2014 School Law Issues Discipline 1

2014 LSA-R.S. 17:416 LSA-R.S. 17:416 regulates the suspension and expulsion of students in Louisiana public elementary and secondary schools. LSA-R.S. 17:416 regulates the suspension and expulsion of students in Louisiana public elementary and secondary schools. 2

2014 LSA-R.S. 17:416 The statute also authorizes teachers and principals to use other forms of discipline including, but not limited to: The statute also authorizes teachers and principals to use other forms of discipline including, but not limited to: temporary removal from the classroom; temporary removal from the classroom; in-school suspension; in-school suspension; detention; and detention; and classroom disciplinary actions. classroom disciplinary actions. 3

2014 Discipline Teacher’s Authority 4

2014 Discipline: Teacher’s Authority Every teacher shall endeavor to hold every pupil to a strict accountability for any disorderly conduct: in school; or on the playgrounds of the school; or on the street or road while going to or returning from school; or during intermission or recess. LSA-R.S. 17:416(A)(1)(a) 5

CORPORAL PUNISHMENT LSA-R.S. 17:223(A) LSA-R.S. 17:223(A) …Each parish and city school board shall have discretion in the use of corporal punishment. In those cases in which a parish or city school board decides to use corporal punishment, each parish or city school board shall adopt such rules and regulations as it deems necessary to implement and control any form of corporal punishment in the schools in its district. …Each parish and city school board shall have discretion in the use of corporal punishment. In those cases in which a parish or city school board decides to use corporal punishment, each parish or city school board shall adopt such rules and regulations as it deems necessary to implement and control any form of corporal punishment in the schools in its district

CORPORAL PUNISHMENT Jefferson Parish Public School System – Procedures and Policies: Jefferson Parish Public School System – Procedures and Policies: Corporal Punishment Corporal Punishment It is the policy of the Jefferson Parish Public School System that corporal punishment shall be defined as not more than three (3) swats on the buttocks with a paddle. It is the policy of the Jefferson Parish Public School System that corporal punishment shall be defined as not more than three (3) swats on the buttocks with a paddle. Elementary and middle school principals, and assistant principals may administer reasonable corporal punishment with prior written consent of the parent/legal guardian, in the presence of a witness, after other reasonable means of disciplining the student have been attempted. Elementary and middle school principals, and assistant principals may administer reasonable corporal punishment with prior written consent of the parent/legal guardian, in the presence of a witness, after other reasonable means of disciplining the student have been attempted

CORPORAL PUNISHMENT St. Tammany Parish Public Schools St. Tammany Parish Public Schools St. Tammany Parish Public School System District Handbook For Students and Parents Corporal Punishment Corporal Punishment The St. Tammany Parish Public School System does not allow corporal punishment in the School System. Complaints concerning instances of impermissible corporal punishment should be reported to the school principal or superintendent for investigation (page 15) The St. Tammany Parish Public School System does not allow corporal punishment in the School System. Complaints concerning instances of impermissible corporal punishment should be reported to the school principal or superintendent for investigation (page 15) 20148

CORPORAL PUNISHMENT E.B.R.P.S.S., in 2010, revoked their previous policy allowing corporal punishment. No mention is made of corporal punishment in the current student handbook. E.B.R.P.S.S., in 2010, revoked their previous policy allowing corporal punishment. No mention is made of corporal punishment in the current student handbook. St. James and St. John Parish school websites do not show a policy regarding corporal punishment. St. James and St. John Parish school websites do not show a policy regarding corporal punishment

A really good procedure to follow is: A really good procedure to follow is: “don’t hit them peoples chilren!!!!!”

2014 Suspension 11

2014 Suspensions A school principal may suspend a student from school or from riding on any school bus. A school principal may suspend a student from school or from riding on any school bus. 12

2014 Suspension Previously student who is suspended may not receive any credit for school work missed while he is suspended. This statute was changed in 2009 Previously student who is suspended may not receive any credit for school work missed while he is suspended. This statute was changed in 2009 Exception: A student serving an in-school suspension may receive credit for school work completed during the suspension. Exception: A student serving an in-school suspension may receive credit for school work completed during the suspension. 13

2014 Suspension A school may discipline a student for misconduct on school grounds: A school may discipline a student for misconduct on school grounds: that a teacher or school employee did not witness that a teacher or school employee did not witness but that was reported by an individual who was there when the violation occurred. but that was reported by an individual who was there when the violation occurred. The state discipline statute: The state discipline statute: does not prohibit anyone other than a teacher or school employee from reporting a violation does not prohibit anyone other than a teacher or school employee from reporting a violation it simply requires school boards to establish a procedure for teachers and school employees to report disciplinary violations. it simply requires school boards to establish a procedure for teachers and school employees to report disciplinary violations. Abadie v. St. Bernard Parish School Board, 485 So.2d 596 (La. App. 4th Cir. 1986). 14

