皇家华人

FILE:  JDE

Cf:  IDDG, JBC, JCD, JCDAC

Cf:  JCEB, JD, JDD, JDDA

 

EXPULSION

 

 

The 皇家华人 Parish School Board (鈥淏oard鈥�) through its Superintendent or designated Hearing Officers may expel a student from school if an offense committed by a student is for the major tier behavioral infractions involving weapons or drugs, or when the safety of students and staff has been put in jeopardy.  Prior to any expulsion the school principal or their designee shall advise the student of the particular misconduct of which the student is accused as well as the basis for such accusation, and the student shall be given an opportunity at that time to explain their version of the facts to the principal or designee.

 

The principal/designee shall contact the parent or legal guardian of the student to notify them of the recommendation for expulsion and establish a date and time for a conference with the principal or designee as a requirement for readmitting the student.  Notice shall be given by contacting the parent or legal guardian by telephone at the telephone number shown on the student鈥檚 registration card, or by electronic communication and additionally by a certified letter sent to the address shown on the student's registration card.

 

The principal or designee will follow the procedures for the conference with the parent as provided in the Handbook and provide the applicable documents to the parent or legal guardian.  If the parent or legal guardian fails to attend the required conference with the principal or designee within five (5) school days of notification, the truancy laws shall be effective.  The principal or designee shall forward all documents regarding the proposed expulsion including the completed AP No. 3 form to the Hearing Officer.

 

Upon the recommendation for expulsion of a student by the principal, the designated Hearing Officer shall conduct a hearing no later than fifteen (15) school days after the student鈥檚 removal from school unless an alternate date is agreed upon by all parties to determine the facts of the case and make a finding of whether or not the student is guilty of conduct warranting a recommendation of expulsion.  Written notification of the time, date, and place of the expulsion hearing shall be provided by the principal or Hearing Officer to the parents by expedited means and confirmed receipt of the notice including sending a certified letter return receipt requested.  If the parent or legal guardian is not present for the hearing after having been properly notified and confirmed receipt of the notice, the hearing may proceed and the results of the hearing shall be mailed to the parent or legal guardian within three (3) days of the conclusion of the hearing by certified mail, return receipt requested.

 

An expulsion hearing shall be conducted by a Hearing Officer in accordance with School Board policy and provisions outlined in the Handbook.  At the hearing, the principal and/or teacher concerned may be represented by any person appointed by the Superintendent and the concerned teacher shall be permitted to attend and present any relevant information.  Until the hearing, the student shall remain suspended from school with access to classwork and the opportunity to earn academic credit in an alternative setting such as at a Discipline Center.  The student may be represented by any person of the student鈥檚 choice.  The parent or legal guardian has the right to review and receive a copy of all information provided by the school to the Hearing Officer prior to the hearing.

 

Upon the conclusion of the hearing and upon finding the student guilty of conduct warranting expulsion, the Hearing Officer shall determine whether such student shall be expelled and the specified period of expulsion, or if other disciplinary action shall be taken as allowed by law.  Unless otherwise stipulated by state statutes, the period of expulsion shall not be less than one school semester and may carry over into the next school year, if necessary.  The Hearing Officer may for any conduct that does not involve firearms or drugs may reduce a recommendation for expulsion to an out-of-school suspension of more than ten (10) days in lieu of an expulsion.  During an expulsion or an out-of-school suspension in excess of ten (10) days, the Superintendent through the Hearing Officer shall place the student in an alternative school or in an alternative educational placement with academic instruction as provided or defined in La. Rev. Stat. Ann. 搂17:416.2.

 

General Counsel may review expulsion hearing records when he/she reasonably believes there is a legal issue which has surfaced either at the hearing level or from another source.  Should General Counsel determine that there is a legal issue serious enough to warrant, he/she may recommend to the Superintendent that the Hearing Officer鈥檚 decision be overturned and subject to the Superintendent鈥檚 final decision prior to the matter going to the School Board, should such be timely requested.

 

APPEALS

 

The parent or legal guardian of the student may, within five (5) days after the decision to expel has been rendered by the Hearing Officer, request the School Board to review the findings of the Hearing Officer at a time set by the School Board; otherwise, the decision shall be final.  Such review shall also be available to the parent or legal guardian of a student who was recommended for expulsion but whose discipline was reduced to a suspension.  After reviewing the findings of the Hearing Officer, the School Board may affirm, modify, or reverse the action of the Hearing Officer.

 

If the recommendation for expulsion after a hearing is reduced by the Hearing Officer to an out-of-school suspension, the parent or legal guardian of a student shall have the right to request review by the School Board of the findings of the Hearing Officer at a time set by the School Board.  Such request must be made within five (5) days after the decision is rendered, or the decision of the Hearing Officer shall be final.  The School Board may affirm, modify, or reverse the action previously taken.

 

The parent or legal guardian of the student may, within ten (10) school days, appeal to the 19th Judicial District Court an adverse ruling of the School Board in upholding the action of the Superintendent鈥檚 designated Hearing Officer imposing an expulsion or reducing a recommended expulsion to an out-of-school suspension.  The Court may reverse or revise the ruling of the School Board upon a finding that the ruling of the School Board was based on an absence of any relevant evidence in support thereof.

