Volusia County Schools rolls out new student code of conduct; board to vote in July

By Mark Harper

When Volusia County students return to class on Aug. 11, they will most likely have a new code of conduct and disciplinary procedures that district officials expect will draw clear boundaries for times when they step out of line.

The Volusia County School Board heard a presentation of the proposed changes June 24 and agreed to advertise the new policy for approval at the July 29 board meeting. It's the first comprehensive update of the code in more than 10 years, said Mike Micallef, executive director for graduation assurance and student services.

The current code is ambiguous and needs clarity, he said.

"It was a bunch of very broad definitions. Nothing was clear," Micallef said.

The goal of rewriting the code — with specific definitions and examples — is to make parents and students understand what is being enforced "so they can be on our side to help us out," Micallef said.

A new Code of Civility will be posted in every school.

"We want every interaction with family and students to be friendly, be positive, to work together," he said. "That's what this whole plan is about."

Student disciplinary/referrals drop in 2024-25

More than 55,000 referrals were written by teachers and staff during the 2024-25 school year. That's nearly one for every student.

But Micallef said the district saw an 18.5% reduction in student referrals in 2024-25 from the previous year, when more than 68,000 referrals were made.

All student groups showed improvement, including students with disabilities, English language learners, Black students, Hispanic students and economically disadvantaged students.

The drop is due to positive school cultures, an emphasis on academic, social and emotional growth, early and targeted student interventions, inclusive and supportive learning environments and "strengthening our whole-student philosophy," Micallef said.

How is the Volusia Code of Conduct changing for minor violations?

"Level I infractions are minor acts of misconduct that interfere with the orderly operation of the classroom, school function, extracurricular activities or approved transportation," according to a district presentation.

The policy is changed from a "general list of violations," to 11 specific infractions with a matrix of definitions and examples.

For instance, a bus disturbance (minor) is defined as any incident that interferes with the safe and orderly operation of a school bus. Specific examples include: Eating or drinking, using inappropriate language or gestures and standing or moving between seats.

Another example: Horseplay, defined as "engaging in non-confrontational physical contact with another student." Examples cited are: Pushing or shoving without intent to harm, running in hallways or classrooms and throwing objects without intent to harm.

The unauthorized use of electronic devices is also considered a Level 1 offense.

How will the district respond to a Level 1 violation?

The new code spells out the district's response to the violation. A first offense will require a student conference with a teacher or staff member, contacting the parent or guardian, loss of privileges for one to three days and a student reflection assignment.

A second offense results in a conference with a parent or guardian, detention for one to three days, the loss of privileges for one to five days and a behavior contract.

A third offense escalates the violation to a Level 2 infraction.

"A kid can't constantly have their cellphone out 27 times and just (result in) that parent call," Micallef said. "The infraction will now bump up to the severity of a Level 2 consequences where those will now ramp up."

Level 2 violations carry harsher penalties

The 27 Level 2 violations include more serious bus disturbances, such as yelling, screaming and playing loud music, or refusing to follow the bus driver's instructions; cheating; disrespect; "eloping," or running off school campus without permission; insubordination; inappropriate materials; skipping classes; use of tobacco.

The penalties include a mandatory parent/guardian conference, three- to five-day detentions, loss of privileges for 10 school days, with those penalties escalating for second and third offenses.

What constitutes a Level 3 offense?

Possession or use of alcohol, holding ammunition, bullying, burglary, major bus disruptions, consensual sex, cyberstalking, drug possession, harassment, hazing and gang activity are included among the listed offenses for a Level 3 violation. There are 50 listed and Level 3 acts "disrupt the educational environment or endanger health and safety."

Level 3 consequences include being assigned to an alternative education program, expulsion from school or bus, Saturday school, and referral to a counselor or psychologist.

Yes, there is a Level 4

Level 4 offenses start with expulsion. Those listed include assault/threat/intimidation, bomb threat, drug distribution or sale, an off-campus felony, possession of weapons, paintball or airsoft guns or lookalikes, riot and vandalism over $1,000. There are 21 total offenses and are considered "the most serious acts of misconduct that threaten school safety and require mandatory intervention."

Board member Donna Brosemer said teachers and administrators "get a lot of grief from the parents" when their children face discipline.

"How much of the enforcement is discretionary on the part of the individual school administrator?" Brosemer asked.

Micallef responded: "The discipline matrix should be their guide to lead them with their discipline process."

"So they don't necessarily have the discretion to say, 'Well, OK, we'll let it go this time'?" Brosemer asked.

"Yes they do have that discretion. They honestly could as a school principal," Micallef said. "Every student has a different story, every situation is different knowing that as a school-based leader myself, so you take those sometimes into consideration, but... the matrix is there to guide our decision making for any kind of infractions. That's what it's there for, for us to be consistent across the board."

New approach to bullying

Under the current code, bullying has a "very general" description with limited specificity about behaviors, patterns and reporting requirements, Micallef said.

The definition in the proposed code is: "Pattern of behavior displayed against multiple students or employees or repetitive behavior against a single student or employee which inflicts physical hurt or psychological distress that is severe or pervasive enough to create an intimidating, hostile or offensive environment; or unreasonably interfere with the individual's school performance or participation, including through electronic means. Behavior must have been reported to school officials and documented."

Board member Jessie Thompson asked whether parents must report bullying off campus or after hours.

"Yes. Anything ... that's going to turn into a campus event, and normally all of that does, they have to report it to the school and then the school would document it," Micallef said.

How new Florida law banning cellphones affects Volusia

House Bill 1105 ensures that elementary and middle school students are prohibited from using cellphones or other communication devices throughout the entire school day. Previously, cellphones were only barred from elementary schools statewide, although Volusia County Schools has already had a ban on cellphone use in both elementary and middle schools.

High school students are allowed to use their cellphones in designated areas to be determined by local school boards, although they are required under the new law to be put away in backpacks or pockets unless otherwise authorized by their teacher.

Board Chair Jamie Haynes said after implementing the cellphone policy last year banning them from elementary and middle schools, she didn't hear any complaints. High schools, though, became more permissive.