2014 Expulsion 15

2014 Expulsion A public school principal must suspend and recommend expulsion of a student from all public schools in the school system for the remainder of the school year when the student: A public school principal must suspend and recommend expulsion of a student from all public schools in the school system for the remainder of the school year when the student: has been suspended 3 times during the current school year, and has been suspended 3 times during the current school year, and commits a 4 th offense during the same school year. commits a 4 th offense during the same school year. The student’s reinstatement from such an expulsion is subject to the review and approval of the local school board. The student’s reinstatement from such an expulsion is subject to the review and approval of the local school board. 16

2014 Expulsion Elected members of the school board, may by a vote of two-thirds of the board, expel a student who has been: Elected members of the school board, may by a vote of two-thirds of the board, expel a student who has been: convicted of a felony; or convicted of a felony; or incarcerated in a juvenile institution for an act that would have constituted a felony if it was committed by an adult, incarcerated in a juvenile institution for an act that would have constituted a felony if it was committed by an adult, for a period determined by the board. 17

2014 Expulsion A student who is expelled may not receive credit for school work missed while he is expelled. A student who is expelled may not receive credit for school work missed while he is expelled. 18

2014 Expulsion No student who has been expelled from a public school may be readmitted to a public school: No student who has been expelled from a public school may be readmitted to a public school: in the public school system from which he was expelled; or in the public school system from which he was expelled; or in any other Louisiana parish or city school system in any other Louisiana parish or city school system without the review and approval of the school board of the school system to which the student seeks to be admitted. 19

2014 Expulsion A student expelled from any: A student expelled from any: public or nonpublic school outside of Louisiana; or public or nonpublic school outside of Louisiana; or any Louisiana nonpublic school any Louisiana nonpublic school may not be admitted to any Louisiana public school without the review and approval of the governing body of the admitting school. 20

2014 Expulsion Any student expelled from a Louisiana public or nonpublic school or an out-of-state school must provide information about: Any student expelled from a Louisiana public or nonpublic school or an out-of-state school must provide information about: the dates of any expulsions; and the dates of any expulsions; and the reason or reasons he was expelled the reason or reasons he was expelled to any Louisiana public school or school system to which he is seeking admission. 21

2014 Expulsion When the student's records are transferred by any Louisiana public school system to any other public or nonpublic school, the records must include: When the student's records are transferred by any Louisiana public school system to any other public or nonpublic school, the records must include: information on the dates of any expulsions; and information on the dates of any expulsions; and the reason or reasons that the student was expelled. the reason or reasons that the student was expelled. 22

2014 Expulsion No student may be admitted to any Louisiana public school who was expelled from a public or nonpublic school for: No student may be admitted to any Louisiana public school who was expelled from a public or nonpublic school for: possessing a firearm, knife, or other dangerous weapon or instrumentality customarily used or intended for probable use as a dangerous weapon; or possessing a firearm, knife, or other dangerous weapon or instrumentality customarily used or intended for probable use as a dangerous weapon; or possessing, possessing with intent to distribute, or distributing, selling, giving, or loaning any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law possessing, possessing with intent to distribute, or distributing, selling, giving, or loaning any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law on school property or a school bus until he has enrolled and participated in an appropriate rehabilitation or counseling program related to the reason or reasons for his expulsion. 23

2014 Expulsion The required rehabilitation or counseling must be provided by existing or new programs approved by: The required rehabilitation or counseling must be provided by existing or new programs approved by: the juvenile or family court having jurisdiction, if applicable; or the juvenile or family court having jurisdiction, if applicable; or by the school system. by the school system. The required rehabilitation or counseling programs must be at no additional cost to the school system. The required rehabilitation or counseling programs must be at no additional cost to the school system. 24

2014 Expulsion The statutory requirements for enrollment and participation in a rehabilitation or counseling program must be waived by the school system if the student makes a documented showing: The statutory requirements for enrollment and participation in a rehabilitation or counseling program must be waived by the school system if the student makes a documented showing: that no appropriate program is available in the area; or that no appropriate program is available in the area; or that the student cannot enroll or participate due to financial hardship. that the student cannot enroll or participate due to financial hardship. 25

2014 Expulsion Drug Offenses 26

2014 Extended Expulsion A principal must immediately suspend and recommend the expulsion of a student who is: found possessing any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law, in any form, on school property, on a school bus, or at a school sponsored event. 27

