The 2023 Florida Statutes (including Special Session C)

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1006
SUPPORT FOR LEARNING

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F.S. 1006.08

1006.08 District school superintendent duties relating to student discipline and school safety.—

(1) The district school superintendent shall recommend plans to the district school board for the proper accounting for all students of school age, for the attendance and control of students at school, and for the proper attention to health, safety, and other matters which will best promote the welfare of students. Each district school superintendent shall fully support the authority of his or her principals, teachers, and school bus drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and, when appropriate and available, to place such students in an alternative educational setting. When the district school superintendent makes a recommendation for expulsion to the district school board, he or she shall give written notice to the student and the student’s parent of the recommendation, setting forth the charges against the student and advising the student and his or her parent of the student’s right to due process as prescribed by ss. 120.569 and 120.57(2). When district school board action on a recommendation for the expulsion of a student is pending, the district school superintendent may extend the suspension assigned by the principal beyond 10 school days if such suspension period expires before the next regular or special meeting of the district school board.

(2) Notwithstanding the provisions of s. 985.04(7) or any other provision of law to the contrary, the court shall, within 48 hours of the finding, notify the appropriate district school superintendent of the name and address of any student found to have committed a delinquent act, or who has had adjudication of a delinquent act withheld which, if committed by an adult, would be a felony, the name and address of any student found guilty of a felony, or the name and address of any student the court refers to mental health services. Notification shall include the specific delinquent act found to have been committed or for which adjudication was withheld, or the specific felony for which the student was found guilty.

(3) Except to the extent necessary to protect the health, safety, and welfare of other students, the information obtained by the district school superintendent pursuant to this section may be released only to appropriate school personnel or as otherwise provided by law.

History.—s. 278, ch. 2002-387; s. 38, ch. 2003-391; s. 128, ch. 2006-120; s. 25, ch. 2018-3.

F.S. 1006.08 on Google Scholar

F.S. 1006.08 on Casetext

Amendments to 1006.08

Arrestable Offenses / Crimes under Fla. Stat. 1006.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1006.08.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ATLANTIC SPECIALTY INSURANCE COMPANY, v. COASTAL ENVIRONMENTAL GROUP v. v., 368 F. Supp. 3d 429 (E.D.N.Y. 2018)

. . . See 6 Weinstein's Federal Evidence § 1006.08 (2018) ("[C]harts, summaries and calculations that are originals . . .

S. J. v. THOMAS, 233 So. 3d 490 (Fla. Dist. Ct. App. 2017)

. . . Education Code as a whole, however, the trial court looked only to one section of the Code, section 1006.08 . . . Section 1006.08(1) notes the authority of various school employees to place disruptive students “in an . . . The trial court’s reading of section 1006.08 does not give the Legislature’s intent full consideration . . . The Legislature’s determination in section 1006.08 that students who are expelled should be protected . . . The Education Code, in sections other than section 1006.08, provides APA protections to students who . . .

UNITED STATES v. L. MOORE,, 651 F.3d 30 (D.C. Cir. 2011)

. . . See generally 6 Weinstein’s Federal Evidence §§ 1006.04[3], 1006.08[4]. . . .

A. B. E. v. SCHOOL BOARD OF BREVARD COUNTY,, 33 So. 3d 795 (Fla. Dist. Ct. App. 2010)

. . . 22, 2008, Superintendent DiPatri wrote in part: This is to inform you that based on Florida Statute 1006.08 . . .

UNITED STATES v. PALAZZO, M. D. Ph. D. MMM,, 372 F. App'x 445 (5th Cir. 2010)

. . . See Weinstein's Federal Evidence § 1006.08(4]; United States v. . . .

UNITED STATES oF v. W. McELROY J., 587 F.3d 73 (1st Cir. 2009)

. . . Berger, Weinstein’s Federal Evidence § 1006.08[4] (2d ed.2009). . . . .

R. LORRAINE v. MARKEL AMERICAN INSURANCE COMPANY,, 241 F.R.D. 534 (D. Md. 2007)

. . . summaries of voluminous electronic writings, recordings or photographs under Rule 1006, Weinstein at § 1006.08 . . .

UNITED STATES, v. A. MILKIEWICZ,, 470 F.3d 390 (1st Cir. 2006)

. . . Bray, 139 F.3d at 1111; see also Janati, 374 F.3d at 273; 6 Weinstein’s Federal Evidence § 1006.08[4] . . . because such devices tend to be “more akin to argument than evidence,” 6 Weinstein’s Federal Evidence § 1006.08 . . . ourts often do not permit demonstrative evidence in the jury room.”); 6 Weinstein’s Federal Evidence § 1006.08 . . .

In TELIGENT, INC. P. C. v., 315 B.R. 308 (Bankr. S.D.N.Y. 2004)

. . . McLaughlin, Weinstein’s Federal Evidence § 1006.08[4], at 1006-23 to 1006-27 (2d ed.2004). . . .

VERIZON DIRECTORIES CORP. v. YELLOW BOOK USA, INC., 331 F. Supp. 2d 136 (E.D.N.Y. 2004)

. . . .”); Berger, supra, at § 1006.08[4] (citing court’s authority under Rule 611(a)). . . . See Berger, supra, at § 1006.08[4] (“Pedagogical-device summaries are used to summarize evidence, but . . . Berger, supra, at § 1006.08[4]. B. . . .

UNITED STATES v. RAY,, 370 F.3d 1039 (10th Cir. 2004)

. . . Berger, Weinstein’s Federal Evidence ¶ 1006.08 (2d ed.2004). . . .

FRASER v. MAJOR LEAGUE SOCCER, L. L. C. L. P. L. L. C. L. L. C. L. L. C. L. P. L. P. L. P., 284 F.3d 47 (1st Cir. 2002)

. . . 99 S.Ct. 2168, 60 L.Ed.2d 1049 (1979); Fed.R.Evid. 611(a); see also 6 Weinstein's Federal Evidence § 1006.08 . . .

M. HERMAN, v. DAVIS ACOUSTICAL CORP., 21 F. Supp. 2d 130 (N.D.N.Y. 1998)

. . . Berger, Weinstein’s Federal Evidence, § 1006.08[4] (Joseph M. . . .