student has at least five unexcused absences, or absences for which the reasons are unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are unknown, within a 90- calendar day period, the student’s primary teacher shall report the student’s attendance to the principal. The principal shall, unless there is clear evidence that the absences are not a pattern of non-attendance, refer the case to the school level Attendance Intervention Team (AIT) and schedule a meeting. The school level AIT consists of a principal/designee, teacher, parent, and other school staff as appropriate. If applicable, an attendance contract will be developed and signed by the participating parties.
    5. The following steps must occur if the Attendance contract is violated:
      1. Level 2 Intervention
        1. Parent invited to a Level 2 AIT meeting. Level 2 AIT members include school AIT, school social worker and/or truancy officer.
        2. An AIT contract is developed which includes a corrective action plan and the parent is required to sign the Florida Attendance Law Parent Notice.
      2. Level 3 Intervention
        1. If the second AIT contract is violated, the parent is invited to the District Attendance Review Committee meeting.
        2. Members of this committee may include Supervisor of School Social Workers, Social Worker for the School, school representative, parent, Juvenile Justice Representative, Department of Children and Families Investigations, Department of Children and Families (DCF) Economic Services, the Assistant State Attorney, and other community programs.
        3. The following recommendations or consequences may be initiated: parents may be required to sign a contract or referred to a program, the Learn Fare law may be initiated by DCF, the case may be forwarded to the State Attorney for prosecution, or the district may file a truancy petition pursuant to section 984.151, F.S., or other recommendations as determined by the District Attendance Review Committee. 
  2. DEFINITION
    A. For the purpose of meeting the state requirement of recording attendance in an attendance register, students shall be counted in attendance if they are actually present at school for any part of the instructional day or are away from school on a school day and are engaged in an educational activity which constitutes a part of the school-approved instructional program for students.
  3. STUDENT ABSENCES AND EXCUSES
    1. Students returning from an absence shall be required to present a written
      explanatory excuse from their parent(s) or legal guardian, stating the cause for
      the absence. The following causes are acceptable excuses for being absent:
      1. Illness or injury of the student;
      2. Participation in therapy services, to include, without limitation, the treatment of autism spectrum disorder provided by a licensed health care practitioner or behavior analyst certified pursuant to Florida Statutes.
      3. Serious illness or death in the student's family;
      4. Inclement weather;
      5. Official religious holiday of a religious sect or for religious instruction (see below);
      6. Insurmountable conditions as determined by the school principal or other designated district or school personnel; and,
      7. A bus failure or irregular schedule which causes the absence or tardiness of a student who is eligible for and regularly transported by the District.
    2. Students participating in educational activities which constitute a part of the school-approved instructional program shall be deemed in attendance.
    3. A student shall be excused from attendance on a particular day or days, or for part of a day, and shall be excused from any examination, study, or work assignment for observation of a religious holiday or because the tenets of his or her religion forbid secular activity at such time. Teachers shall give each student the opportunity to make up any examination, study, or work assignment which has been missed for religious purposes and the student shall receive full credit for such work.
    4. Each school shall develop a written incentive plan for encouraging and motivating students to attend school. Incentives may include certificates, awards, special events, or participation grades for exemplary attendance. Each elementary school shall submit its incentive plan for approval to the appropriate District Administrator.
    5. Schools shall establish procedures for early check outs that ensure students are treated consistently. A student should not be released within the final forty-five minutes of the school day unless the principal/designee determines it is an emergency or an excused event.
  4. ATTENDANCE AT AN ALTERNATIVE CENTER
    1. Students who are enrolled in an alternative center at the end of the school year shall return to the center for the following school year unless otherwise determined by the School Board Hearing Officer.
    2. Students who are assigned to an alternative center may attend summer school provided they meet criteria for attendance.
      1. Designated personnel in the centers shall notify the principal of the school where the student is regularly assigned of the student’s current enrollment and attendance in the center’s summer school program.
      2. In no case may a student attend summer school at his/her regularly assigned school.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 984.151, 1001.51,1003.01,1003.21,1003.23, 1003.24, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-1.044, 6A-1.09514, 6A-1.09515
ADOPTED: APRIL 1, 1997
REVISION DATE(S):  MAY 7, 2002; NOVEMBER 10, 2008; JUNE 8, 2009; JULY 2, 2019; MARCH 3, 2020; JANUARY 8, 2024.

FORMERLY: JE

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5.44 SCHOOL ATTENDANCE BOUNDARIES

  1. GOALS
    1. The Board’s primary responsibility is to provide the opportunity for each student in the District to obtain a high quality education and to encourage each student to work toward that objective to the maximum of his or her abilities. The Board is committed to the proposition that education is most effective in a diverse, integrated setting. Therefore, one purpose of this policy is to provide a framework for actions designed to provide diversity so that all students, regardless of their racial or ethnic background, socio- economic status or special needs, enjoy the benefits of diversity and integration.
    2. Another important goal of the Board is to ensure that all students and staff have experiences and develop greater skills and increased sensitivity in working with others of diverse backgrounds so that students may function well as members of this pluralistic, democratic society. The Board will continue to adhere to its commitment to diversity in student assignments and staffing in all schools as a unitary school system.
  2. THE VALUE OF AND NEED FOR DIVERSITY
    1. The student population in the District has become increasingly diverse. Diversity, for purposes of this policy, refers to all categories of students as defined in Board Policy 10.10. The Board believes that it must provide for the needs of all students and must do so in a setting that does not stereotype them or fail to educate them effectively. The education of all students is a great challenge, one to which the school system must respond with creativity, determination and carefully crafted educational strategies that meet every student’s need for success. The diverse and integrated settings in which this occurs must not be left to chance, but must be created and supported by the District.
    2. Diverse and integrated schooling has inherent educational value from the standpoint of education’s role in a democratic society. The survival and vigor of democracy depends upon an educated citizenry with shared concerns about the welfare of society, its members, and the democratic principles that govern it. Diversity brings different viewpoints and experiences to classroom discussions and thereby enhances the educational process. It also fosters racial and cultural understanding which is particularly important in a vastly diverse society such as ours. In addition, research shows that integrated education expands postsecondary opportunities for diverse populations. This District is fortunate to reflect the pluralism brought by the African American, Hispanic, Asian American, White, and other racial and ethnic communities that reside in the District. Some factors contributing to this diversity in the schools are under the control of the administration, and other, more powerful, factors are due to community demographic conditions. The school system’s diversity reflects the increasing pluralism of society and emphasizes the broader need for international awareness and cooperation. Diversity is thus a valuable resource for teaching students to become citizens
      in a multi- racial/multi-ethnic world. Therefore, a policy that supports all students having the opportunity for a quality education in a diverse and integrated setting will have a positive effect on our students who will live and work together in a culturally diverse society.
  3. ATTENDANCE BOUNDARIES
    1. Consistent with the goals and values discussed above, the Board will utilize a number of criteria when establishing attendance boundaries, including the following:
      1. Capacity
        The Board will utilize existing school facilities in an equitable manner that, to the extent possible and consistent with the educational needs of students, minimizes over-crowded facilities or under-utilization of facilities.
      2. Proximity
        The Board believes that there are educational and social benefits to students having the opportunity to attend school close to where they live, while allowing equitable opportunities for students to make choices of programs other than those provided in the schools closest to their home.
      3. Siblings
        The Board recognizes the educational and social benefits that result when siblings attend school together and thus will attempt to ensure that wherever possible, siblings have an opportunity to attend the same school.
      4. Diversity
        The Board is committed to ensuring that all students have the opportunity to attend school in a diverse learning environment to the extent practicable and consistent with the other criteria. In particular, to
        the extent practicable, the Board will attempt to draw attendance boundaries so that schools have diverse enrollments as defined by this policy.
      5. Stability
        Stability of a student’s educational program is important and beneficial to the student’s educational experience. Thus, it is the Board’s goal that attendance areas remain consistent as long as they serve the other goals.
    2. In designing and reviewing attendance boundaries, the Board will attempt to minimize the use of temporary portables.
  4. ANNUAL ENROLLMENT REVIEW
    1. The purpose of this review is to provide a uniform procedure for the District to utilize in attempting to operate as many schools as possible at a desired capacity. This will allow each school to function effectively without straining core facilities and other school resources and prevent schools from becoming overcrowded or underutilized so that, to the greatest extent practicable, the following are achieved:
      1. Unitary school system is maintained;
      2. Equitable educational opportunities are available for students throughout the District; and
      3. A mechanism for community input exists for making decisions regarding
        alternative enrollment options.
    2. Appropriate District staff shall review District planning data and enrollment of each school, utilize criteria listed below, and determine whether a given school can remain at status quo or whether alternative student enrollment options should be initiated for the next school year. For purposes of this policy, a school shall be considered at capacity when its enrollment is at 100% pursuant to the Florida Inventory of School Houses (FISH). The criteria utilized in making this determination may include, but not be limited to, the following:
      1. Welfare, health and safety of students and staff;
      2. Impact on the overall facility;
      3. Impact on support services;
      4. Class size;
      5. Acreage of site;
      6. Schedule for planned future renovations or replacement of facility;
      7. Transportation costs;
      8. Percentage of students transported and transportation burden on different racial, ethnic and age groups;
      9. Current classroom utilization and programs such as Head Start, magnet programs, kindergarten and pre-kindergarten, programs for LEP students, and exceptional education classes at the school;
      10. Racial/ethnic impact of changes on each school and the District;
      11. Feeder patterns;
      12. Anticipated growth in the community;
      13. Space for portable classrooms;
      14. Potential of the facility for alternative use or declaration as surplus property;
      15. Number of transfers into the school from outside the attendance area;
      16. Financial considerations including operating costs;
      17. Input from the school’s SAC and other community groups; and
      18. Socio-economic factors as determined by Free and Reduced Meal participation.
  5. IDENTIFICATION OF NEED FOR NEW BOUNDARIES AND PUBLIC INPUT PROCESS
    1. Based upon planning data and enrollment review, the Superintendent shall submit a report to the School Board by July 31 of each year, which shall inform the Board of the alternative student enrollment options to be considered for the school year commencing in the next fiscal year. The Superintendent should recommend which of the following options should be initiated for school year commencing in the next fiscal year:
      1. Limiting transfers, which may include magnet students, in or out of the school consistent with the Board’s Student Transfer Policy (set forth in Policy 5.22);
      2. Moving programs in or out of the school;
      3. Moving portables on or off the campus;
      4. Initiating boundary changes consistent with the attendance boundary policy;
      5. Capping enrollment;
      6. Initiating a modified calendar;
      7. School consolidation or closing.
    2. Where the Superintendent has identified the need for a boundary change,the Superintendent shall utilize the Academic and Community Excellence (ACE) Planning Process (“ACE”) set forth in Board Policy 8.51. The ACE process should occur in the August through September time-period for proposed initiatives for the next school year. The Superintendent’s designees will initiate, organize and implement the ACE process for subsections 1, 2, and 3 below:
      1. The school(s) principal(s), in consultation with the respective School Advisory Committee (“SAC”) Chair(s) of the school(s), potentially affected by the boundary changes will select the members of the “working groups” as defined in Board Policy 8.51. Membership of these working groups shall also reflect the racial, ethnic and socio- economic diversity of the area.
      2. The working group meetings will be implemented according to the general criteria set forth in Board Policy 8.51. At the outset of the working group meetings, District staff will provide guidelines, criteria and/or priorities outlined within this policy for the working group’s consideration in developing scenarios. Based on the scenarios to be developed by the working groups, District staff will develop and present materials for the working groups to consider. It is expected that the working groups may suggest modifications and that District staff will provide data needed to develop new scenarios when needed.
      3. As set forth in Board Policy 8.51, the working group’s report will be forwarded to the Superintendent’s designee, for presentation to a larger community meeting.
      4. After the community meeting, the Superintendent shall submit his/her recommendation to the Board for any boundary change(s).
  6. ENROLLMENT REPORT
    1. By October 1 of each school year, the Superintendent shall submit a report to the Board regarding the following:
      1. The enrollment of each school;
      2. The capacity of each school;
      3. The diversity at each school by race/ethnicity; the enrollment of students with limited English proficiency; socioeconomic status as determined by the percentage of students qualifying for free and reduced price lunch and Florida Standards Assessment Achievement levels; and
      4. The mobility of each school. This report shall also identify any schools which may need a boundary change pursuant to Section V of this policy.
    2. This report should be checked to ensure the most current enrollment trends support any proposed alternative enrollment options whenever possible.
  7. RECOMMENDATIONS
    The Superintendent shall advertise public hearing notices for any proposed boundary changes pursuant to the timing set forth in Board Policy 2.25, with the exception of boundary changes made pursuant to Board Policy 8.53. The public hearing(s) shall be held no later than the month of November, and the Board shall take action on any proposed boundary change(s) no later than the month of December.
  8. PERIODIC REVIEW

