2014 School Law Issues Discipline 1. 2014 LSA-R.S. 17:416 LSA-R.S. 17:416 regulates the suspension...

2014

School Law IssuesSchool Law Issues

DisciplineDiscipline

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2014

LSA-R.S. 17:416LSA-R.S. 17:416

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

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http://www.legis.la.gov/Legis/Law.aspx?d=81024

2014

LSA-R.S. 17:416LSA-R.S. 17:416

The statute also authorizes teachers and The statute also authorizes teachers and principals to use other forms of discipline principals to use other forms of discipline including, but not limited to: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 classroomclassroom disciplinary actions.disciplinary actions.

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2014

DisciplineDiscipline

Teacher’s AuthorityTeacher’s Authority

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Discipline: Teacher’s AuthorityDiscipline: Teacher’s Authority

Every teacher shall endeavor to hold every Every teacher shall endeavor to hold every pupil to a strict accountability for any pupil to a strict accountability for any disorderly conduct:disorderly conduct: in school; orin school; or on the playgrounds of the school; oron the playgrounds of the school; or on the street or road while going to or on the street or road while going to or

returning from school; orreturning from school; or during intermission or recess.during intermission or recess.

LSA-R.S. 17:416(A)(1)(a)LSA-R.S. 17:416(A)(1)(a)

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CORPORAL PUNISHMENTCORPORAL PUNISHMENT

LSA-R.S. 17:223(A) LSA-R.S. 17:223(A) ……Each parish and city school board shall Each parish and city school board shall

have discretion in the use of corporal have discretion in the use of corporal punishment. In those cases in which a parish punishment. In those cases in which a parish or city school board decides to use corporal or city school board decides to use corporal punishment, each parish or city school board punishment, each parish or city school board shall adopt such rules and regulations as it shall adopt such rules and regulations as it deems necessary to implement and control deems necessary to implement and control any form of corporal punishment in the any form of corporal punishment in the schools in its district. schools in its district.

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Jefferson Parish Public School System – Jefferson Parish Public School System – Procedures and Policies:Procedures and Policies:

Corporal Punishment Corporal Punishment It is the policy of the Jefferson Parish Public School It is the policy of the Jefferson Parish Public School

System that corporal punishment shall be defined as not System that corporal punishment shall be defined as not more than three (3) swats on the buttocks with a paddle. more than three (3) swats on the buttocks with a paddle.

Elementary and middle school principals, and assistant Elementary and middle school principals, and assistant principals may administer reasonable corporal principals may administer reasonable corporal punishment with prior written consent of the parent/legal punishment with prior written consent of the parent/legal guardian, in the presence of a witness, after other guardian, in the presence of a witness, after other reasonable means of disciplining the student have been reasonable means of disciplining the student have been attemptedattempted..

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St. Tammany Parish Public SchoolsSt. Tammany Parish Public Schools2011 - 20122011 - 2012

St. Tammany Parish Public School System St. Tammany Parish Public School System District Handbook For Students and ParentsDistrict Handbook For Students and Parents

Corporal PunishmentCorporal Punishment The St. Tammany Parish Public School System does not The St. Tammany Parish Public School System does not

allow corporal punishment in the School System. allow corporal punishment in the School System. Complaints concerning instances of impermissible Complaints concerning instances of impermissible corporal punishment should be reported to the school corporal punishment should be reported to the school principal or superintendent for investigation (page 15)principal or superintendent for investigation (page 15)

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E.B.R.P.S.S., in 2010, revoked their E.B.R.P.S.S., in 2010, revoked their previous policy allowing corporal previous policy allowing corporal punishment. No mention is made of punishment. No mention is made of corporal punishment in the current student corporal punishment in the current student handbook.handbook.

St. James and St. John Parish school St. James and St. John Parish school websites do not show a policy regarding websites do not show a policy regarding corporal punishment.corporal punishment.

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A really good procedure to A really good procedure to follow is: follow is:

““don’t hit them peoples don’t hit them peoples chilren!!!!!”chilren!!!!!”

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2014

SuspensionSuspension

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SuspensionsSuspensions

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

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SuspensionSuspension Previously student who is suspended may not Previously student who is suspended may not

receive any credit for school work missed while receive any credit for school work missed while he is suspended. he is suspended. This statute was changed in This statute was changed in 20092009

Exception: A student serving an in-school Exception: A student serving an in-school suspension may receive credit for school work suspension may receive credit for school work completed during the suspension.completed during the suspension.