2014 Extended Expulsion Exception: The statute does not apply to a student who possesses a controlled dangerous substance obtained from a licensed physician directly or pursuant to a valid prescription or order. Exception: The statute does not apply to a student who possesses a controlled dangerous substance obtained from a licensed physician directly or pursuant to a valid prescription or order. The student must carry evidence or the prescription or doctor's order on his person at all times when in possession of any controlled dangerous substance. The student must carry evidence or the prescription or doctor's order on his person at all times when in possession of any controlled dangerous substance. The evidence of the prescription or physician's order is subject to verification. The evidence of the prescription or physician's order is subject to verification. 28

2014 Extended Expulsion The period of the expulsion for possession of a controlled dangerous substance: is contingent on the age and grade level of the student; and varies from a minimum expulsion of 12 calendar months to a minimum period of 24 calendar months. The school system may place such a student in a SBESE approved alternative education program for suspended and expelled students if the student agrees to participate and participates full time in a juvenile court drug program operated by a state court. 29

2014 Extended Expulsion The principal must immediately suspend and recommend expulsion of any student who: The principal must immediately suspend and recommend expulsion of any student who: distributes, sells, gives, or loans any controlled dangerous substance governed by the Controlled Dangerous Substances Law, in any form distributes, sells, gives, or loans any controlled dangerous substance governed by the Controlled Dangerous Substances Law, in any form on school property; on school property; on a school bus; or on a school bus; or at a school event. at a school event. 30

2014 Extended Expulsion As with simple possession, the period a student may be expelled for knowledge of and intentional distribution of, or possession with intent to distribute any illegal narcotic, drug, or other controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law: As with simple possession, the period a student may be expelled for knowledge of and intentional distribution of, or possession with intent to distribute any illegal narcotic, drug, or other controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law: is contingent on the age and grade level of the student; and is contingent on the age and grade level of the student; and varies from a minimum expulsion of 12 calendar months to a minimum period of 24 calendar months. varies from a minimum expulsion of 12 calendar months to a minimum period of 24 calendar months. The school system may place such a student in a SBESE approved alternative education program for suspended and expelled students if the student agrees to participate and participates full time in a juvenile court drug program operated by a state court. The school system may place such a student in a SBESE approved alternative education program for suspended and expelled students if the student agrees to participate and participates full time in a juvenile court drug program operated by a state court. 31

2014 Substance Abuse Offenses The school principal or his designee must refer the student for testing or screening by a qualified medical professional for evidence of abuse of alcohol, illegal narcotics, drugs, or other controlled dangerous substances within 5 days after the student is arrested for: The school principal or his designee must refer the student for testing or screening by a qualified medical professional for evidence of abuse of alcohol, illegal narcotics, drugs, or other controlled dangerous substances within 5 days after the student is arrested for: possession of; or possession of; or intentional distribution of, or intentional distribution of, or possession with intent to distribute possession with intent to distribute any illegal narcotic, drug, or other controlled substance on school property. 32

2014 Substance Abuse Offenses Where evidence of abuse is found, the student must be referred to an alcohol and drug abuse treatment professional chosen by the student's parent or tutor. Where evidence of abuse is found, the student must be referred to an alcohol and drug abuse treatment professional chosen by the student's parent or tutor. 33

2014 Substance Abuse Offenses To initiate reopening the student’s case: To initiate reopening the student’s case: documentation that he was found to need treatment by an alcohol and drug abuse treatment professional; and documentation that he was found to need treatment by an alcohol and drug abuse treatment professional; and a medical professional’s written certification that the student has agreed to cooperate in the recommended treatment a medical professional’s written certification that the student has agreed to cooperate in the recommended treatment may be used. The school board must consider the student's agreement to receive treatment as a positive factor in the final decision concerning any final disciplinary action. The school board must consider the student's agreement to receive treatment as a positive factor in the final decision concerning any final disciplinary action. 34

2014 Expulsion Weapons Offenses 35

2014 Expulsion The principal must immediately suspend and recommend the expulsion of a student: The principal must immediately suspend and recommend the expulsion of a student: found carrying or possessing a knife with a blade that is 2 or more inches long. found carrying or possessing a knife with a blade that is 2 or more inches long. No student shall be permitted to carry or possess a knife of any blade length. No student shall be permitted to carry or possess a knife of any blade length. The principal may suspend a student found carrying or possessing a knife with a blade less than 2”. The principal may suspend a student found carrying or possessing a knife with a blade less than 2”. At a minimum, in appropriate cases the student must be placed in in-school suspension. At a minimum, in appropriate cases the student must be placed in in-school suspension. 36