 

The parent or legal guardian of the student shall have such right of review by the School Board and by the 19th Judicial District Court, even if the recommendation for expulsion has been reduced to an out-of-school suspension of the student.

 

EXPULSION INVOLVING FIREARMS

 

Any student, age sixteen (16) or older, or under age sixteen (16) and in grades six (6) through twelve (12), who is found guilty of being in possession of a firearm on school property, on a school bus or in actual possession at a school-sponsored event, pursuant to a hearing before a Hearing Officer, shall be expelled from school for a minimum period of four (4) complete school semesters and shall be referred to the district attorney for appropriate action.

 

Any student in kindergarten through grade five (5) who is found guilty of being in possession of a firearm on school property, on a school bus, or in actual possession at a school-sponsored event, pursuant to a hearing before a Hearing Officer, shall be expelled from school for a minimum period of two (2) complete school semesters and shall be referred to the district attorney for appropriate action.

 

The Superintendent, however, may modify the length of the minimum expulsion required in the above paragraphs on a case-by-case basis, provided such modification is in writing.

 

EXPULSION INVOLVING DRUGS

 

Any student, sixteen (16) years of age or older, found guilty of 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-sponsored event, pursuant to a hearing before a Hearing Officer, shall be expelled from school for a minimum period of four (4) complete school semesters.

 

Any student who is under sixteen (16) years of age and in grades six (6) through twelve (12) and who is found guilty of 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-sponsored event pursuant to a hearing before a Hearing Officer shall be expelled from school for a minimum period of two (2) complete school semesters.

 

Any case involving a student in kindergarten through grade five (5) found guilty of 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-sponsored event, pursuant to a hearing before a Hearing Officer, shall be referred to the School Board through a recommendation for action from the Superintendent.

 

ADDITIONAL REASONS FOR RECOMMENDATIONS FOR EXPULSION

 

Students may also be recommended for expulsion for any of the following reasons:

 

  1. Any student who jeopardizes the safety of students or staff with a reasonable probability that physical harm, or serious injury or death could result or resulted to any student or staff.

  2. Any student, after being suspended for committing any of the offenses enumerated in Subsections B or C of La. Rev. Stat. Ann. 搂17:416 may be expelled upon recommendation of the principal to the Superintendent鈥檚 designated Hearing Officer.

  3. Any student who is found carrying or possessing a knife with a blade which equals or exceeds two and one-half (2 陆) inches in length.

  4. In accordance with federal regulations, a student determined to have brought a firearm to a school under the School Board's jurisdiction shall be expelled for a minimum of one calendar year.  The Superintendent may modify the expulsion requirement on a case-by-case basis.  A firearm shall have the same meaning given such term in (a).  Firearm means (A) any weapon (including a starter gun) which will or is designed to or may be readily converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon: (C) any firearm muffler or firearm silencer: or (D) any destructive device, which in turn means any explosive, incendiary or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine or similar device to any of the above described devices.

  5. Any student, after being suspended on three (3) occasions for committing offenses involving a firearm, knife or other dangerous instrumentality, or drugs, narcotics, or other controlled dangerous substances during the same school year, shall, upon committing the fourth offense, be expelled from all the public schools of the system until the beginning of the next regular school year, and the student's reinstatement shall be subject to the review and approval of the School Board.

  6. The conviction of any student of a felony or the incarceration of any student in a juvenile institution for an act which had it been committed by an adult, would have constituted a felony, may be cause for expulsion of the student for a period of time as determined by the School Board; such expulsions shall require the vote of two-thirds of the elected members of the School Board and not be for a period of time longer than the student鈥檚 period of adjudication as determined by the applicable court presiding over the student鈥檚 criminal matter and shall run concurrent with the student鈥檚 period of disposition.

 

EXPULSION NOT APPLICABLE

 

Expulsion shall not apply to the following:

 

  1. A student carrying or possessing a firearm or knife for purposes of involvement in a school class, course, or school approved co-curricular or extracurricular activity or any other activity approved by appropriate school officials.

  2. A student possessing any controlled dangerous substance that has been obtained directly or due to a valid prescription or order from a licensed physician.  However, such student shall carry evidence of that prescription or physician's order on his/her person at all times when in possession of any controlled dangerous substance which shall be subject to verification.

     

  3. In addition, school officials, in accordance with statutory provisions, shall have total discretion and shall exercise such discretion in imposing on a student any disciplinary actions authorized by state law for possession by a student of a firearm or knife on school property when such firearm or knife is stored in a motor vehicle and there is no evidence of the student's intent to use the firearm or knife in a criminal manner.

 

CREDIT FOR SCHOOL WORK MISSED

 

A student who is expelled and receives educational services at an alternative school site shall be assigned work by a certified teacher and shall receive credit for schoolwork if it is completed satisfactorily and timely as determined by the teacher.  Such work shall be aligned with the curriculum used at the school from which the student was expelled.

 

DRESS CODE VIOLATIONS

 

A student enrolled in grades prekindergarten through five shall not be suspended or expelled from school or suspended from riding on any school bus for a uniform violation that is not tied to willful disregard of school policies.