The Board will review this policy every two (2) years.


STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1001.41, 1001.42, 1001.51, F.S.
ADOPTED: MAY 26, 1999
REVISION DATE(S): NOVEMBER 10, 2008; JULY 7, 2015; MAY 8, 2017; JANUARY 7, 2019; JANUARY 11, 2021; NOVEMBER 7, 2023.

FORMERLY: JCAA

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5.45 ACCELERATION PROGRAM ACCESS


The Duval County School Board is committed to equality and educational adequacy for all students and creating an academic culture for each child to manifest his or her limitless potential with academic performance that allows him or her to fully participate in a knowledge based global society. Trends of the school district reveal that the overwhelmingly majority of students will attend school in their neighborhood or region. To that end, the Duval County School Board is committed to providing access to high quality acceleration programs. All high schools shall offer opportunities for students to earn college credit. Eligible students may apply to one of the four following acceleration programs.

  1. Eligible students may apply to one of the four acceleration programs.
    1. INTERNATIONAL BACCALAUREATE
      International Baccalaureate (IB) Diploma Program is a rigorous, internationally recognized pre-university course of study for highly motivated students. The program’s challenging curriculum is designed to promote intellectual and personal development. The emphasis of analysis and application of skills prepares IB students for success in higher education and employment. The aim of the program is to develop internationally minded citizens.
    2. ADVANCED CERTIFICATE OF INTERNATIONAL EDUCATION
      The Advanced International Certificate Education (AICE) program is an internationally recognized, rigorous, pre-university curriculum and examination system for highly motivated, academically oriented high school students. Sponsored by the University of Cambridge International Examinations, AICE offers a flexible, broad-based, two-year curriculum for upperclassmen. The AICE program encourages and develops the skills of independent research and investigation, the use of initiative and creativity, and the application of skills and knowledge.
    3. EARLY COLLEGE PROGRAM
      Early College blends high school and college courses to enable students to earn a high school diploma and an Associate degree with no financial cost. In grades 11 and 12, Early College students are enrolled full-time at Florida State College at Jacksonville. The Early College Program provides students greater access to higher education and promotes student achievement at the high school and postsecondary levels.
    4. ADVANCED PLACEMENT CAPSTONE
      The Advanced Placement (AP) Capstone program is governed by the College Board, and provided an innovative diploma program providing students with an opportunity to engage in rigorous scholarly practice of the core academic skills necessary for successful college completion. Students who earn a score of three (3) or higher on the AP Seminar and AP Research exams and on four (4) additional AP exams will receive the AP Capstone Diploma from the College Board. Students who enroll in the Advanced Placement courses are required to take the AP examination.
  2. Each high school offering IB, AICE, Early College and/or AP Capstone, shall offer additional curricular options that allow all students the ability to earn college credit.
  3. The steps below will guide schools in reviewing and making determinations about programs. This process includes explicit direction on the composition of the HSAP review team, evaluation criteria, and timeline.
  4. Every five (5) years, schools offering one of the four programs shall review the acceleration program to determine if the program continues to meet the needs of the school and community. A principal shall have the authority to conduct a program review at any time during the five-year period. A program review is defined as discontinuing an acceleration program and replacing with a new program, adding a new acceleration program, or discontinuing an acceleration program when more than one acceleration program exists. The program review shall be facilitated through the guidance of a HSAP review team. The HSAP review team shall begin meeting no later than April 1st of the year preceding the requested change.
  5. The HSAP review team shall include the following members: Superintendent’s designee, school principal, SAC chairperson, PTA president, feeder school principal, teacher from each academic discipline, teacher representing electives, school counselor, and one (1) student per grade level. This HSAP review team shall include the region superintendent or executive director, representative from School Choice and representative from High School Acceleration Programs. The principal has the authority to appoint one additional member to the HSAP review team. An advisor for the school’s current acceleration program or an advisor for a new acceleration program shall be invited to participate in this HSAP review team, but shall be a non-voting member.
  6. The HSAP review team shall review:
    1. fiscal solvency;
    2. capacity of teachers;
    3. accessibility to program training;
    4. summative examination data;
    5. applicant data; and
    6. stakeholder survey data.
  7. After the review, if the HSAP review team determines that no change is necessary, the school principal shall notify the Superintendent’s designee no later than June1st.
  8. After the review, if the HSAP review team determines, with a vote of 85%, that the current program is not meeting the needs of the school and should be replaced with a new program or a new program shall be added in addition to an existing program, the principal shall follow the steps below to consider a new acceleration program:
    1. host community meetings (i.e., at least one (1) at the high school and one (1) at feeder middle school);
    2. share a presentation at meetings which include acceleration options, cost analysis for potential program(s), teacher capacity, and sustainability plan;
    3. survey students and parents;
    4. convene another meeting for HSAP review team to make final recommendation.
  9. Schools determining the need to change acceleration programs must utilize internal funds for program cost, except for costs associated with dual enrollment tuition, fees, and textbooks pursuant to sections 1009.25 and 1007.271, F.S. Each school must also develop a phase-out plan.The phase-out plan must be approved by the Division of Schools. Principals must submit program change forms which include a sustainability plan, fiscal plan, list of teachers associated with the program and teachers’ credentials, professional development plan, student survey information, and committee votes to the Division of Schools. Principals shall have the ability to have no more than two acceleration programs if sustainability for the existing program can be proven. Final recommendation must be submitted to the Superintendent’s designee by June 1st. The Superintendent shall notify the School Board of any acceleration program changes on or before June 15th.
  10. Eligible students and their parents will be notified of their opportunity to apply to an acceleration program. Specific eligibility requirements and program overview will be provided to each student and his/her parents. Students may apply to the acceleration program at their attendance area school or may apply to programs within the district. Seats are open to students outside of the school’s attendance boundaries on a space available basis. Transportation for students attending an acceleration program at a school other than the attendance area school shall be the responsibility of the student’s parent. A school’s acceleration program enrollment is based upon program seat availability.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1007.271, 1009.25, F.S.
ADOPTED: NOVEMBER 9, 2010
REVISION DATE(S): MARCH 7, 2017; JANUARY 7, 2019; JANUARY 11, 2021; MAY 2, 2023.

FORMERLY: NEW

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5.46 MAGNET SCHOOLS AND PROGRAMS