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SuspensionSuspension

A school may discipline a student for misconduct on A school may discipline a student for misconduct on school grounds:school grounds: that a teacher or school employee did not witnessthat a teacher or school employee did not witness but that was reported by an individual who was there but that was reported by an individual who was there

when the violation occurred. when the violation occurred.

The state discipline statute:The state discipline statute: does not prohibit anyone other than a teacher or school does not prohibit anyone other than a teacher or school

employee from reporting a violationemployee from reporting a violation it simply requires school boards to establish a procedure it simply requires school boards to establish a procedure

for teachers and school employees to report disciplinary for teachers and school employees to report disciplinary violations.violations.

Abadie v. St. Bernard Parish School Board, 485 So.2d 596 (La. App. 4th Abadie v. St. Bernard Parish School Board, 485 So.2d 596 (La. App. 4th Cir. 1986).Cir. 1986).

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ExpulsionExpulsion

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ExpulsionExpulsion

A public school principal must suspend and A public school principal must suspend and recommend expulsion of a student from all public recommend expulsion of a student from all public schools in the school system for the remainder of the schools in the school system for the remainder of the school year when the student:school year when the student: has been suspended 3 times during the current has been suspended 3 times during the current

school year, andschool year, and commits a 4commits a 4thth offense during the same school offense during the same school

year.year. The student’s reinstatement from such an expulsion The student’s reinstatement from such an expulsion

is subject to the review and approval of the local is subject to the review and approval of the local school board.school board.

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2014

ExpulsionExpulsion Elected members of the school board, Elected members of the school board,

may by a vote of two-thirds of the board, may by a vote of two-thirds of the board, expel a student who has been:expel a student who has been: convicted of a felony; orconvicted of a felony; or incarcerated in a juvenile institution for incarcerated in a juvenile institution for

an act that would have constituted a an act that would have constituted a felony if it was committed by an adult, felony if it was committed by an adult,

for a period determined by the board.for a period determined by the board.

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ExpulsionExpulsion

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

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ExpulsionExpulsion

No student who has been expelled from a No student who has been expelled from a public school may be readmitted to a public public school may be readmitted to a public school:school: in the public school system from which he in the public school system from which he

was expelled; orwas expelled; or in any other Louisiana parish or city school in any other Louisiana parish or city school

system system without the review and approval of the school without the review and approval of the school board of the school system to which the board of the school system to which the student seeks to be admitted. student seeks to be admitted.

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ExpulsionExpulsion A student expelled from any:A student expelled from any:

public or nonpublic school outside of public or nonpublic school outside of Louisiana; orLouisiana; or

any Louisiana nonpublic schoolany Louisiana nonpublic schoolmay not be admitted to any Louisiana may not be admitted to any Louisiana public school without the review and public school without the review and approval of the governing body of the approval of the governing body of the admitting school.admitting school.

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ExpulsionExpulsion

Any student expelled from a Louisiana public or Any student expelled from a Louisiana public or nonpublic school or an out-of-state school must nonpublic school or an out-of-state school must provide information about: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 any Louisiana public school or school system to which he is seeking admission.to which he is seeking admission.

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ExpulsionExpulsion When the student's records are When the student's records are

transferred by any Louisiana public school transferred by any Louisiana public school system to any other public or nonpublic system to any other public or nonpublic school, the records must include:school, the records must include: information on the dates of any expulsions; information on the dates of any expulsions;

andand the reason or reasons that the student was the reason or reasons that the student was

expelledexpelled..

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ExpulsionExpulsion

No student may be admitted to any Louisiana public No student may be admitted to any Louisiana public school who was expelled from a public or nonpublic school who was expelled from a public or nonpublic school for:school for: possessing a firearm, knife, or other dangerous weapon or possessing a firearm, knife, or other dangerous weapon or

instrumentality customarily used or intended for probable use instrumentality customarily used or intended for probable use as a dangerous weapon; oras a dangerous weapon; or

possessing, possessing with intent to distribute, or possessing, possessing with intent to distribute, or distributing, selling, giving, or loaning any controlled distributing, selling, giving, or loaning any controlled dangerous substance governed by the Uniform Controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law Dangerous Substances Law

on school property or a school bus until he has on school property or a school bus until he has enrolled and participated in an appropriate enrolled and participated in an appropriate rehabilitation or counseling program related to the rehabilitation or counseling program related to the reason or reasons for his expulsion.reason or reasons for his expulsion.

