Mylag Team
Jan 29, 2026
Rules that follow you inside and outside the classroom.
Students have important legal rights both in and out of school, but many teenagers are unaware of the protections they are entitled to or the limits schools can place on their behavior. In Florida and across the country, students are protected by laws and constitutional principles which affirm that students do not lose their rights to free expression at school. At the same time, schools have the authority to enforce rules to maintain safety and order, creating a balance between student freedom and school discipline. This guide is designed to help students understand their rights regarding speech, privacy, discipline, and due process, so they can advocate for themselves and navigate school policies with confidence and awareness.
School Rules and The Law
How Florida Law Governs School Policy
Florida K-12 public schools operate under the authority of the Florida Department of Education, therefore, they must follow state statutes and regulations.
School boards may create varying rules but they cannot contradict state law.
The school's student code of conduct carries legal weight, which means that violating it can trigger consequences that go beyond school jurisdiction.
Student Codes of Conduct as Legal Documents
Every Florida public school district must adopt a code of student conduct that outlines prohibited behaviors and corresponding penalties. (Miami-Dade County Public School publishes this annually)
Courts have consistently upheld these codes as enforceable, meaning that discipline stemming from them can affect students’ academic and legal futures.
When School Rules Cross into Criminal Law
Some school rule violations, such as bringing a weapon, making threats and/or assault, are also criminal offenses under Florida law. A student may face school discipline and criminal charges for the same act under this statute.
Florida Statute § 1006.13 (a zero-tolerance policy) requires schools to refer certain offenses to law enforcement regardless of the school’s own disciplinary action.
Searches and Student Privacy
The Fourth Amendment at School
The Fourth Amendment protects against unreasonable searches and seizures.
However, the U.S Supreme Court ruled in New Jersey v. T.L.O (1985) that school officials do NOT need a warrant to search a student, they only need ‘reasonable suspicion’.
This is a lower bar than what police need outside of school settings, and it applies to backpacks, lockers and other personal items.
Locker and Vehicle Searches
In Florida, lockers are considered school property. Under § 1006.09, school principals may search lockers with reasonable suspicion.
Student vehicles on school property may also be searched with reasonable suspicion.
Therefore, students should assume lockers and cars on campus are not fully private and subject to search.
Cell Phones Searches
While the U.S Supreme Court ruled in Riley v. California (2014) that police need a warrant to search a cell phone, this case involved law enforcement, not school officials.
Florida schools may still search phones under the ‘reasonable suspicion ’ standard, especially if the phone is suspected to contain evidence of a school rule violation.
Discipline: Suspensions and Expulsions
Due Process Rights Before Suspension
The U.S. Supreme Court in Goss v. Lopez (1975) established that students facing suspension have due process rights under the 14th Amendment.
Before a suspension of 10 days or fewer, a student must receive: (1) oral or written notice of the charges, (2) an explanation of the evidence, and (3) an opportunity to tell their side.
For longer suspensions or expulsions, more formal procedures are required.
Florida Suspension and Expulsion Rules
Under Florida Statute §1006.07 school boards must establish policies for suspension and expulsion that include appeal rights.
In Miami-Dade, a student or parent can appeal the suspension decision. Expulsion requires a school board hearing.
Students with disabilities have additional protections under IDEA before being removed for more than 10 school days.
Zero-Tolerance Policies and Mandatory Referrals
Florida's zero-tolerance law (§1006.13) requires school districts to refer students to law enforcement for specific offenses: bringing firearms, making bomb threats, sexual battery, robbery (most instances), and more.
School discretion is limited in these cases — even if the principal wants to handle it internally, the law may require police involvement. Miami-Dade has its own zero-tolerance guidelines aligned with state law.
Student Records and Permanent Record
What FERPA Protects
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records. It applies to any school receiving federal funding .
FERPA gives parents (and students over 18) the rights to inspect records, request corrections, and control disclosure. Schools generally cannot share student records without consent.
Turning 18: When Rights Transfer to the Student
Under FERPA, when a student turns 18 or attends a postsecondary institution (any higher educational institution after high school), the rights that belonged to parents transfer to the student.
Parents lose automatic access to grades, discipline records, and other educational records, unless the student gives written consent.
Discipline on the Permanent Record
School disciplinary records, including suspensions and expulsions are part of the student's education record under FERPA. Colleges and employers may request these records.
Certain serious violations, especially those involving law enforcement referrals, may remain on record and affect college admissions and employment.