  1. PURPOSE
    The District is committed to providing quality education opportunities for all students regardless of background characteristics by providing an educational environment that enhances their educational success. The District also is committed to providing diverse settings for education that promote understanding of diversity, tolerance and fair play, so that the tenets of a democratic society are reinforced by what students experience in schools. From the time the District was declared unitary in its desegregation lawsuit, the District has continued to implement magnet schools and programs as one strategy to continue providing quality educational opportunities for students in diverse educational settings.
    1. In the Duval County School District, magnet schools have four goals:
      1. To promote or maintain diversity;
      2. To provide a unique or specialized curriculum or approach;
      3. To improve achievement for all students participating in the magnet school; and,
      4. To stabilize student assignment.
    2. Magnet schools and programs encourage academic excellence in basic areas of study as well as intensive educational experiences in areas in which students demonstrate unusual talent, interest, and/or aspiration. In addition, magnet schools and programs offer students a chance to acquire or develop the skills, knowledge, and understanding to pursue post-secondary aspiration in highly specialized areas of interest. Magnet schools are to recruit students whose unique language needs or abilities, socio-economic circumstances,
      race, ethnicity, gender, and exceptional education needs are underrepresented in the magnet school or program.
    3. Magnet schools and programs are classified under a broad definition of school choice in which an application/random selection or audition process is used to select and admit students. Application to magnet schools and programs is voluntary and no other transfer provisions, other than the admission processes in this policy, may be used to access magnet schools and programs.
  2. DEFINITION AND ROLE DIVERSITY
    1. In determining whether a magnet school has, or will meet, the goal of diversity, the District will examine whether the school or program has admitted students of different race, ethnicity and gender, those with various socio-economic backgrounds; those living in different geographic areas of the District, those who are considered at-risk; those who speak English as a second language and those with special needs, including Exceptional Education students.
  3. TYPE OF MAGNET PROGRAMS
    1. Magnet Program (School within a School): Some neighborhood schools have a magnet program that operates as a “school within a school.” This means that there is a specialized program housed at the school that serves a specific group of neighborhood students and magnet students but not the entire student population of the school. These are primarily high school programs. Some “school within a school” magnet programs are also career academies.
    2. Magnet Program (Schoolwide): A magnet school offers unique instructional programs or settings to all students attending the school and is categorized as follows:
      1. Magnet Schools with an Attendance Boundary – Whole School Magnet – Some neighborhood schools that offer a magnet program are “whole school magnets.” This means that all students who attend the school participate in and benefit from the magnet program regardless of being a student who lives in the attendance area or a student who comes to the school from outside the attendance area on a magnet assignment. These are primarily elementary and middle schools.
      2. Magnet Schools without an Attendance Boundary – Dedicated Magnet School – A dedicated magnet school does not have a specified attendance boundary. All students apply to attend and are accepted through a lottery that operates on a selection system based on choice and priority. All students participate in the magnet program(s).
  4. RECRUITMENT
    1. It is the goal of the District to provide all students the opportunity to have access to magnet school programs. To carry out this goal, the Superintendent shall require that strategies are developed by each magnet school. The strategies shall be appropriate to recruit a designated target population to the school.
  5. ACADEMIC AND RELATED ELIGIBILITY CRITERIA
    1. At the elementary level, no school shall use academic or related criteria for determining whether a student is eligible for a magnet school or program. Elementary schools may request as a condition of admission that parents sign contracts to participate in school activities or mandating students to wear uniforms, where such requirements are part of the magnet theme. Prior tothe beginning of recruitment for the next school year, the principal shall submit such requirements to the Superintendent or his/her designee. The Superintendent shall review these requirements to determine that they are nondiscriminatory and do not impede equal access to all students.
    2. At the secondary level, the Superintendent may allow a school to use academic or other related criteria for determining students who are eligible for a magnet school or program. Secondary schools may request as a condition of admission that parents sign contracts to participate in school activities or may require students to wear uniforms, where such requirements are part of the magnet theme. Prior to the beginning of recruitment for each school year, the principal shall submit any proposed criteria for the next school year to the Superintendent or his/her designee. Prior to the beginning of recruitment for the next school year, the Superintendent shall review any proposed criteria to determine that they are educationally related to the specialized curriculum or instructional strategy and are non-discriminatory in determining students who are eligible for the magnet school or program. In addition, principals at magnet schools or programs that use selection committees to determine eligible students shall provide that the committees are diverse.
  6. APPLICATION AND ADMISSION PROCESS
    Between January 1 and February 28/29 of each school year, the District shall make applications for magnet schools and programs available online through the Focus Parent Portal. To be eligible for consideration for the lottery for fall admission to all magnet schools or programs (including Pre-Kindergarten magnet programs), parents or applicants must submit the online application no later than 11:59 PM on the last day of February. The application will be designed to allow parents to choose, in order of preference, up to two magnet schools or programs.
    1. In all magnet schools and programs except the Performing Arts High School, IB Diploma Programme, AICE, AP Capstone, and Early College, the District shall select students by a computer lottery process subject to the preferences listed below. The District shall admit as many eligible students to the school or program as can be accommodated within the District’s diversity guidelines.
    2. In all schools except those in Elementary Zone VII, the diversity guidelines shall be defined as a student population which is plus or minus twenty percent (20%) from the District’s student racial composition. In Elementary Zone VII, the diversity guidelines shall be defined as plus or minus ten percent (10%) from the Zone VII student racial composition.
    3. Beginning with the 2018-2019 school year, enrollment procedures for PreKindergarten programs shall comply with federal requirements (including, but not limited to, Title I).
  7. PREFERENCES
    1. The preferences for on-time applications shall be implemented where applicable (K-12 magnet schools/programs only) as follows:
      1. Neighborhood Preference for students who live in the current attendance area of a non-dedicated magnet school;
      2. Former Attendance Area Preference for students who live in the former attendance area of a dedicated magnet school;
      3. Military Dependent Preference for a transitioning student who has a parent on active duty. (Students meet eligibility requirements when applicable, follow application procedures, reside in Duval County and in the household of the military affiliated parent, and submit active-duty orders and emergency data record.) Please refer to Board Policy 5.23 for complete details;
      4. Sibling Preference for a student who has a sibling residing at the same address who attends a magnet program at the same school and is eligible to return next year. Siblings applying for the first time are not eligible to receive sibling preference. Siblings are defined as brother, sister, stepbrother, step-sister, half-brother, half-sister living at the same address;
      5. Socio-Economic Preference for elementary students whose:
        1. Neighborhood school is a Title 1 School and who apply to attend a magnet program in a non-Title 1 School
        2. Neighborhood school is a non-Title 1 School and who apply to attend a magnet program in a Title 1 School
      6. Principal’s Signature Preference for students whose parents attend a tour or open house at the magnet school they are applying for and have the principal’s signature indicating attendance. Schools will enter tour/open house attendance electronically through the District Student Information System.
      7. Program Continuity with Sibling Preference for magnet students who are in a program that continues at the next school level and who also have a sibling attending the school who is eligible to return the next school year. Siblings are defined as brother, sister, step-brother, step-sister, halfbrother, half-sister living at the same address;
      8. Program Continuity Preference for magnet students who are in a program that continues at the next school level;
      9. Tiered Continuity Preference for magnet students who want to switch themes when entering middle school or for 8th graders in the Montessori/Spanish Montessori magnet program at John E. Ford K-8 to
        9th grade at Stanton College Preparatory, Paxon School for Advanced Studies, Darnell-Cookman School of the Medical Arts and Samuel Wolfson High School;
      10. High Audition Preference for students seeking advanced placement in 6th grade at LaVilla or Fort Caroline MS or for all 7th and 8th graders applying for LaVilla or Fort Caroline MS. Students who audition must still submit an online application.
      11. Low Audition Preference for students seeking advanced placement in 6th grade at LaVilla or Fort Caroline MS or for all 7th and 8th graders applying for LaVilla or Fort Caroline MS. Students who audition must still submit an online application.
      12. No Principal’s Signature Preference for students who submit an application but have no signature indicating attendance at a tour or open house.
    2. Applications received from students residing outside of Duval County are not processed during the on-time lottery. Placement of these students will be postlottery at schools/programs where space is available. Out of county applications are processed based on the date/time the application was received, pursuant to controlled open enrollment.
    3. The goal of the District’s magnet schools and programs is to improve diversity at the school where the magnet is implemented and not to negatively affect the diversity of the sending and receiving schools. Accordingly, where there are more applications than seats available in a magnet school or program, the
      District shall use the random selection process to select students of all races and ethnicities, of both genders, and from as wide a geographic area to which transportation can be provided in keeping with the preference system described above. Students who apply and are admitted to a magnet school in a zone to which transportation is not provided are responsible for their own transportation.
  8. WAITING LIST
    1. Students accepted to one of their magnet choices will not be placed on a waiting list for their other choice. Those applicants who cannot be given any of their choices will be placed on a waiting list and will be assigned later if space becomes available. Students who decline a wait list choice offered them are removed from that wait list. Students who accept any wait list choice offered them are removed from all other wait lists.
    2. At the conclusion of the first semester, students will be contacted from their respective waiting lists to fill any available seats for the second semester.
    3. Students shall be contacted from the waiting list in the order they appear on the list. Students entering the District after the application deadline that desire entrance into a magnet program, shall be added to the end of the wait list upon enrollment, provided they meet all eligibility requirements. Schools with no wait
      list will accept students new to the District through the controlled open enrollment process.
  9. CONTINUATION AND EXIT CRITERIA
    1. Once a student is admitted to a magnet school or program, the District shall allow the student to remain in that school or program until the student reaches the highest grade level offered by that school.
    2. The Superintendent shall submit recommendations to the Board for its approval concerning entrance and exit criteria for all special programs.
    3. A magnet assignment is the student’s assignment for the school year. Students who wish to exit a magnet school or program after the school year is in progress may complete a “Request to Return to Attendance Area School” form which must be approved by the receiving and sending school. If the approval of both the receiving and sending principals is not obtained, the form will be forwarded to the Regional Superintendent for final decision.
  10. PROCESS FOR THE CREATION OF NEW MAGNET SCHOOLS OR PROGRAM REPLICATION OF A MAGNET THEME AT A NEW SITE AND MOVEMENT OF A MAGNET PROGRAM FROM ONE SCHOOL TO ANOTHER
    1. By June 15th of each year, the Superintendent shall determine whether there is a need to identify any potential sites for new magnet schools or programs, for replication of existing magnet themes at new sites, or for moving a magnet program from one school to another. In making this determination, the Superintendent shall utilize the goals for magnet schools that are outlined in section I. of these guidelines.
    2. In addition, the Superintendent shall use a number of other considerations. These shall include, but not be limited to:
      1. The geographic location of a potential site in order to ensure equitable access of magnet programs for all students, including reasonable transportation time for all students;
      2. Any demographic changes in an attendance zone, such as changes in student-age population or decreasing diversity;
      3. The suitability and condition of the potential facility for a magnet schoolor program;
      4. Board Policies and Goals;
      5. The impact that implementing a magnet school or program at a potential site might have on displacing students currently assigned to the school and on the enrollment and diversity at the surrounding schools;
      6. The potential for attracting a diverse enrollment to a proposed site;
      7. The capacity and utilization of a potential site; and
      8. Budgetary implications
    3. In addition to the above factors, in determining whether to replicate a magnet theme at another school in the District, the Superintendent shall consider whether there is sufficient demand for that theme by reviewing any waiting list for the theme at an existing school, including the number and diversity of the students on the list.
      1. When the Superintendent has identified a potential site or sites, he or she shall recommend a proposed list of possible themes for each site. The Superintendent shall base this recommendation on:
        1. Whether the magnet theme will draw a diverse enrollment to that site;
        2. Whether the magnet theme will improve academic achievement;
        3. Whether the magnet theme is aligned with the District’s course of study; and
        4. Whether the magnet theme should be implemented K-12.
      2. Once the potential sites and themes are identified, the Superintendent shall direct the School Choice Office and principals at the select schools to establish a working group to follow the Academic and Community Excellence (ACE) Planning Process outlined in Board Policy 8.51 and develop a proposal for implementing the most appropriate magnet program at the respective school(s). Notwithstanding the provisions of Board Policy 8.51, the working group for purposes of this policy shall consist of School Principal, School Advisory Council Chair, Shared Decision-Making Chair, Parent/Teacher Association President, School Union Representative, Community Leader, Magnet Parent Representative (only required for current magnets), and Regional Superintendent or designee. The working group’s proposal shall include:
        1. Which of the four magnet goals the proposed magnet theme supports;
        2. Recruitment strategies for attracting a diverse enrollment;
        3. Instructional strategies for improving academic achievement;
        4. Alignment of the magnet theme with the District’s course of study;
        5. How the condition of the current facility supports the magnet program;
        6. Access of students in the District to the magnet school or program;
        7. Budgetary requirements for the magnet school program, including an explanation of why each budget item is reasonable and necessary for the magnet theme or program; and
        8. How the magnet theme or program will be monitored and evaluated.
      3. Working groups shall submit their proposals to the Superintendent or his/her designee by September 1st for magnet schools or programs to begin the planning phase. The Superintendent shall review the proposals using the goals and criteria specified in the guidelines. Based on the review, the Superintendent shall recommend to the School Board at its November meeting which, if any, of the proposals will be implemented commencing in the next fiscal school year.
  11. PROCESS FOR DISCONTINUING EXISTING MAGNET PROGRAMS
    1. No later than June 15th of each school year, the Assistant Superintendent of School Choice may submit to the Superintendent any recommendations to discontinue a magnet school or program. A recommendation to discontinue a magnet school or program shall be based on the following criteria:
      1. The school has not met the diversity guidelines set forth in VI.B. of this policy;
      2. The magnet program has not met or made progress toward the four goals
        specified in Section I;
      3. The magnet program is not contributing to the stabilization of student assignment (i.e., the magnet program is causing the school to exceed its capacity);
      4. The magnet program/theme is no longer supported by the school or community; or
      5. The magnet program is not able to be effectively implemented.
    2. By June 15th of each year, based on the recommendations above, the Superintendent shall direct the School Choice Office and principals at the select schools to establish a working group to follow the ACE Planning Process outlined in Board Policy 8.51 and develop a proposal for the discontinuation of the magnet program at their respective school(s). Notwithstanding the provisions of Board Policy, 8.51, the working group for purposes of this policy shall consist of School Principal, School Advisory Council Chair, Shared Decision-Making Chair, Parent/Teacher Association President, School Union Representative, Community Leader, Magnet Parent Representative (only required for current magnets) and Regional Superintendent or designee. The working group’s proposal shall include:
      1. The plan for phasing out the current magnet program to include, but not limited to, the provisions for current magnet students; and
      2. The noticing of those parents with children participating in the magnet program; or
      3. The plan for achieving the four magnet goals should a request be made by the working group to delay the discontinuation of the magnet program for one additional school year.
    3. Working groups shall submit their proposal to the Superintendent or his/her designee by September 1st for magnet programs to be discontinued. The Superintendent shall review each proposal using the goals and criteria specified in the guidelines. Based on the review, the Superintendent shall notify the Board of magnet programs recommended to be discontinued for the school year commencing in the next fiscal year no later than November 1st.
  12. BUDGET AND FUNDING IMPLICATIONS
    1. For new magnet schools or programs including programs the Superintendent determines should be replicated, the District shall, to the extent that budgetary considerations permit, provide necessary and reasonable funding so these schools and programs can achieve the four goals outlined in these guidelines. The funding may include funds for necessary planning and renovation of the school so the theme can be effectively implemented.
    2. Generally, it is expected that the magnet school or program will be fully implemented within three years after the program is first implemented. Once a program has been fully implemented, the district shall provide reasonable and necessary recurring costs to the extent that budgetary considerations permit. These costs may include personnel and staff development for specialized magnet programs (e.g., Montessori, Single-Gender, STEM, IB-Primary Years Programme, and IB-Middle Years Programme). The Superintendent shall direct the Assistant Superintendent of School Choice to monitor this process.
  13. TRANSPORTATION
    The School Board may provide transportation for all students who are enrolled in magnet schools and programs who reside more than one and a half (1 ½) miles from their assigned school and are within the designated transportation zone. Magnet transportation will comply with magnet routes as defined in Board Policy
    8.32.
  14. MONITORING AND EVALUATION
    No later than November 1st of each school year, the Superintendent shall submit to the School Board a report regarding the implementation of magnet schools and programs. This report shall include:
    1. Data on the students who were accepted into each magnet school or program, including the diversity of students accepted into each magnet school or program;
    2. Data on the selection committees at the High School Performing Arts School used to select students for magnet schools or programs, including the diversity of these committees;
    3. Identification of any perceived barriers as related to the four goals of magnet schools to students being eligible and admitted into magnet schools or programs and recommendations for eliminating any barriers;
    4. Data on how students are performing in each magnet school or program, including how students from diverse programs are performing;
    5. Data on the withdrawal of students from each magnet school or program, including the diversity of the students withdrawing from the magnet school or program; and
    6. Any recommendation for improving magnet schools and programs, including access of students to magnet schools or programs, and for creating, replicating, or discontinuing any magnet schools or programs. Creating, replicating, or discontinuing any magnet schools or programs shall be considered for the school year commencing in the next fiscal year.
  15. The Board will review this policy every two (2) years, beginning September of 2000.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1001.42, 1001.51, 1002.31, F.S.
ADOPTED: MAY 26, 1999
REVISION DATE(S): NOVEMBER 10, 2008; JUNE 13, 2011; JUNE 10, 2013; DECEMBER 8, 2014; MAY 8, 2017; JANUARY 7, 2019; JULY 2, 2019; JANUARY 11, 2021.