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ExpulsionExpulsion The required rehabilitation or counseling The required rehabilitation or counseling

must be provided by existing or new must be provided by existing or new programs approved by:programs approved by: the juvenile or family court having jurisdiction, the juvenile or family court having jurisdiction,

if applicable; or if applicable; or by the school system.by the school system.

The required rehabilitation or counseling The required rehabilitation or counseling programs must be at no additional cost to programs must be at no additional cost to the school system. the school system.

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ExpulsionExpulsion The statutory requirements for enrollment The statutory requirements for enrollment

and participation in a rehabilitation or and participation in a rehabilitation or counseling program must be waived by counseling program must be waived by the school system if the student makes a the school system if the student makes a documented showing:documented showing: that no appropriate program is available in the that no appropriate program is available in the

area; orarea; or that the student cannot enroll or participate that the student cannot enroll or participate

due to financial hardship.due to financial hardship.

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2014

ExpulsionExpulsion

Drug OffensesDrug Offenses

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2014

Extended ExpulsionExtended Expulsion

A principal must immediately A principal must immediately suspend and recommend the suspend and recommend the expulsion of a student who expulsion of a student who is:is: found possessing any found possessing any

controlled dangerous controlled dangerous substance governed by substance governed by the Uniform Controlled the Uniform Controlled Dangerous Substances Dangerous Substances Law, in any form, on Law, in any form, on school property, on a school property, on a school bus, or at a school school bus, or at a school sponsored event.sponsored event.

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Extended ExpulsionExtended Expulsion Exception: The statute does not apply to a Exception: The statute does not apply to a

student who possesses a controlled dangerous student who possesses a controlled dangerous substance obtained from a licensed physician substance obtained from a licensed physician directly or pursuant to a valid prescription or directly or pursuant to a valid prescription or order. order.

The student must carry evidence or the The student must carry evidence or the prescription or doctor's order on his person at all prescription or doctor's order on his person at all times when in possession of any controlled times when in possession of any controlled dangerous substance.dangerous substance.

The evidence of the prescription or physician's The evidence of the prescription or physician's order is subject to verification. order is subject to verification.

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Extended ExpulsionExtended Expulsion The period of the expulsion for The period of the expulsion for

possession of a controlled dangerous possession of a controlled dangerous substance:substance: is contingent on the age and grade level of is contingent on the age and grade level of

the student; and the student; and varies from a minimum expulsion of 12 varies from a minimum expulsion of 12

calendar months to a minimum period of 24 calendar months to a minimum period of 24 calendar months.calendar months.

The school system may place such a The school system may place such a student in a SBESE approved student in a SBESE approved alternative education program for alternative education program for suspended and expelled students if the suspended and expelled students if the student agrees to participate and student agrees to participate and participates full time in a juvenile court participates full time in a juvenile court drug program operated by a state court.drug program operated by a state court.

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Extended ExpulsionExtended Expulsion The principal must The principal must

immediately suspend and immediately suspend and recommend expulsion of recommend expulsion of any student who:any student who: distributes, sells, gives, distributes, sells, gives,

or loans any controlled or loans any controlled dangerous substance dangerous substance governed by the governed by the Controlled Dangerous Controlled Dangerous Substances Law, in any Substances Law, in any formform

on school property;on school property; on a school bus; oron a school bus; or at a school event.at a school event.

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Extended ExpulsionExtended Expulsion As with simple possession, the period a student may be As with simple possession, the period a student may be

expelled for knowledge of and intentional distribution of, expelled for knowledge of and intentional distribution of, or possession with intent to distribute any illegal narcotic, or possession with intent to distribute any illegal narcotic, drug, or other controlled dangerous substance governed drug, or other controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law:by the Uniform Controlled Dangerous Substances Law: is contingent on the age and grade level of the is contingent on the age and grade level of the

student; and student; and varies from a minimum expulsion of 12 calendar varies from a minimum expulsion of 12 calendar

months to a minimum period of 24 calendar months.months to a minimum period of 24 calendar months. The school system may place such a student in a The school system may place such a student in a

SBESE approved alternative education program for SBESE approved alternative education program for suspended and expelled students if the student agrees suspended and expelled students if the student agrees to participate and participates full time in a juvenile court to participate and participates full time in a juvenile court drug program operated by a state court.drug program operated by a state court.