Social Media and Off Campus Behavior
Social Media Posts and School Discipline
Florida Courts and the U.S Supreme Court (Mahanoy Area School District v. B.L) have clarified that schools have limited authority to discipline students for off-campus speech, but the authority is not zero.
If a post causes substantial distribution to the school environment (threats, harassment, targeting staff), the school may discipline even if posted outside of school hours.
In Miami, posts involving fights, threats, or bullying classmates have led to suspensions.
Cyberbullying
Florida’s Jeffrey Johnston Stand Up For All Students Act (§ 1006.147) prohibits cyberbullying and requires school districts to have policies addressing it.
Cyberbullying that occurs off campus can still result in school discipline if it creates a hostile environment at school.
Schools must investigate reported incidents and take action, including notifying law enforcement if criminal behavior is suspected.
Off-Campus Incidents at School Events
Florida law extends school jurisdiction to off-campus school-sponsored events such as field trips, sports games, and dances.
A fight at a football game or drug use on a school bus can result in the same discipline as if it happened on school grounds.
Vaping, Drugs and Substance Issues
Vaping and E-Cigarettes at School
Possession or use of tobacco products, including e-cigarettes and vaping devices, is prohibited in, on or around school grounds under Florida Statute §386.212.
Miami-Dade’s code of conduct includes vaping as a disciplinable offense that can result in suspension and further action.
Selling or distributing vaping products to minors is also a criminal offense under Florida law.
Drug Possession and Zero-Tolerance
Under Florida's zero-tolerance policy (§1006.13), drug possession on school grounds, including marijuana and prescription drugs without authorization, can trigger mandatory law enforcement referral, suspension, and expulsion proceedings.
Even a first offense can result in referral to the juvenile justice system. Medical marijuana is not an exception; it remains prohibited on school property regardless of a valid prescription.
Substance Diversion Programs for Juveniles
Florida offers civil citation and diversion programs for first-time juvenile offenders caught with small amounts of controlled substances.
The Florida Department of Juvenile Justice administered these programs, which can allow a student to complete community service or a diversion course instead of entering the formal justice system.
School Police and Law Enforcement Interactions
School Resource Officers and their Authority
School Resource Officers are sworn law enforcement officers, not just school security guards. They have full arrest authority.
In Florida, the Marjory Stoneman Douglas Act §1006.12 requires all public schools to have either an SRO or a guardian on campus.
If an SRO questions or detains you, you are interacting with police, therefore, your Miranda rights apply if you are in custody.
Your Miranda Rights at School
If an SRO or police officer places you in custody and asks questions, Miranda rights apply. You have the right to remain silent and the right to an attorney.
However, if a school administrator (not a police officer) questions you about a school rule violation, Miranda rights generally do NOT apply.
Beware of who is questioning you in what capacity,as the answers you give the school staff can still be shared with police.
When Schools Must Involve Law Enforcement
Florida law requires schools to report specific incidents to police, including firearms, sexual battery, robbery, and battery causing bodily harm.
Schools cannot choose to ‘handle it internally’ for these offenses.
Additionally, under the MSD Act, threat assessment teams must assess any credible threat and may involve law enforcement even for incidents that don’t rise to criminal level.
College: Codes of Conduct, Housing and Off-Campus Behavior
College Codes of Conduct Are Separate from Criminal Law
College disciplinary proceedings are governed by institutional policy, not criminal law. A student can be found responsible under a school's code of conduct and even expelled, even if they are not criminally charged or even if criminal charges are dropped.
FERPA still protects records, but colleges can share certain disciplinary records with their parents if the student is a dependent under the IRS definition.
Title IX and Campus Sexual Misconduct
Title IX of the Education Amendments of 1972 prohibits sex-based discrimination, including sexual harassment and assault, at any school receiving federal funding.
Colleges must have a formal grievance process for Title IX complaints.
Both the accused and the accuser have rights in this process, including the right to an advisor.
Florida’s state universities follow both federal Title IX rules and Florida Board of Governors regulations.
Off-Campus Behavior That Leads to College Discipline
Many college codes of conduct extend jurisdiction to off-campus behavior, especially if it involves other students or reflects on the institution.
Arrests, social media posts, and incidents off-campus, can all trigger conduct proceedings.
Florida public universities also have their own student conduct rules established under Florida Board of Governors Regulations.
Housing Rules and Eviction from Dorms
College housing contracts are legally binding agreements separate from enrollment.
Violating dorm rules can result in removal from housing independently of academic discipline.
Florida public universities must still provide notice and some form of hearing before permanently removing a student from housing.
Emergency removals, for safety threats, can happen faster but still must be followed by a proper hearing.