2014 Expulsion Exceptions: Exceptions: The principal may, but is not required to recommend the expulsion of a student in kindergarten through grade 5 found possessing a knife with a blade that is 2 inches or longer. The principal may, but is not required to recommend the expulsion of a student in kindergarten through grade 5 found possessing a knife with a blade that is 2 inches or longer. The statute's provisions do not apply to a student carrying or possessing a knife for involvement in: The statute's provisions do not apply to a student carrying or possessing a knife for involvement in: a school class or course; or a school class or course; or school approved co-curricular or extracurricular activity. school approved co-curricular or extracurricular activity. 37

2014 Expulsion Exception: School officials must exercise discretion in imposing any disciplinary action for possession of a knife on school property: Exception: School officials must exercise discretion in imposing any disciplinary action for possession of a knife on school property: when the knife is stored in a motor vehicle; and when the knife is stored in a motor vehicle; and there is no evidence of the pupil’s intent to use the knife in a criminal manner. there is no evidence of the pupil’s intent to use the knife in a criminal manner. 38

2014 Expulsion The principal must immediately suspended, and recommend expulsion of a student: found carrying or possessing other dangerous instrumentalities. 39

2014 Gun Free Schools Act States that receive federal funds are required by the Gun-Free Schools Act to have a state law in effect requiring LEAs to expel students who have brought a weapon to school for a period of not less than one year. States that receive federal funds are required by the Gun-Free Schools Act to have a state law in effect requiring LEAs to expel students who have brought a weapon to school for a period of not less than one year. The term "weapon" means a firearm as defined in section 921 of Title 18. The term "weapon" means a firearm as defined in section 921 of Title 18. A state statute may allow a LEA chief administrative officer to modify such an expulsion on a case-by-case basis. A state statute may allow a LEA chief administrative officer to modify such an expulsion on a case-by-case basis. A State may allow a LEA to provide educational services in an alternative setting to such students. A State may allow a LEA to provide educational services in an alternative setting to such students. 40

2014 Gun Free Schools Act Louisiana has adopted the provisions required by the Gun-Free Schools Act in LSA-R.S. 17:416. Louisiana has adopted the provisions required by the Gun-Free Schools Act in LSA-R.S. 17:

2014 Extended Expulsion Under Louisiana law, the principal must immediately suspend, and recommend the expulsion of any student: Under Louisiana law, the principal must immediately suspend, and recommend the expulsion of any student: found carrying or possessing a firearm. found carrying or possessing a firearm. 42

2014 Gun Free Schools Act A Louisiana student found guilty of being in possession of a firearm on school property pursuant to a hearing authorized by R.S. 17:416(C)(1) must be: A Louisiana student found guilty of being in possession of a firearm on school property pursuant to a hearing authorized by R.S. 17:416(C)(1) must be: expelled from school for a minimum period of 12 calendar months; and expelled from school for a minimum period of 12 calendar months; and referred to the District Attorney for appropriate action. referred to the District Attorney for appropriate action. 43

2014 Extended Expulsion The Louisiana statute's provisions do not apply to a student carrying or possessing a firearm for purposes of involvement in: The Louisiana statute's provisions do not apply to a student carrying or possessing a firearm for purposes of involvement in: a school class or course; or a school class or course; or school approved co-curricular or extracurricular activity. school approved co-curricular or extracurricular activity. 44

2014 Gun Free Schools Act Louisiana school officials have total discretion and must exercise that discretion in imposing any disciplinary action for possession of a firearm on school property when: Louisiana school officials have total discretion and must exercise that discretion in imposing any disciplinary action for possession of a firearm on school property when: the firearm is stored in a motor vehicle; and the firearm is stored in a motor vehicle; and there is no evidence of the pupil’s intent to use the firearm in a criminal manner. there is no evidence of the pupil’s intent to use the firearm in a criminal manner. 45

2014 Gun Free Schools Act The Louisiana statute also provides for probationary readmission at anytime during the specified period of expulsion for a student expelled from school for the possession of a firearm on school property, on a school bus, or at a school event. The Louisiana statute also provides for probationary readmission at anytime during the specified period of expulsion for a student expelled from school for the possession of a firearm on school property, on a school bus, or at a school event. 46

2014 Students with Disabilities Where the student who brought a weapon to school is a child with disabilities, a LEA may place the child in an interim alternative education setting for not more than 45 days. Where the student who brought a weapon to school is a child with disabilities, a LEA may place the child in an interim alternative education setting for not more than 45 days. Where the parents request a due process hearing in connection with a weapons offense, the child must remain in the alternative education setting during the proceedings unless the parents and local education agency agree otherwise. Where the parents request a due process hearing in connection with a weapons offense, the child must remain in the alternative education setting during the proceedings unless the parents and local education agency agree otherwise. howback=Y howback=Y howback=Y howback=Y 47