FORMERLY: JFBD

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5.50 SCHOOL HEALTH SERVICES PLAN

  1. SCHOOL HEALTH SERVICES
    1. The School Board shall work cooperatively with the Florida Department of Health Duval County to develop and implement the District School Health Services Plan.
    2. At the beginning of each school year, the principal shall inform the parent(s) or legal guardian in writing that students will receive specified health services as provided in the District’s School Health Services Plan. A student shall be exempted from any of these services when his/her parent(s) or legal guardian requests such exemption in writing. When invasive screening is one (1) of the specified services, written consent of the student’s parent(s) or legal guardian shall be obtained prior to any such screening.
  2. SCHOOL HEALTH SERVICES PLAN
    1. The Superintendent, or his or her designee, shall timely notify the School Board of any amendments to the District’s School Health Services Plan, and provide an updated copy to the School Board office.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 381.0056, 1001.43(7), 1001.54, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): JANUARY 7, 2019; MARCH 7, 2019.

FORMERLY: JLC

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5.52 SCHOOL COUNSELING PROGRAM

  1. Each K-12 school shall develop and deliver a multi-layered, accountable, and comprehensive school counseling program in which equity, access, and academic success for all students is the focus.
  2. The comprehensive school counseling programs should be designed to meet the academic, career, and personal/social needs of every student and provide the following services:
    1. individual and small group counseling based on school data such as attendance, behavior referrals, tardiness, state and district assessments, promotion rates, college going rates;
    2. reviewing academic data such as report cards, progress reports, Academic Histories, transcripts and interpreting student evaluations such as academic achievement tests, diagnostic assessments, ACT, SAT, PSAT to identify students in need of remediation and academic assistance;
    3. intentional programs and activities for students and parents based on data such as that described above to create a yearly, departmental calendar which addresses school goals, district initiatives, and student data, such as time management, study skills, learning styles, goal setting, career fair, safety net
      programs;
    4. career and postsecondary planning to include rigorous coursework for all grade levels, career awareness, promotion requirements, acceleration mechanisms, 4-year high school plans, graduations requirements, financial aid, scholarships;
    5. responsive services through individual/group counseling, peer facilitation, consultation, and referrals to outside agencies including mental health professionals.
  3. No school counselor, attendance assistant, visiting teacher, school psychologist or nurse shall be required to reveal any information given to them in confidence, either by the student or by other persons who are providing information about the student, except as provided by Florida Statutes. Refusal to reveal such information shall not constitute grounds for any disciplinary action against a counselor, visiting teacher, attendance assistant or school psychologist.
  4. At the school level, counselors will coordinate with the principal regarding the procedures for maintenance and transfer of student records.
  5. An annual school counseling report must be submitted to the Commissioner of Education.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1001.54, 1003.01, 1003.02, 1003.4281, 1003.4282, 1003.4285, 1003.4286, 1003.4295, 1003.433, 1003.435, 1006.025,1007.27, 1007.271, 1007.273, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; DECEMBER 8, 2014.

FORMERLY: JLD

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5.53 REPORTING CHILD ABUSE AND NEGLECT

  1. Any employee who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, shall report such knowledge or suspicion to the Department of Children and Families by calling the Florida Abuse Hotline at 1800-962-2873.
  2. DEFINITIONS
    1.  Abandoned means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver responsible for the child’s welfare, while being able, makes no provision for the child’s support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations.
    2. Abuse means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.
    3. Neglect means that the parent or other person responsible for the child’s welfare fails to supply the child with adequate food, clothing, shelter, or health care, although financially able to do so or although offered financial or other means to do so. Neglect occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired.
  3. Employees who suspect abuse or neglect are encouraged to first notify the child's principal of the suspicion and that the report will be made. This reporting to the principal, however, does not obviate the employee's responsibility to immediately report the suspected abuse or neglect under Section 39.201, F.S. Other than notifying the principal, the employee should keep the report confidential.
  4. Any employee reporting suspected abuse or neglect in good faith shall be immune from any civil or criminal liability which might otherwise result by reason of such action pursuant to Section 39.203, F.S.
  5. NOTIFICATION OF RESPONSIBILITY
    A notice providing the following information shall be posted in a prominent place in each school:
    1. All employees of the District have the responsibility to report all actual and suspected cases of child abuse, abandonment or neglect; immunity from liability if they report such cases in good faith; and the responsibility to comply with child protective investigations, as allowable by statute, and all other provisions of law related to child abuse, abandonment or neglect.
    2. Statewide toll-free telephone number for the central abuse hotline.

STATUTORY AUTHORITY: 120.54, 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 39.0015, 39.01, 39.201, 39.202, 39.203, 39.205, 39.206, 1001.43, 1006.061, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): JULY 5, 2005; NOVEMBER 10, 2008.

FORMERLY: JLF

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5.60 STUDENT ILLNESS OR INJURIES

The Superintendent or designee shall develop procedures for dealing with students who have a communicable disease or who are injured at school which shall be incorporated in the District's School Health Services Manual.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1006.07, 1006.08, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): JULY 5, 2005; NOVEMBER 10, 2008.