 

REQUIRED PARENT CONFERENCE

 

In each case of a recommendation for expulsion, the school principal, or his or her designee, shall contact the parent or legal guardian of the student to notify them of the expulsion, and establish a date and time for a conference with the principal or designee as a requirement for readmitting the student.  Affirmative notice shall be given by sending a certified letter to the address shown on the student's registration card.  Also, additional notification may be made by contacting the parent or legal guardian by telephone at the telephone number shown on the student's registration card, or face-to-face interaction.

 

If the parent or legal guardian fails to attend the required conference within five (5) school days of notification, the student may be considered a truant and dealt with according to all applicable statutory provisions.  On not more than one occasion each school year when the parents or legal guardian refuses to respond, the principal may determine whether readmitting the student is in the best interest of the student.  On any subsequent occasions in the same school year, the student shall not be readmitted unless the parent or legal guardian, court, or other appointed representative responds.

 

In any case where a teacher, principal, or other school employee is authorized to require the parent or legal guardian of a student to attend a conference or meeting regarding the student's behavior and after notice, the parent or legal guardian willfully refuses to attend, the principal or his or her designee shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction.

 

READMITTANCE FOLLOWING EXPULSION

 

Readmittance After All Expulsions

 

Any student expelled may be readmitted to school on a probationary basis at any time during the expulsion period on such terms and conditions as may be stipulated by the School Board.  Readmission to school on a probationary basis shall be contingent on the student and legal guardian or custodian agreeing in writing to the conditions stipulated. Any such agreement shall contain a provision for immediate removal of the student from school premises without benefit of a hearing or other procedure upon the principal or Superintendent determining the student has violated any term or condition of the agreement.  Immediately thereafter, the principal or designee shall provide proper notification in writing of the determination and reasons for removal to the Superintendent and the student's parent or legal guardian.

 

Readmittance After Expulsion for Firearms, Knives, Weapons, or Drugs

 

In addition to the readmittance provisions for all expulsions stated above, a student that has been expelled for possessing on school property or on a bus, a firearm, knife, or other dangerous weapon, or possessing or possession with intent to distribute or distributing, selling, giving, or loaning while on school property or a school bus any controlled dangerous substance shall not be enrolled or readmitted to any such school on a probationary basis prior to the completion of the period of expulsion until the student produces written documentation that he/she and his/her parent or legal guardian have enrolled and participated or is participating in an appropriate rehabilitation or counseling program related to the reason(s) for the student鈥檚 expulsion.  The rehabilitation or counseling programs shall be provided by such programs approved by the juvenile or family court having jurisdiction, if applicable, or by the School Board.  The requirement for enrollment and participation in a rehabilitation or counseling program shall be waived only upon a documented showing by the student that no appropriate program is available in the area or that the student cannot enroll or participate due to financial hardship.

 

Review of Records

 

A student who has been expelled from any school in or out of state shall not be admitted to a school in the school system except upon the review and approval of the School Board following the request for admission.  To facilitate the review and approval for readmittance, the student shall provide to the School Board information on the dates of any expulsions and the reasons therefor.  Additionally, the transfer of student records to any school or system shall include information on the dates of any expulsions and the reasons therefor.

 

RECUSAL OF ADMINISTRATOR IN DISCIPLINE MATTERS

 

Any school administrator or administrator's designee who is required to make a recommendation, decide an issue, or take action in a matter involving the discipline of a student shall recuse himself/herself whenever a member of the immediate family of the administrator or administrator's designee is involved in any manner in the discipline matter.  In case of recusal, the action to be taken shall be done so by the Superintendent or an impartial designee of the Superintendent.

 

Immediate family means the individual's children, brothers, sisters, parents, and spouse and the children, brothers, sisters, and parents of the spouse.

 

VIRTUAL INSTRUCTION

 

The provisions related to mandatory recommendation for expulsion shall not be applied to virtual instruction received by a student in the student's home.

 

EXPULSION OF STUDENTS WITH DISABILITIES

 

Discipline of students with disabilities or exceptionalities, shall be to the extent allowed by applicable state or federal law and regulations and consistent with the provisions of the student鈥檚 Individualized Education Program (IEP) or Section 504 Plan, as well as the general requirements of the federal Individuals with Disabilities Education Act.

 

DEFINITIONS

 

Definitions of terms used herein shall have the meaning set forth in Policy JD, Discipline.

 

Revised:  August, 2007 Revised:  August 17, 2017
Revised:  October 16, 2008 Revised:  December 17, 2020
Revised:  November, 2012 Revised:  September 16, 2021

 

 

Ref:     (Firearms - Definitions)

(Gun-Free Requirements)

La. Rev. Stat. Ann. 搂搂17:223, 17:416, 17:416.1, 17:416.2, 17:2092

Goss v. Lopez, 95. S. Ct. 729 (1973)

Regulations for Implementation of the Exceptional Children's Act, Bulletin 1706, Louisiana Department of Education

Board minutes, 10-16-08, 8-17-17, 12-17-20, 9-16-21

 

皇家华人 Parish School Board