General counsel reviews OCPS discipline rules and flags pending Supreme Court conversion‑therapy case
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Summary
OCPS general counsel reminded the board that the district investigates student misconduct using a preponderance standard, said parents can request their child not be interviewed, and warned a pending U.S. Supreme Court decision on conversion therapy could affect state bans.
Mister Pomerini, the district’s general counsel, reviewed the district’s code of conduct and reminded board members Oct. 14 that OCPS "stands in loco parentis" while students are in school and that the district investigates alleged student misconduct using the preponderance‑of‑the‑evidence standard.
Reading from the code, Pomerini said OCPS employees are authorized to interview students and collect witness statements but that "any student may refuse to participate in the investigation." He added that parents or guardians may submit a written request at the beginning of the year asking that their child not be questioned without the parent's presence, but that a student’s refusal does not stop the district from continuing the disciplinary investigation or administering consequences. Pomerini also noted that if behavior appears criminal, school resource officers or law enforcement may participate in the investigation.
Pomerini warned the board that work before the U.S. Supreme Court could change the landscape for therapists and state bans. He summarized a case from Colorado in which a licensed mental‑health professional sued, arguing a First Amendment right to engage in conversion therapy despite Colorado restrictions. "It appeared from the oral arguments...that a majority of the court is poised to say that mental health counselors do, in fact, have a First Amendment right to engage in conversion therapy," Pomerini said, adding that if the Supreme Court reaches that conclusion, existing bans could be held unconstitutional.
Board members discussed the implications. Member Gallo asked whether such a ruling would conflict with Florida's parent‑rights laws and noted the importance of parental notification; Pomerini said he believes Florida law and parental rights would remain controlling but that the board must wait for the Supreme Court's final opinion because federal rulings can override state law in limited circumstances.
Several members asked for further discussion of the code of conduct and the role of school resource officers in investigations. Member Vanos urged the board to balance parental rights with student rights. The board did not adopt any new policies at the meeting but several members asked staff to schedule a future, more detailed discussion of the code of conduct and SROs.