FORMERLY: JLCE

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5.61 USE OF RESTRAINT AND SECLUSION WITH STUDENTS WITH DISABILITIES

  1. It is the policy of the School Board to prohibit the use of seclusion and limit the use of restraint for students with disabilities to circumstances in which the strategy can be used safely in a manner that is in the best interests of the student with a disability and as defined in this policy. This policy seeks to reduce the use of restraint throughout the District while still helping to instill an educational culture that promotes a positive, safe learning environment for students with disabilities and District personnel.
  2. USE OF SECLUSION. For purposes of this policy, the use of seclusion is prohibited under any circumstances.
    Seclusion is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. It does not include timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming the student.
  3. USE OF MANUAL PHYSICAL OR MECHANICAL RESTRAINTS. For purposes of this policy, restraint is an emergency intervention sometimes used in schools when students are exhibiting disruptive or dangerous behavior. Restraint is not an instructional tool for the development of pro-social behavior or used to induce compliance. Rather, it is one method to prevent students from harming themselves or others. Manual physical restraint should only be used by authorized school personnel in emergency situations when an imminent risk of serious injury or death to the student or others exists and all positive behavior interventions and supports have been exhausted.
    1. Manual physical restraint restricts the movement of all or part of a student’s body. The term manual physical restraint does not include briefly holding a student in order to calm or comfort him/her or a physical escort. Physical escort means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location.
    2. Mechanical restraint is the use of any device or equipment to restrict a student's freedom of movement. The term does not include devices implemented by trained school personnel or devices used by a student that have been prescribed by an appropriate medical or related service professional and are used for the specific and approved purposes for which such devices were designed, such as:
      1. adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;
      2. vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;
      3. restraints for medical immobilization; and
      4. orthopedically prescribed devices that permit a student to participate in activities without risk of harm.
    3. For purposes of this policy, the use of mechanical restraint is prohibited by school personnel. This paragraph does not apply to school resource officers, school safety officers, school guardians, or school security guards, as described in 1006.12, F.S, who may use mechanical restraint in the exercise of their powers and duties to restrict students in grades six (6) through twelve (12).
    4. A student with a disability shall not be subjected to manual physical restraint except as specifically authorized in this policy.
    5. School personnel may not use a manual physical restraint that restricts the breathing of a student with a disability.
    6. Manual physical restraint shall not be used if there is a medical contraindication to its use identified for the student with a disability, and shall only be applied and supervised by a staff member who has been trained in the safe application and supervision of the specific means of restraint applied. Application of physical restraint to a student with a disability shall take into consideration the IEP (individual educational plan) and any PBIP (positive behavior intervention plan) established for the student.
    7. A student with a disability shall be released from manual physical restraint immediately upon a determination by the supervising staff member who is administering or overseeing the use of restraint that the circumstances permitting the use of restraint in this policy no longer exist.
  4. MANDATORY TRAINING FOR STAFF. No employee of the Board, or person in a school facility, except in extreme emergencies, shall be permitted to use manual physical restraint until the person has received sufficient training in the use of the strategy or procedure to allow the person to utilize the measure safely for a student with a disability.
    The Superintendent shall require that staff members responsible for implementing this policy receive training annually that includes:
    1. The use of positive behavioral supports to deescalate problem behaviors.
    2. Risk assessment procedures to identify when restraint may be used.
    3. Examples of when positive behavior interventions and support techniques have failed to reduce the imminent risk of serious injury.
    4. Examples of safe and appropriate restraint techniques and how to use these techniques with multiple staff members working as a team.
    5. Instruction in the district’s documentation and reporting requirements.
    6. Procedures to identify and deal with possible medical emergencies arising during the use of restraint.
    7. Cardiopulmonary resuscitation.
  5. CRISIS INTERVENTION PLAN. Upon the second time a student is restrained during a semester, the school shall develop a crisis intervention plan for the student. The plan shall be developed by a team comprised of the student’s parent/guardian/educational surrogate, school personnel, and applicable physical and behavioral health professionals. The plan must be provided to the parent/guardian/educational surrogate.
    The crisis intervention plan must include:
    1. Specific positive behavior interventions and supports to use in response to dangerous behaviors that create a threat of imminent risk of serious injury.
    2. Known physical and behavioral health concerns that will limit the use of restraint for the student.
    3. A timetable for the review and, if necessary, revision of the crisis intervention plan.
  6. DOCUMENTATION AND REPORTING. A school shall prepare an incident report within 24 hours after a student with a disability is released from restraint. If the student’s release occurs on a day before the school closes for the weekend,a holiday, or other reason, the incident report must be completed by the end of the school day on the day the school reopens. The aforementioned reporting requirements do not exclude any specific personnel from restraint reporting requirements. As a result, whenever any District personnel or third-party contractor, including without limitation, school resource officer, school safety officer, school guardian, or school security guard, as defined in s. 1006.12, F.S., restrains a student with a disability, the incident must be reported to the Involuntary Examination and Restraint and Seclusion (IERS) application. This includes when on school property, on school transportation, or at a school event. 
    The following must be included in the incident report, after a restraint occurs, using the FLDOE reporting website:
    1. the name of the student;
    2. the grade, ethnicity, gender and disability of the student;
    3. the date and time of the event and the duration of the restraint;
    4. the location at which the incident occurred;
    5. a description of the incident in terms established by the Florida Department of Education (FLDOE);
    6. the name of the person using or assisting in the restraint and the date the person was last trained in the use of positive behavior interventions and supports;
    7. the name of any nonstudent who was present or witnessed the incident; and
    8. a description of the incident, including all of the following:
      1. the context in which the restraint occurred;
      2. the behavior of the student with disabilities leading up to and precipitating the decision to use restraint, including an indication as to why there was an imminent risk of serious injury or death to the student orothers;
      3. the positive behavior interventions and supports used to prevent and de-escalate the behavior;
      4. what occurred with the student immediately after the termination of the restraint;
      5. any injuries, visible marks, or possible medical emergencies that may have occurred during the restraint, documentedaccording to district policies;
      6. evidence of steps taken to notify the parent or guardian of the student with a disability; and
      7. The date the crisis intervention plan was last reviewed and whether
        changes were recommended.
        A school shall notify the parent or guardian of a student with a disability each time restraint is used. Such notification must be in writingand provided before the end of the school day on which the restraint occurs. Reasonable efforts must also be taken to notify the parent or guardian bytelephone or e-mail, or both, and these efforts must be documented. The school shall obtain, and keep in its records, the parent’s or guardian’s signed acknowledgement that she/he was notified of his/her student’s restraint.
        A school shall also provide the parent or guardian with the completed incident report in writing, printed from the FLDOE reporting Web site, by mail within three school days after a student with a disability was manually physically restrained.
        The school shall obtain, and keep in its records, the parent’s or guardian’s acknowledgement that she/he received a copy of the incident report.
  7. MONITORING. The District shall monitor the use of manual physical restraint on students with disabilities at the classroom, building and district levels.
    The District shall collect data including:
    1. when, where, and why students are restrained;
    2. the frequency of occurrences of such restraint; and
    3. the type of manual physical restraint that is most used.
      Documentation will be kept at the school site and, when requested, will be provided to the Executive Director of Exceptional Education and Student Services (EE/SS).
      The district level monitoring team, comprised of EE/SS program specialists, Director and Supervisors, will review monthly, all information obtained from the FLDOE website, Data Collection for Incident Report forms and the school-based
      Analysis and Action Plans. The monitoring team will review and monitor the data and provide support to schools in:
    4. strategies and positive behavior supports and interventions;
    5. progress monitoring;
    6. parent involvement;
    7. updates to students’ Functional Behavioral Assessments (FBAs) and Positive Behavioral Intervention Plans (PBIPs);
    8. additional training opportunities;
    9. prevention, de-escalation and crisis management.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1003.32, 1003.573, 1006.11, 1006.12, 1012.75, F.S.
STATE BOARD OF EDUCATION RULE(S): 69A-58.0084
HISTORY: ADOPTED: JANUARY 11, 2021
REVISION DATE(S): OCTOBER 5, 2021; JULY 11, 2022; FEBRUARY 7, 2023.

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5.62 ADMINISTRATION OF MEDICATION

  1. ADMINISTRATION OF PRESCRIPTION AND NON-PRESCRIPTION MEDICATION
    1. Each school principal shall designate a staff member(s) to administer medications. The staff member(s) shall be trained annually by the school nurse regarding procedures to assist students in the administration of medication.
    2. Administration of prescription and non-prescription medications during school hours is discouraged unless a physician determines that a student’s health needs require medication during school hours. The District’s School Health Services Manual shall set forth provisions for administering all medications. In the event a student requires medication during school hours, the District’s Medication Administration Authorization form must be completed. This form must be signed by the parent/legal guardian and healthcare provider, and submitted to the school. Healthcare provider is defined as a Medical Doctor (MD), Physician Assistant (PA), or Advanced Practice Registered Nurse (APRN).
    3. Instructions on using prescription or non-prescription medication shall be provided by a healthcare provider or described on the medication container provided by the healthcare provider or pharmacist.
    4. All medications shall be delivered to the office/clinic with the following information provided:
      1. Name and purpose of medication;
      2. Time the medication is to be given;
      3. Specific instructions on the administration of the medication;
      4. Approximate duration of medication;
      5. Expiration date;
      6. Completed Medication Administration Authorization form signed by the student’s parent or legal guardian and healthcare provider; and
      7. Medication shall be received, counted and stored in original containers.
    5. First dosage of any new medication shall not be administered during school hours because of the possibility of an allergic or adverse reaction.
    6. All medication in its original container shall be stored in a secure place under lock and key. Only authorized staff who administer said medication shall have access to it.
    7. A student with a special health condition(s) such as asthma, diabetes or anaphylaxis, cystic fibrosis, or any other diagnosed/documented condition may carry medication for emergency situations on self if approved by his/her healthcare provider and his/her parent or guardian. The approval of the healthcare provider and the parent/guardian and information regarding the medication 1006.062, must be indicated on the District’s Medication Administration Authorization form and kept on file in the office/clinic. A student who has permission to self-administer emergency medication may carry the medication on the school bus.The school principal or designee shall notify the bus driver and the transportation department regarding such students.
    8. A record shall be maintained on each student who receives a medication during school hours, including the time each dose of medication was administered. These records shall be made available daily to the principal and the school nurse.
    9. When medication is given to a student, it must be recorded. If the dosage is not recorded, it will be considered that the student did not receive the required dose.
    10. There shall be no liability for civil damages as a result of the administration of such medication where the person administering such medication acts as an ordinarily reasonable prudent person would have acted under the same or similar circumstances.
    11. It will be the parent or legal guardian’s responsibility, at the end of the school year to pick up any unused medication.
    12. In the event of extreme environmental cases or states of emergency, the District’s Director of School Health Services, and the Florida Department of Health – Duval County’s Medical Director will allow specific exemptions to nonprescription medications and outline regulations for administration, such as the use of repellant for mosquitos.
  2. FIELD TRIPS
    1. The requirements for the administration of medication while students are away from school property or on official school business shall be the same as those while on school property. All medications taken on field trips or other official school business must be in the original container. Only trained personnel will administer medication away from the school site except for students who have permission to self-administer emergency or other authorized medications.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1002.20, 1002.22, 1003.25,
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): JULY 5, 2005; NOVEMBER 10, 2008; MARCH 7, 2017; JANUARY 7, 2019; JANUARY 11, 2021