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2014 Other Consequences Suspension of Driver’s License for Designated Disciplinary Actions 49

2014 What Disciplinary Actions May Result in Driver’s License Suspension? For purposes of suspension of a student’s driver’s license, the term “disciplinary action’ means: For purposes of suspension of a student’s driver’s license, the term “disciplinary action’ means: a suspension or expulsion from school or assignment to an alternative educational setting a suspension or expulsion from school or assignment to an alternative educational setting for ten or more consecutive school days for ten or more consecutive school days for infractions involving: for infractions involving: the sale or possession of drugs, alcohol, or any other illegal substance; or the sale or possession of drugs, alcohol, or any other illegal substance; or the possession of a firearm; or the possession of a firearm; or assault or battery on a member of the school faculty or staff assault or battery on a member of the school faculty or staff 50

2014 Which Students Do the Driver’s License Suspension Provisions Apply To? Any student: Any student: between the ages of 14 and 18 years old between the ages of 14 and 18 years old suspended, expelled or assigned to an alternative educational setting for 10 or more consecutive school days for infractions involving: suspended, expelled or assigned to an alternative educational setting for 10 or more consecutive school days for infractions involving: possession or sale of drugs, alcohol or illegal substances; possession or sale of drugs, alcohol or illegal substances; possession of a firearm; or possession of a firearm; or assault or battery on a member of the school faculty or staff assault or battery on a member of the school faculty or staff 51

2014 How Long is the Student’s Driver’s License Suspended? After the principal or headmaster of a public or private school notifies the Department of Public Safety and Corrections, Office of Motor Vehicles, the student’s driver’s license must be suspended for a period of one year. After the principal or headmaster of a public or private school notifies the Department of Public Safety and Corrections, Office of Motor Vehicles, the student’s driver’s license must be suspended for a period of one year. 52

2014 Probationary Readmission 53

2014 Probationary Readmission During the specified period of expulsion, a student may be readmitted to school on a probationary basis, who was expelled from school for: During the specified period of expulsion, a student may be readmitted to school on a probationary basis, who was expelled from school for: possession of a firearm on school property, or on a school bus, or at a school event; or possession of a firearm on school property, or on a school bus, or at a school event; or possession of, or knowledge of and intentional distribution of, or possession with intent to distribute any illegal narcotic, drug, or other controlled substance on school property, on a school bus, or at a school event. possession of, or knowledge of and intentional distribution of, or possession with intent to distribute any illegal narcotic, drug, or other controlled substance on school property, on a school bus, or at a school event. 54

2014 Probationary Readmission Unless a judge finds otherwise, the probationary readmission provisions of the statute are not applicable to any student: Unless a judge finds otherwise, the probationary readmission provisions of the statute are not applicable to any student: found guilty or adjudicated a delinquent by a court of competent jurisdiction, of a criminal violation of any provision of Title 14 of the Louisiana Revised Statutes; and found guilty or adjudicated a delinquent by a court of competent jurisdiction, of a criminal violation of any provision of Title 14 of the Louisiana Revised Statutes; and the criminal violation is related to the reason the student was suspended. the criminal violation is related to the reason the student was suspended. 55

2014 Probationary Readmission The probationary readmission of a student who has been expelled will be on such terms and conditions as the public school board stipulates. The probationary readmission of a student who has been expelled will be on such terms and conditions as the public school board stipulates. The student and his parent or other person responsible for his school attendance must agree in writing to those terms and conditions. The student and his parent or other person responsible for his school attendance must agree in writing to those terms and conditions. 56

2014 Probationary Readmission The terms and conditions for probationary readmission may include, but are not limited to, placing the student in an alternative education program determined by the school board. The terms and conditions for probationary readmission may include, but are not limited to, placing the student in an alternative education program determined by the school board. Any written agreement for probationary readmission must include a provision that the student will be immediately removed from the school premises without the benefit of any hearing or other procedure applicable to student suspensions and expulsions when the school principal or superintendent determines that the student has violated any term or condition of the agreement. Any written agreement for probationary readmission must include a provision that the student will be immediately removed from the school premises without the benefit of any hearing or other procedure applicable to student suspensions and expulsions when the school principal or superintendent determines that the student has violated any term or condition of the agreement. 57

2014 Probationary Readmission As soon as possible after the immediate removal of the student for violation of a condition of the agreement, the principal or the principal’s designee must: As soon as possible after the immediate removal of the student for violation of a condition of the agreement, the principal or the principal’s designee must: provide verbal notice to the superintendent of schools; provide verbal notice to the superintendent of schools; attempt to provide verbal notice to the student's parent or other person responsible for the student's school attendance; and attempt to provide verbal notice to the student's parent or other person responsible for the student's school attendance; and provide written notice of the determination and the reasons for it to: provide written notice of the determination and the reasons for it to: the superintendent; and the superintendent; and the student's parent or other responsible person. the student's parent or other responsible person. 58