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Substance Abuse OffensesSubstance Abuse Offenses The school principal or his designee must refer The school principal or his designee must refer

the student for testing or screening by a qualified the student for testing or screening by a qualified medical professional for evidence of abuse of medical professional for evidence of abuse of alcohol, illegal narcotics, drugs, or other alcohol, illegal narcotics, drugs, or other controlled dangerous substances within 5 days controlled dangerous substances within 5 days after the student is arrested for: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 any illegal narcotic, drug, or other controlled substance on school property.substance on school property.

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Substance Abuse OffensesSubstance Abuse Offenses Where evidence of abuse is found, the student Where evidence of abuse is found, the student

must be referred to an alcohol and drug abuse must be referred to an alcohol and drug abuse treatment professional chosen by the student's treatment professional chosen by the student's parent or tutor.parent or tutor.

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Substance Abuse OffensesSubstance Abuse Offenses To initiate reopening the student’s case:To initiate reopening the student’s case:

documentation that he was found to need documentation that he was found to need treatment by an alcohol and drug abuse treatment treatment by an alcohol and drug abuse treatment professional; andprofessional; and

a medical professional’s written certification that a medical professional’s written certification that the student has agreed to cooperate in the the student has agreed to cooperate in the recommended treatmentrecommended treatment

may be used.may be used. The school board must consider the The school board must consider the

student's agreement to receive treatment as student's agreement to receive treatment as a positive factor in the final decision a positive factor in the final decision concerning any final disciplinary action. concerning any final disciplinary action.

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ExpulsionExpulsion

Weapons OffensesWeapons Offenses

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ExpulsionExpulsion The principal must immediately The principal must immediately

suspend and recommend the suspend and recommend the expulsion of a student:expulsion of a student: found carrying or possessing found carrying or possessing

a knife with a blade that is 2 a knife with a blade that is 2 or more inches long.or more inches long.

No student shall be permitted to No student shall be permitted to carry or possess a knife of any carry or possess a knife of any blade length.blade length. The principal may suspend a The principal may suspend a

student found carrying or student found carrying or possessing a knife with a possessing a knife with a blade less than 2”.blade less than 2”.

At a minimum, in appropriate At a minimum, in appropriate cases the student must be cases the student must be placed in in-school placed in in-school suspension.suspension.

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ExpulsionExpulsion Exceptions:Exceptions:

The principal may, but is not required to recommend The principal may, but is not required to recommend the expulsion of a student in kindergarten through the expulsion of a student in kindergarten through grade 5 found possessing a knife with a blade that is grade 5 found possessing a knife with a blade that is 2 inches or longer. 2 inches or longer.

The statute's provisions do not apply to a student The statute's provisions do not apply to a student carrying or possessing a knife for involvement in: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 school approved co-curricular or extracurricular

activity. activity.

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ExpulsionExpulsion Exception:Exception: School School

officials must exercise officials must exercise discretion in imposing any discretion in imposing any disciplinary action for disciplinary action for possession of a knife on possession of a knife on school property:school property: when the knife is stored when the knife is stored

in a motor vehicle; andin a motor vehicle; and there is no evidence of there is no evidence of

the pupil’s intent to use the pupil’s intent to use the knife in a criminal the knife in a criminal manner. manner.

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ExpulsionExpulsion The principal must The principal must

immediately immediately suspended, and suspended, and recommend expulsion recommend expulsion of a student:of a student: found carrying or found carrying or

possessing other possessing other dangerous dangerous instrumentalities.instrumentalities.

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Gun Free Schools ActGun Free Schools Act States that receive federal funds are required by the States that receive federal funds are required by the

Gun-Free Schools Act to have a state law in effect Gun-Free Schools Act to have a state law in effect requiring LEAs to expel students who have brought a requiring LEAs to expel students who have brought a weapon to school for a period of not less than one weapon to school for a period of not less than one year.year.

The term "weapon" means a firearm as defined in The term "weapon" means a firearm as defined in section 921 of Title 18. section 921 of Title 18.

A state statute may allow a LEA chief administrative A state statute may allow a LEA chief administrative officer to modify such an expulsion on a case-by-case officer to modify such an expulsion on a case-by-case basis. basis.

A State may allow a LEA to provide educational A State may allow a LEA to provide educational services in an alternative setting to such students.services in an alternative setting to such students.