FORMERLY: JLCD

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5.63 MEDICAL MARIJUANA/LOW THC CANNABIS USE BY QUALIFIED STUDENTS IN SCHOOLS

  1. GENERAL PROVISIONS
    Administration of medical marijuana/low THC cannabis/cannabinoid products to qualified Duval County Public Schools students shall be in accordance with this policy.
    Medical marijuana/low THC cannabis cannot be administered to a qualifying student/patient while aboard a school bus or at a school-sponsored event.
    This policy conveys no right to any student or to the student’s parents/guardians or other caregiver to demand access to any general or particular location on school or district property, a school bus or at a schoolsponsored event to administer medical marijuana/low THC cannabis.
    If the federal government indicates that the district’s federal funds are jeopardized by this policy, the Board declares that this policy shall be suspended immediately and that the administration of any form of medical marijuana/low THC cannabis to qualified students on school property shall not be permitted. The district shall post notice of such policy suspension and prohibition in a conspicuous place on its website.
  2. DEFINITIONS
    For purposes of this Policy 5.63, the following definitions shall apply per Florida Statute:
    1. “Student” means an individual enrolled in a Duval County Public School, Pre-K through 12th grade who are subject to compulsory school attendance, as well as students with disabilities 18 through 22 years of age.
    2. “Qualified student/patient” means a student/patient who is a resident of this state who has been added to the Medical Marijuana Use Registry by a qualified physician to receive marijuana or a marijuana delivery device for medical use and who has a valid qualified patient identification card.
    3. “Primary caregiver” or “caregiver” must be 21 years of age or older and a resident of this state who has agreed to assist with a qualified patient’s medical use of marijuana, has a caregiver identification card, and meets the following requirements:
      1. Agree in writing to assist with a registered qualified student/patient’s medical use of marijuana, is not currently serving as primary caregiver for another qualifying patient, and is not a qualifying student patient’s physician.
      2. Has registered with the State Department of Health (DOH) Registry for medical marijuana/low THC cannabis use and meets all of the requirements.
      3. Has been designated as a primary caregiver on the qualifying student/patient’s State DOH application.
      4. The caregiver may be registered in the medical marijuana use registry for no more than one qualified student/patient unless:
        1. the caregiver is a parent/legal guardian of more than one minor who is a qualified student/patient; or
        2. the caregiver is a parent/legal guardian of more than one adult who is a qualified patient and who has an intellectual or developmental disability that prevents the student/patient from being able to protect or care for himself or herself without assistance or supervision.
    4. “Designated location” means a location identified in writing by the school administration and School Health Services Department in its sole discretion as written in the District’s Implementation Plan.
    5. “Permissible form of medical marijuana/low THC/cannabinoid products” means non-smokeable/non-inhalable products such as oils, tinctures, edible products or lotions that can be administered and fully absorbed in a short period of time.
    6. “Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
    7. “Low-THC Cannabis” means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabinol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical marijuana treatment center.
    8. “Prohibited forms of medical marijuana/cannabinoid products” means any smokeable, vapors, patches, and any other forms of administration that provide continuous delivery of medical marijuana/low THC cannabis to a qualified student/patient while at school shall not be permissible. Forms of medical marijuana/low THC cannabis not included in this definition may be addressed as outlined in Extenuating Circumstances, Section II.C.
  3. ADMINISTRATION OF MEDICAL MARIJUANA/LOW THC CANNABIS TO QUALIFIED STUDENTS ON SCHOOL DISTRICT PROPERTY
    1. Administration Of Medical Marijuana/Low THC Cannabis Use At School
      1. School nurses or health care personnel or school administration staff are not allowed to administer, store/hold or transport the medical marijuana/low THC cannabis in any form.
      2. A parent/caregiver may administer medications/treatments to their child or a qualified student/patient during the school day. The parent/caregiver is responsible for safely administering and transporting the medication/treatment to and from school each day. An Authorization for Medical Marijuana/Low THC cannabis Use for Qualified Students at School Form must be completed by a physician for all medication/treatments that a parent/primary caregiver will be administering to their child during the school day, acknowledging that the parent/caregiver will be administering the
        medication/treatment.
      3. A qualified student/patient may designate no more than one caregiver to assist with the qualified student/patient’s medical use of marijuana unless:
        1. The qualified student/patient is a minor and the designated caregivers are parents/legal guardians of the qualified student/patient;
        2. The qualified student/patient is an adult who has intellectual or developmental disability that prevents the student/patient from being able to protect or care for himself/herself without assistance or supervision and the designated caregivers are the parents or legal guardians of the qualified patient; or
        3. If a qualified patient is younger than 18 years of age, only a caregiver may purchase or administer marijuana for medical use by the qualified patient. The qualified patient may not purchase marijuana.
      4. School Health Services and the school principal or designee determines, in its sole discretion, the location(s) of administration (“Designated Location(s)”) of a permissible form of medical marijuana/low THC cannabis that do not create risk of disruption to the educational environment or exposure to other students.
      5. School Health Services and the school principal or designee prepares, with input from the qualified student’s parent/guardian, a written medical marijuana/low THC cannabis implementation plan (“District Implementation Plan”) that identifies the form, “Designated Location(s)”, and any protocol regarding administration of a permissible form of medical marijuana/low THC cannabis to the qualified student/patient. The school principal or designee, School Health Administrator, the qualified student (if capable), the qualified student’s parent/guardian, and the caregiver (if applicable) shall sign the District Implementation Plan.
    2. Request By Parent/Guardian For Authorization For The Use Of Medical Marijuana/Low THC Cannabis To Be Administered At School
      1. The District allows for the administration of medications/treatments, including medical marijuana, when administration cannot reasonably be accomplished outside of school hours.
      2. The primary caregiver should administer the medical marijuana/low THC cannabis at home whenever possible to qualified students who require the use of medical marijuana/low THC cannabis for a medical condition.
      3. Parent/guardian of a qualifying student requesting the administration of medical marijuana/low THC cannabis to the student at school, need to submit a written request to the School Health Services Department.
      4. Qualified students who require the use of medical marijuana/low THC cannabis for a medical condition while at school, would receive the medical marijuana/low THC cannabis by their primary caregiver as
        ordered/recommended by a physician on school grounds at the location(s) designated in the District Implementation Plan.
    3. Extenuating Circumstances
      Any administration of medical marijuana/low THC cannabis that requires consideration outside of the rules outlined within this policy must be reviewed and approved in advance by the School Health Services Department. Parents may make requests for consideration through the school principal.
  4. RESPONSIBILITIES OF PARENT/CAREGIVER:
    1. A parent/guardian of a qualifying student requesting the administration of medical marijuana/low THC cannabis to the qualified student while on school grounds must submit a written request to the School Health Services Department.
    2. The qualified student’s parent/guardian provides the School Health Services Department with an Authorization for Medical Marijuana/Low THC cannabis Use for Qualified Students at School Form completed by a physician and signed by the parent/ guardian for the administration of medical marijuana/low THC cannabis to the qualified student during the school day, acknowledging that a parent/caregiver will be administering the medical marijuana/low THC cannabis. The completed form shall include the type, amount, time to be administered, diagnosis, possible side effects and any special instructions regarding the medication. The form must be submitted to the School Health Services Department every school year, and when there are any changes to the medication and the type of preparation (i.e., oils, tablet).
    3. Parent/guardian must provide the School Health Services Department a copy of the current Department of Health Registry Identification Card for the qualifying student/patient and the primary caregiver, and a valid form of picture ID.
    4. Once all required documents are received, the School Health Services Department will make a decision on the request and, if approved, prepare the medical marijuana implementation plan within 72 hours, excluding weekends and holidays.
    5. The qualified student/patient’s caregiver shall be responsible for providing the permissible form of medical marijuana/low THC cannabis to be administered to the qualified student.
    6. The caregiver assumes all potential civil and criminal responsibility and liability indirectly and directly connected to activities under this policy. Administration of marijuana to a qualified student under this policy is a personal and medical decision by the parent/legal guardian and is not endorsed by the Board or any
      school official.
  5. RESPONSIBILITIES OF PRINCIPALS/ADMINISTRATORS:
    1. Upon review and approval of the documentation submitted by the parent, the Principal will:
      1. Coordinate the development of the District’s Implementation Plan for Medical Marijuana/Low THC Cannabis Use for Qualified Students at School. The plan includes the following information:
        1. The specific location and time(s) where the parent/primary caregiver shall report to administer the medical marijuana;
        2. School staff member(s) who the parent/primary caregiver must coordinate with at the school for administration of the medical marijuana/low THC cannabis to the qualifying student.
      2. Provide the parent/guardian with a copy of Board Policy 5.63 Medical Marijuana/Low THC Cannabis Use to Qualified Students in Schools and review the written District’s Implementation Plan for medical marijuana/low THC cannabis use at school with parent/guardian.
      3. Report to the School Discipline and Support Services any incidence of student/parent/caregiver dispensation of substances other than the permissible forms of medical marijuana/low THC cannabis as specified on the Authorization for Medical Marijuana/Low THC cannabis Use for Qualified Students at School Form, signed by the parent/guardian and physician and take action in accordance with the Code of Student Conduct and Policy 5.30, Expulsion or Suspension of Students.
    2. The Principal or designee may consult with School Health Services and Student Discipline and Support Services, as needed.
  6. CONSEQUENCES OF RULE VIOLATION
    1. Permission to administer medical marijuana/low THC cannabis to a qualified student/patient may be limited or revoked if the qualified student/patient or the student’s caregiver violate this policy or demonstrate an inability to responsibly follow this policy’s parameters.
    2. At no time shall the qualifying student/patient have the medical marijuana/low THC cannabis in their possession except during the administration process, through dispensation by the designated primary caregiver, per the District’s Implementation Plan.
    3. Consequences for sale/attempted sale/transmittal of any medical marijuana/low THC cannabis products or low THC cannabis, or substances held out and represented to be medical marijuana/low THC cannabis, may
      result in disciplinary actions as outlined in the Code of Student Conduct, and Policy 5.30, Expulsion or Suspension of Students.
    4. Student possession, use, or being under the influence of marijuana or marijuana derivatives inconsistent with this policy may be considered a violation of the Code of Student Conduct, and Policy 5.30, Expulsion of Suspension of Students and may subject the student to disciplinary consequences, including suspension and/or expulsion, in accordance with applicable Board policy, and may require consultation with local law
      enforcement.
    5. Dispensation by parent/caregiver of medical marijuana/low THC cannabis in any form other than specified on the Authorization for Medical Marijuana/Low THC cannabis Use for Qualified Students at School Form, signed by the parent/guardian and physician may be treated as a violation of School Board Policy 5.30, Expulsion or Suspension of Students, for possession, use, or being under the influence of unauthorized substance, which are expellable offenses.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 381.986, 1006.062, F.S.
HISTORY: ADOPTED: DECEMBER 10, 2019
REVISION DATE(S): N/A

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5.64 CONTROL OF COMMUNICABLE DISEASES DURING AN EPIDEMIC OR PANDEMIC

INTRODUCTION AND SCOPE

It is the goal of this School Board to seek to provide, in the least restrictive environment, for the educational needs of each student to the maximum extent consistent with the needs of other students and the health, safety and welfare of all. One key step in furthering this goal is the development of a policy and resulting procedures to control, during an epidemic or pandemic, communicable diseases affecting the health of the District Community (which includes, but is not limited to, students, parents/guardians, visitors, vendors/contractors, and employees of the District).