2014 Alternative Education Programs 59

2014 Alternative Education Programs A school system must provide an alternative education program for students who are: A school system must provide an alternative education program for students who are: suspended; or suspended; or expelled. expelled. But the school system is not required to provide an alternative education program for a student who is suspended for 10 days or less. But the school system is not required to provide an alternative education program for a student who is suspended for 10 days or less. 60

2014 Alternative Education Programs Alternative education programs offer variations of traditional instructional programs and strategies. Alternative education programs offer variations of traditional instructional programs and strategies. 61

2014 Alternative Education Programs Alternative education programs are designed to increase the likelihood that students who are: Alternative education programs are designed to increase the likelihood that students who are: unmotivated or unsuccessful in traditional programs; or unmotivated or unsuccessful in traditional programs; or disruptive in the traditional school environment disruptive in the traditional school environment remain in school and obtain a high school diploma. 62

2014 Alternative Education Programs Alternative education programs may include, but not be limited to, programs: Alternative education programs may include, but not be limited to, programs: that hold students to strict standards of behavior; that hold students to strict standards of behavior; in highly structured and controlled environments. in highly structured and controlled environments. 63

2014 Alternative Education Programs Alternative education programs are sometimes referred to as: Alternative education programs are sometimes referred to as: boot camps; boot camps; police schools; or police schools; or court schools. court schools. 64

2014 Alternative Education Programs The school system is not required to provide transportation to an alternative education program to a suspended or expelled student: The school system is not required to provide transportation to an alternative education program to a suspended or expelled student: if transportation to the alternative education program will result in additional transportation costs to the school system. if transportation to the alternative education program will result in additional transportation costs to the school system. 65

2014 Alternative Education Programs A school system may not be held liable for any suspended or expelled student who: A school system may not be held liable for any suspended or expelled student who: provides his own transportation to an alternative education program; or provides his own transportation to an alternative education program; or is attending an alternative education program at a location other than a school site. is attending an alternative education program at a location other than a school site. 66

2014 Alternative Education Programs If an expelled student is attending an alternative education program and exhibits disorderly conduct he will: If an expelled student is attending an alternative education program and exhibits disorderly conduct he will: be dismissed from the alternative education program; and be dismissed from the alternative education program; and not be permitted to return to the alternative education program until the period of expulsion has ended. not be permitted to return to the alternative education program until the period of expulsion has ended. 67

2014 Alternative Education Programs The SBESE is authorized to define economically justifiable reasons that make a school system unable to comply with the requirement to provide an alternative education program for suspended or expelled students. The SBESE is authorized to define economically justifiable reasons that make a school system unable to comply with the requirement to provide an alternative education program for suspended or expelled students. 68

2014 Alternative Education Programs A school system that is unable to comply with the alternative education program requirements for economically justifiable reasons may apply to the SBESE for a waiver of those requirements on a year to year basis. A school system that is unable to comply with the alternative education program requirements for economically justifiable reasons may apply to the SBESE for a waiver of those requirements on a year to year basis. 69

2014 Alternative Education Programs The SBESE must review and consider any request for a waiver of the alternative education program requirements. The SBESE must review and consider any request for a waiver of the alternative education program requirements. The SBESE may not approve the waiver request until the accuracy and validity of the information submitted as justification is certified by the Superintendent of Education. The SBESE may not approve the waiver request until the accuracy and validity of the information submitted as justification is certified by the Superintendent of Education. 70

2014 Parent Conferences 71

2014 Parent Conference The principal or the principal's designee must establish a date and time for a conference with the principal or the principal's designee as a requirement for readmitting the student. The principal or the principal's designee must establish a date and time for a conference with the principal or the principal's designee as a requirement for readmitting the student. 72

2014 Parent Conference If the parent fails to attend the required conference with the principal or the principal's designee within five (5) school days of mailing the certified letter or other contact with the parent, state truancy laws become effective. If the parent fails to attend the required conference with the principal or the principal's designee within five (5) school days of mailing the certified letter or other contact with the parent, state truancy laws become effective. Once a year, the principal may determine whether readmitting the child is in the child’s best interests when the parent refuses to respond. Once a year, the principal may determine whether readmitting the child is in the child’s best interests when the parent refuses to respond. On any subsequent occasions in the same year, the child may not be readmitted unless the parent responds. On any subsequent occasions in the same year, the child may not be readmitted unless the parent responds. 73