Nothing in this policy is meant to abridge the Superintendent’s authority under Policy 3.27.

  1. DEFINITIONS
    “Communicable diseases” are infectious diseases that are transmissible by 1) indirect or direct contact with infected individuals through respiratory or airborne matter, or bodily discharges or fluids; 2) contact with contaminated surfaces or objects; or 3), contact with disease vectors (such as mosquitos, ticks, or fleas). Communicable diseases include, but are not limited to, coronaviruses, diphtheria, polio, whooping cough, mumps, measles, tuberculosis, meningitis, meningococcal disease, as well as those communicable diseases yet to be discovered. “Epidemics” are widespread occurrences of infectious diseases that are actively spreading and substantially exceeding expected cases. Epidemics can have pandemic risk potential based on their emergence, availability of therapeutics and/or vaccines, and public health impact. A “pandemic” is an epidemic that has spread over several countries or continents, usually affecting large numbers of people.
  2. CONTROL OF COMMUNICABLE DISEASES DURING EPIDEMICS AND PANDEMICS
    1. Administrative Procedures
      To address communicable disease spread through the District community that has risen to the level of an epidemic or pandemic, the Superintendent shall implement administrative procedures to control the spread. It is the Board’s desire that in developing safety protocols, the mitigation approach employed should be based on the level of communicable disease spread at certain designated data points. Procedures for the control of the spread of communicable diseases that have not spread to the level of becoming an epidemic or pandemic, can be found in the Duval County School Health Services Manual.
      1. The Superintendent’s development of procedures to address the spread of communicable diseases that have risen to the level of an epidemic or pandemic, in material part, shall occur in consultation with members of an advisory team who shall include, but not be limited to, the following:
        1. Public health experts. If public health experts are available, at a minimum, the Superintendent shall consult with a member from the Florida Department of Health (Duval) to provide appropriate data updates;
        2. Medical professional (or professionals) that specializes in the communicable disease at issue, a closely related field, and/or pediatrics;
        3. Representative from the District Advisory Council and/or DCCPTA;
        4. Chief/CEO of a local hospital (if warranted).
      2. The Superintendent’s procedures should include, but need not be limited to:
        1. Development and enforcement of safety protocols to prevent the spread of the communicable disease;
        2. Reporting procedures for the District Community of exposure to, symptoms, diagnosis and/or positive test of any communicable disease;
        3. Response by District to those members of the District community reporting exposure to, symptoms, diagnosis and/or a positive test result of a communicable disease;
        4. Reentry of members of the District community who have recovered from the communicable disease and can safely return no longer posing a risk of infection to others;
        5. Instructing the District community as to the maintenance of appropriate hygiene, cleaning and disinfection practices, and the detection and prevention of communicable diseases; and
        6. Ensuring the District community has knowledge of and accessibility to the procedures developed by the Superintendent. While the procedures may be published in various locations, for ease of reference, there will be at least one central location where all procedures will be located. This central location will not be the School Health Services Manual, as such manual requires approval from other entities at certain time periods that may not align with the time period communicable disease procedures may need to be developed or amended.
    2. Enforcement of Safety Protocols for Controlling the Spread of Communicable Diseases
      All members of the District community that are on District property or Districtsponsored transportation, or that attend a District-sponsored activity, shall comply with the procedures developed pursuant to this policy.
      Failure of a student to comply with safety protocols, after being directed to do so, will result in discipline in accordance with the applicable protocol set forth in the Code of Student Conduct.
      Failure of an employee to comply with the safety protocols may result in discipline in accordance with the District’s already-existing discipline processes and applicable collective bargaining agreement.
      Members of the public, vendors, contractors, and other visitors should be informed of this policy and the procedures developed pursuant to this policy, and if they refuse to comply after being reminded, they may be denied entry to a District facility or required to leave. For public board meetings, all reasonable accommodations will be made to ensure open access to Board meetings, while at the same time ensuring the safety of all who enter the District facility.
    3. Board Notification
      The Superintendent shall bring to the Board, for approval, any protocols or procedures the Superintendent desires to develop or amend pursuant to this policy. Prior to seeking approval by vote, it is strongly encouraged that the Superintendent present his/her recommendation(s), as well as members of her advisory team, at a workshop or special meeting.
  3. CONFIDENTIALITY AND NON-DISCRIMINATION
    Communicable disease information will be maintained as confidential information to the extent permitted by law, including the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and
    Accountability Act (HIPAA).
    This policy is not intended to abridge any rights of the District community under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities Education Act, or any other applicable federal or state law. Communicable disease status will not be a basis for discrimination or harassment.


STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1001.42, 1001.43, 1002.22,
1003.02, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; MARCH 3, 2015; MARCH 7, 2017; JANUARY 11, 2021; OCTOBER 26, 2021; DECEMBER 7, 2021.

FORMERLY: JLCCA

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5.66 EYE PROTECTION DEVICES

The principal shall inform all teachers concerned with instruction in courses specified in Florida Statutes of the requirements relating to the wearing of eye protection devices. The principal shall direct such teachers to continuously follow provisions of Florida Statutes without exceptions.

  1. The School Board shall provide protective devices for School Board employees, students, and visitors.
  2. The student shall be required to wear the eye protection device as directed by the teacher when engaged in activities listed under the Eye Protection Device Law. The student’s failure or refusal to wear the device shall be cause for his/her suspension or dismissal from the course.
  3. Any teacher who fails to carry out the provisions of this rule shall be charged with willful neglect of duty and shall be reported to the Superintendent or designee for such action as deemed appropriate.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1001.43, 1006.063 1006.07, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008
FORMERLY: JLI

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5.67 DISTRICT SUPPORT FOR STUDENTS WITH DIABETES

Florida Statutes, Section 1002.20 - K-12 Student and Parent Rights - establishes rights for students with diabetes, with respect to school assignment and the management and care of their diabetes while in school.

Therefore, Duval County Public Schools will not restrict the assignment of a student who has diabetes to a particular school on the basis that the student has diabetes, that the school does not have a full-time school nurse, or that the school does not have trained diabetes personnel.

In addition, students with diabetes whose parent and physician provide their written authorization to the school principal may carry diabetic supplies and equipment on their person and attend to the management and care of their diabetes while in school, participating in school-sponsored activities, or in transit to or from school or school sponsored activities to the extent authorized by the parent and physician and within the parameters set forth by State Board of Education rule. The written authorization shall identify the diabetic supplies and equipment that the student is authorized to carry and shall describe the activities the child is capable of performing without assistance, such as performing blood-glucose level checks and urine ketone testing, administering insulin through the insulin-delivery system used by the student, and treating hypoglycemia and hyperglycemia.


The District will encourage every school in which a student with diabetes is enrolled tohave personnel trained in routine and emergency diabetes care. In accordance with Florida Statute, the District, Florida Department of Health Duval County, and the District public-private partner nursing agency personnel, and the employees and volunteers of those entities, shall be indemnified by the parent of a student authorized to carry diabetic supplies or equipment for any and all liability with respect to the student’s use of such supplies and equipment pursuant to this paragraph.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 1002.20(3)(J), F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-6.0253
HISTORY: ADOPTED: JANUARY 7, 2013
REVISION DATE(S): MARCH 7, 2017
FORMERLY: NEW

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5.70 STUDENT RECORDS

In order to provide appropriate educational services and programming, the District must collect, retain, and use information about individual students. Simultaneously, the District recognizes the need to safeguard students' privacy and restrict access to students' personally identifiable information.

The rights of students and their parents, with respect to education records created, maintained, or used by the District must be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), Florida statutes, and the implementing regulations and rules issued pursuant thereto. Education records are confidential and exempt from the Florida Public Records Act (Chapter 119), pursuant to section 1002.221, F.S.

  1. DISTRICT PROCEDURES REGARDING STUDENT EDUCATIONAL RECORDS
    The Superintendent or his/her designee shall be responsible for interpreting this policy and the school principal/designee shall be responsible for controlling and supervising student records, following all rules on student records, and interpreting policies on student records to the school staff, students, and the community. Procedures on student records shall be developed and implemented by the Superintendent or his/her designee.
  2. Pursuant to Rule 6A-1.0955, F.A.C., the procedures for student records shall contain, at a minimum, the following provisions:
    1. Provisions for an annual written notice and other notices necessary to inform the adult students or the parent or guardian of students of their rights as defined in section 1002.22(2), F.S., and FERPA. The procedures include methods of notice for informing the parent or guardian of students, or adult students unable to comprehend a written notice in English;
    2. Provisions for permitting the adult student or the parent or guardian of the student who is or has been in attendance in the District to inspect and review the education records of the student;
    3. Provisions for adult students or the parent or guardian of students to exercise the right of waiver of access to confidential letters or statements;
    4. A schedule of fees and charges for copies of education records which charges no more than the fees and charges for public records as set forth in section 119.07, F.S. In no circumstance shall the cost reflect the costs to retrieve the education records;
    5. A listing of the types and locations of education records maintained by the educational agency and the titles and addresses of the officials responsible for those records;
    6. Provisions for disclosure of personally identifiable information where prior written consent of the adult student or the parent or guardian of students is not required;
    7. Provisions for disclosure of personally identifiable information where prior written consent of the adult student or the parent or guardian of a student, as appropriate, is required, and provisions for maintaining records of requests and disclosures;
    8. Provisions for the maintenance and security of student records, including procedures to ensure the confidentiality of student records and safeguard records from unauthorized or unintentional access;
    9. Provisions for disclosure of personally identifiable information in health and safety emergencies;
    10. Provisions for disclosure of directory information;
    11. Provisions for challenging the content of any record which the adult student or the parent or guardian of a student believe to be inaccurate, misleading or a violation of the right of privacy and for providing an opportunity for amendment of such information;
    12. Provisions for ensuring the accuracy of information maintained and for periodic review and elimination of information no longer useful, in the manner prescribed by section 1001.52(3), F.S.; and,
    13. Provisions for parents to specify the use of any deviation from their child's legal name in school; and,
    14. Procedures for transfer of education records.
  3. Records of students enrolled in the Voluntary Prekindergarten Education Program are confidential and exempt as set forth in section 1002.72, Florida Statutes, and these records shall be maintained according to the requirements of law.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.