2014 Parent Conference The principal or his designee may file a complaint with the juvenile court: The principal or his designee may file a complaint with the juvenile court: under Children's Code Articles 730(8) and 731 where the parent of a child who: under Children's Code Articles 730(8) and 731 where the parent of a child who: has been suspended or expelled; has been suspended or expelled; is under the age of eighteen; and is under the age of eighteen; and Is not judicially emancipated or emancipated by marriage Is not judicially emancipated or emancipated by marriage willfully refuses to attend a conference or meeting regarding the child's behavior; and/ or under Children's Code Article 730(1) or any other applicable ground when, in his judgment, doing so is in the child’s best interests. under Children's Code Article 730(1) or any other applicable ground when, in his judgment, doing so is in the child’s best interests. 74

2014 Due Process 75

2014 Due Process A 10 day suspension from school: A 10 day suspension from school: is not de minimus; and is not de minimus; and may not be imposed in complete disregard of the Due Process Clause. may not be imposed in complete disregard of the Due Process Clause. Students facing suspension and the consequent interference with a protected property interest at a very minimum must: Students facing suspension and the consequent interference with a protected property interest at a very minimum must: be given some kind of notice; and be given some kind of notice; and afforded some kind of hearing. afforded some kind of hearing. Goss v. Lopez, 419 U.S. 565 (1975). 76

2014 Due Process The interests of students facing temporary suspension qualify for the protection of the Due Process Clause. The interests of students facing temporary suspension qualify for the protection of the Due Process Clause. Due process requires that a student facing a suspension for 10 days or less be given: Due process requires that a student facing a suspension for 10 days or less be given: oral or written notice of the charges against him; and oral or written notice of the charges against him; and an explanation of the evidence the authorities have and an opportunity to present his side of the story if he denies the charges. an explanation of the evidence the authorities have and an opportunity to present his side of the story if he denies the charges. There is no need to delay between the time notice is given and the time of the hearing. Goss v. Lopez, 419 U.S. 565 (1975). 77

2014 Due Process Notice and a hearing should precede the student’s removal school as a general rule. Notice and a hearing should precede the student’s removal school as a general rule. A student may be immediately removed from school without the required notice and hearing where a student’s presence poses: A student may be immediately removed from school without the required notice and hearing where a student’s presence poses: a continuing danger to persons or property; or a continuing danger to persons or property; or an ongoing threat of disruption to the academic process an ongoing threat of disruption to the academic process In such cases, the notice and rudimentary hearing should be given as soon as practicable after the removal. Goss v. Lopez, 419 U.S. 565 (1975). 78

2014 Due Process More formal due process procedures may be required for: More formal due process procedures may be required for: suspensions for more than 10 days; or suspensions for more than 10 days; or expulsions for the remainder of the year. expulsions for the remainder of the year. Goss v. Lopez, 419 U.S. 565 (1975). 79

2014 Due Process R. S. 17:416 A(1)(b)(i) requires that before any suspension or expulsion, the school principal or the principal's designee must: R. S. 17:416 A(1)(b)(i) requires that before any suspension or expulsion, the school principal or the principal's designee must: advise the student of: advise the student of: the particular misconduct that he is accused of; and the particular misconduct that he is accused of; and the basis for that accusation; and the basis for that accusation; and give the student an opportunity to explain his version of the facts to the principal or the principal's designee. give the student an opportunity to explain his version of the facts to the principal or the principal's designee. 80

2014 Due Process Participation in interscholastic athletics is not a constitutionally protected interest or right and falls outside of the protection of due process. Participation in interscholastic athletics is not a constitutionally protected interest or right and falls outside of the protection of due process. A high school coach, in any sport, may discipline his players, and a due process hearing is not a prerequisite to such discipline. A high school coach, in any sport, may discipline his players, and a due process hearing is not a prerequisite to such discipline. In Bonner, a high school varsity basketball player was dismissed from the varsity basketball team for the remainder of the season after being suspended from school for 5 days for possession of alcohol on a school-sponsored trip. In Bonner, a high school varsity basketball player was dismissed from the varsity basketball team for the remainder of the season after being suspended from school for 5 days for possession of alcohol on a school-sponsored trip. Bonner v. Lincoln Parish School Board, 658 So.2d 432 (La. App. 2nd Cir. 1996). 81

2014 Due Process Louisiana law requires the principal or the principal's designee to provide the student's parent, tutor or guardian, with notice of: Louisiana law requires the principal or the principal's designee to provide the student's parent, tutor or guardian, with notice of: the student's suspension or expulsion; and the student's suspension or expulsion; and the reasons for the suspension or expulsion. the reasons for the suspension or expulsion. 82

2014 Due Process Under Louisiana law, the required notice to the student's parent, tutor or guardian of the student’s suspension or expulsion: Under Louisiana law, the required notice to the student's parent, tutor or guardian of the student’s suspension or expulsion: may consist of a telephone contact at the telephone number shown on the student's registration card; and may consist of a telephone contact at the telephone number shown on the student's registration card; and for all expulsions, must include a certified letter at the address shown on the student's registration card. for all expulsions, must include a certified letter at the address shown on the student's registration card. 83

2014 Due Process A school board may not expand the grounds to expel a student beyond the original charges given by the principal which stated the nature of the offense and reasons for recommending that the student be expelled. A school board may not expand the grounds to expel a student beyond the original charges given by the principal which stated the nature of the offense and reasons for recommending that the student be expelled. Labrosse v. St. Bernard Parish School Board, 483 So.2d 1253 (La. App. 4th Cir. 1986) 84

2014 Due Process A student’s constitutional right to due process is violated when: A student’s constitutional right to due process is violated when: the original charges in the notice are converted to other charges at a later time; the original charges in the notice are converted to other charges at a later time; a student is expelled following a hearing based on a charge that was never made against him; or a student is expelled following a hearing based on a charge that was never made against him; or if new grounds for expulsion were allowed to be interjected into civil proceedings after the administrative proceedings. if new grounds for expulsion were allowed to be interjected into civil proceedings after the administrative proceedings. Labrosse v. St. Bernard Parish School Board, 483 So.2d 1253 (La. App. 4th Cir. 1986) 85

2014 Due Process The student’s parent has the right to appeal the child’s suspension to the city or parish superintendent of schools or the superintendent's designee. The student’s parent has the right to appeal the child’s suspension to the city or parish superintendent of schools or the superintendent's designee. In such an appeal, the superintendent or the superintendent's designee will conduct a hearing on the merits. In such an appeal, the superintendent or the superintendent's designee will conduct a hearing on the merits. The superintendent has the right to remit any portion of the suspension time. The superintendent has the right to remit any portion of the suspension time. The superintendent's decision on the merits of the case, and the term of suspension, is final. The superintendent's decision on the merits of the case, and the term of suspension, is final. 86

2014 Due Process When the principal recommends a student’s expulsion, the superintendent or the superintendent’s designee will conduct a hearing: When the principal recommends a student’s expulsion, the superintendent or the superintendent’s designee will conduct a hearing: to determine the facts of the case; and to determine the facts of the case; and to make a finding of whether or not the student is guilty of conduct warranting the expulsion recommendation. to make a finding of whether or not the student is guilty of conduct warranting the expulsion recommendation. 87

2014 Due Process Until the hearing takes place, the student will remain suspended from the school. Until the hearing takes place, the student will remain suspended from the school. The student may be represented at the hearing by any person of his choice. The student may be represented at the hearing by any person of his choice. The concerned teacher must be permitted to attend the hearing and to present information that the teacher believes to be relevant. The concerned teacher must be permitted to attend the hearing and to present information that the teacher believes to be relevant. Any person appointed by the superintendent may represent the principal and/or the teacher concerned at the hearing. Any person appointed by the superintendent may represent the principal and/or the teacher concerned at the hearing. 88

2014 Due Process After the hearing, the superintendent, or the superintendent’s designee, must determine: After the hearing, the superintendent, or the superintendent’s designee, must determine: if the student will be expelled from the school system; or if the student will be expelled from the school system; or if other corrective or disciplinary action will be taken. if other corrective or disciplinary action will be taken. 89

2014 Due Process Within 5 days after the decision is rendered by the superintendent or his designee, the student’s parent may request the school board to review the findings at a time set by the school board. Within 5 days after the decision is rendered by the superintendent or his designee, the student’s parent may request the school board to review the findings at a time set by the school board. Where the parent or tutor does not request a review within the time specified by law, the decision of the superintendent or his designee will become final. Where the parent or tutor does not request a review within the time specified by law, the decision of the superintendent or his designee will become final. 90

2014 Due Process When a review is requested, the school board may affirm, modify, or reverse the action previously taken, after reviewing the superintendent’s findings. When a review is requested, the school board may affirm, modify, or reverse the action previously taken, after reviewing the superintendent’s findings. When the school board upholds the superintendent’s action, the parent may appeal the adverse ruling to a state or federal district court within 10 days. When the school board upholds the superintendent’s action, the parent may appeal the adverse ruling to a state or federal district court within 10 days. The court may reverse or revise the school board’s ruling if they find that there was an absence of any relevant evidence to support the school board’s ruling. The court may reverse or revise the school board’s ruling if they find that there was an absence of any relevant evidence to support the school board’s ruling. 91