LAW(S) IMPLEMENTED: 20 USC §1232G (34 CFR PART 99), 20 USC §1232H (34 CFR PART 98), 119.07(1), 1001.43, 1001.52, 1002.22, 1002.221, 1002.222, 1002.72, 1003.25, F.S.

STATE BOARD OF EDUCATION RULE(S): 6A-1.0955HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; MAY 8, 2017; NOVEMBER 7, 2023.

FORMERLY: JRA

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5.71 DIRECTORY INFORMATION

Students’ parent(s) or legal guardian shall be notified annually in the Student Records brochure that the School Board may release “directory information” to the general public.

  1. Directory information includes the following data about a student:
    1. Name;
    2. Address;
    3. Telephone listing;
    4. Electronic mail address;
    5. Photograph;
    6. Grade level;
    7. Participation in officially recognized activities and sports;
    8. Weight and height, if an athletic team member;
    9. Name of the most recent previous educational agency or institution attended;
    10. Dates of attendance at schools in the District;
    11. Degrees, honors, and awards received;
    12. Major field of study; and
    13. Date and place of birth.
  2. No directory information relating to an individual student shall be released to the public unless that student’s parent(s) or legal guardian submits written notification to the principal, except requests from the United States military, universities, colleges, the State of Florida Department of Health and the Jacksonville Public Library. Parents may opt to have NO directory information released by completing and submitting the Directory and Information Release form with their request. The form is part of the Student Records brochure.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 34 CFR 99.3, 34 CFR 99.31, 34 CFR 99.37, 1002.22, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-1.0955
HISTORY: ADOPTED: APRIL 1, 1999
REVISION DATE(S): JUNE 6, 2010; JULY 6, 2010; DECEMBER 8, 2014; MARCH 6, 2018; OCTOBER 6, 2020.

FORMERLY: JRS

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5.72 STUDENT DATA PRIVACY PROTECTION - ONLINE EDUCATIONAL SERVICES

  1. In order to protect a student’s personally identifiable information (PII) from potential misuse and in order to protect students from data mining or targeting for marketing or other commercial purposes, this policy is adopted to provide for the review and approval of any online educational service that students or their parents are required to use as part of a school activity. This policy applies regardless of whether or not there is a written agreement governing student use, the educational service is free or the service is unique to specific classes or courses.
  2. REQUIRED REVIEW OF ONLINE EDUCATIONAL SERVICE'S TERMS OF SERVICE AND PRIVACY POLICY
    Prior to use, online educational service’s terms of service and privacy policy(ies) must
    be reviewed to ensure compliance with state and federal privacy laws, including Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. ss. 6501-6506, and
    Section 1002.22, F.S.
  3. REVIEW AND APPROVAL PROCESS
    Prior to use of the online educational service, the Office of Policy & Compliance and/or
    the Office of General Counsel shall review and approve the online educational service’s terms of service. The submission for approval of the terms of services shall be in accordance with the District’s existing contract submission process and procedures available on the Office of Policy & Compliance website.
  4. PARENTAL AND ELIGIBLE STUDENT NOTIFICATION
    If student personally identifiable information will be collected by the online educational
    service, the parent and/or eligible student (18 years old) shall be notified via e-mail or other appropriate communication under the circumstances. Where student PII will be collected by the online educational service, the notification should include the information that will be collected, how it will be used, when and how it will be destroyed, and the terms of re-disclosure, if any.
  5. SHARING OF STUDENT PERSONALLY IDENTIFIABLE INFORMATION
    Student PII may not be shared or sold for commercial purposes without providing
    parents (or eligible students) a means to either consent or disapprove. This disclosure prohibition does not prevent the purchase, merger, or other type of acquisition of a third-party provider or online educational service by another entity, provided that the successor entity continues to be subject to the provisions of this rule with respect to previously
    acquired PII.
  6. NOTICE

For any online educational service that a student is required to use, the District must provide notice on its website of the PII information that may be collected, how it will be used, when it will be destroyed and the terms of re-disclosure, if any. This notice must include a link to the online educational service’s terms of service and privacy policy, if publicly available.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 20 USC §1232G (34 CFR PART 99), 1002.22, 1002.221, 1002.222, F.S.
STATE BOARD OF EDUCATION RULE(S): 6A-1.0955, F.A.C
 

HISTORY: ADOPTED: MAY 2, 2023
REVISION DATE(S): N/A

FORMERLY: NEW

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5.80 ATHLETICS

  1. Each school may establish a board of control for athletics to include the school principal, instructional staff members, the athletic director, and any other member deemed appropriate by the school principal.
  2. District high schools shall be members of the Florida High School Athletic Association, Inc. (FHSAA) and shall be governed by the rules and regulations adopted by FHSAA. Students who participate in athletics shall meet eligibility requirements established by FHSAA and the School Board. Membership dues will be paid from the internal accounts of each respective school.
  3. District middle schools with athletic programs shall be members of the Middle School Conference and shall be governed by the rules and regulations adopted by the organization. Students who participate in athletics shall meet eligibility requirements established by the Middle School Conference, the FHSAA (when applicable) and the school board. Membership dues will be paid from internal accounts of each respective school.
  4. No student shall engage in any physical activities, conditioning, try-outs, workouts, practice, or participate in any interscholastic game or scrimmage without a current physical examination on file, as required by Florida High School Athletic Association and Chapter 1006.20, F.S., and the written permission of the student’s parent(s). All district high schools and middle schools shall make FHSAA educational materials about sudden cardiac arrest and cardiac screenings available to students and parents prior to any sports participation.
  5. Students practicing or participating in any type of interscholastic athletics shall provide proof of accident insurance covering medical expenses of any injury or illness subsequent to the date of the most current pre-participation exam form (FHSAA EL2) shall submit written approval to the school from the treating physician or other licensed medical provider as identified in section 1006.20, F.S., or FHSAA policy prior to any further participation in athletic practices or events, sustained in a sport. The principal shall be responsible for obtaining proof, as evidenced by the insurance verification form and a signed statement from the student’s parent(s), as defined by Florida Statutes, of the student’s insurance prior to practice or participation in interscholastic athletics. Such insurance may be made available to the parent(s) through the school or the parent(s) may submit evidence that insurance has been provided through another source.
  6. A student who consults a medical physician concerning an injury or illness subsequent to the date of the most current pre-participation exam form (FHSAA EL2) shall submit written approval to the school from the treating physician or other licensed medical provider as identified in section 1006.20, F.S., or FHSAA policy  prior to any further participation in athletic practices or events. 
  7. Pursuant to Florida law, licensed medical personnel who act as volunteers for school events and agree to render emergency care or treatment shall be immune from civil liability for treatment of a participant in any school-sponsored athletic event, provided such treatment was rendered in accordance with acceptable standards of practice and was not objected to by the participant.
  8. An automatic external defibrillator (AED) will be available for use at every school interscholastic contest. A school employee with current training in cardiopulmonary resuscitation and the use of an automatic defibrillator must be present at each athletic event during the school year, including practices, workouts and conditioning sessions. All employees who may be reasonably expected to use a defibrillator must complete training in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training.
  9. District high schools and middle schools shall follow an established District plan to suspend outdoor activities, if a thunderstorm or electrical storm occurs in the area before or during the event. This plan should include specific evacuation procedures for outdoor venues in the event of lightning or weather-related dangers and identify those individuals who have the authority to act as the Principal's designee for weather-related safety decisions.
  10. District high schools will follow an established District plan to allow for adjustment of exertional activity in the heat for all students participating in organized sports. District high schools will monitor environmental conditions and make modifications as defined by the District athletic department procedures, state statute and FHSAA policy. District high schools will provide the immediate availability of cold-water immersion tubs or equivalent means to rapidly cool internal body temperature and review emergency treatment guidelines with licensed health care providers on an annual basis.
  11. District high schools shall have written emergency action plans available for individual sports venues that clearly identify procedures for handling injury and emergency situations. Appropriate, posted signage should indicate the location of AEDs, cooling zones, other emergency equipment, entrances and exits. The Principal, athletic trainer and athletic director shall be responsible for an annual review of emergency action plans for school sports venues. 
  12. All students shall be subject to all School Board rules and to the Codes of Student Conduct while attending athletic events and practices.
  13. Students practicing or participating in any type of interscholastic athletics shall have a signed Duval County Sportsmanship Contract on file with the school prior to participation.
  14. In order for a student to be eligible to participate in interscholastic extracurricular student activities, the student must meet all of the requirements established by the Florida High School Athletic Association and maintain satisfactory conduct, as defined by the District Codes of Student Conduct. If a student is convicted of an on- or off-campus felony or a delinquent act which would have been a felony if committed by an adult, regardless of whether adjudication is withheld, the student’s participation in interscholastic extracurricular activities will be suspended for the one calendar year from the date of the incident. A report of an alleged violation of this standard of conduct shall be submitted to the principal or his/her designee for investigation. If the principal or his/her designee determines that a violation has occurred, the student and his/her parent(s) shall be notified in writing, of the suspension from school sponsored extracurricular activities.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.
LAW(S) IMPLEMENTED: 768.135, 1000.21. 1001.43, 1006.07,1006.15, 1006.16, 1006.165, 1006.20, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008; JANUARY 7, 2019; JANUARY 11, 2021; NOVEMBER 1, 2022.

FORMERLY: JJI

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5.84 STUDENT ACCIDENT INSURANCE

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1001.43, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008
REPEALED JANUARY 12, 2015
FORMERLY: JLA

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5.85 STUDENT DONATIONS AND GIFTS

  1. Schools shall not sponsor the exchange of gifts among students at any time.
  2. Gifts shall not be purchased from student fees for any purpose.

STATUTORY AUTHORITY: 1001.41, F.S.
LAW(S) IMPLEMENTED: 1001.41, F.S.
HISTORY: ADOPTED: APRIL 1, 1997
REVISION DATE(S): NOVEMBER 10, 2008
FORMERLY: JP

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