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Gun Free Schools ActGun Free Schools Act

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

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

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Gun Free Schools ActGun Free Schools Act A Louisiana student found guilty of being in A Louisiana student found guilty of being in

possession of a firearm on school property possession of a firearm on school property pursuant to a hearing authorized by R.S. pursuant to a hearing authorized by R.S. 17:416(C)(1) must be:17:416(C)(1) must be: expelled from school for a minimum period of expelled from school for a minimum period of

12 calendar months; and12 calendar months; and referred to the District Attorney for appropriate referred to the District Attorney for appropriate

action.action.

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The Louisiana statute's provisions do not apply The Louisiana statute's provisions do not apply to a student carrying or possessing a firearm for to a student carrying or possessing a firearm for purposes of involvement in:purposes of involvement in: a school class or course; ora school class or course; or school approved co-curricular or school approved co-curricular or

extracurricular activity.extracurricular activity.

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Gun Free Schools ActGun Free Schools Act Louisiana school officials have total Louisiana school officials have total

discretion and must exercise that discretion and must exercise that discretion in imposing any disciplinary discretion in imposing any disciplinary action for possession of a firearm on action for possession of a firearm on school property when: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 there is no evidence of the pupil’s intent to

use the firearm in a criminal manner. use the firearm in a criminal manner.

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Gun Free Schools ActGun Free Schools Act The Louisiana statute also provides for The Louisiana statute also provides for

probationary readmission at anytime probationary readmission at anytime during the specified period of expulsion for during the specified period of expulsion for a student expelled from school for the a student expelled from school for the possession of a firearm on school possession of a firearm on school property, on a school bus, or at a school property, on a school bus, or at a school event.event.

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Students with DisabilitiesStudents with Disabilities Where the student who brought a weapon to Where the student who brought a weapon to

school is a child with disabilities, a LEA may school is a child with disabilities, a LEA may place the child in an interim alternative place the child in an interim alternative education setting for not more than 45 days.education setting for not more than 45 days.

Where the parents request a due process Where the parents request a due process hearing in connection with a weapons offense, hearing in connection with a weapons offense, the child must remain in the alternative the child must remain in the alternative education setting during the proceedings unless education setting during the proceedings unless the parents and local education agency agree the parents and local education agency agree otherwise.otherwise.

http://www.legis.la.gov/lss/lss.asp?doc=81024&showback=Y

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Other Other ConsequencesConsequences

Suspension of Driver’s License for Suspension of Driver’s License for Designated Disciplinary ActionsDesignated Disciplinary Actions

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What Disciplinary Actions May Result in What Disciplinary Actions May Result in Driver’s License Suspension?Driver’s License Suspension?

For purposes of suspension of a student’s driver’s For purposes of suspension of a student’s driver’s license, the term “disciplinary action’ means:license, the term “disciplinary action’ means: a suspension or expulsion from school or assignment a suspension or expulsion from school or assignment

to an alternative educational settingto an alternative educational setting for ten or more consecutive school daysfor ten or more consecutive school days for infractions involving:for infractions involving:

the sale or possession of drugs, alcohol, or any the sale or possession of drugs, alcohol, or any other illegal substance; orother illegal substance; or

the possession of a firearm; orthe possession of a firearm; or assault or battery on a member of the school assault or battery on a member of the school

faculty or stafffaculty or staff

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Which Students Do the Driver’s License Which Students Do the Driver’s License Suspension Provisions Apply To?Suspension Provisions Apply To?

Any student:Any student: between the ages of 14 and 18 years oldbetween the ages of 14 and 18 years old suspended, expelled or assigned to an alternative suspended, expelled or assigned to an alternative

educational setting for 10 or more consecutive school educational setting for 10 or more consecutive school days for infractions involving:days for infractions involving:

possession or sale of drugs, alcohol or illegal possession or sale of drugs, alcohol or illegal substances;substances;

possession of a firearm; orpossession of a firearm; or assault or battery on a member of the school assault or battery on a member of the school

faculty or stafffaculty or staff

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How Long is the Student’s Driver’s How Long is the Student’s Driver’s License Suspended?License Suspended?

After the principal or headmaster of a After the principal or headmaster of a public or private school notifies the public or private school notifies the Department of Public Safety and Department of Public Safety and Corrections, Office of Motor Vehicles, the Corrections, Office of Motor Vehicles, the student’s driver’s license must be student’s driver’s license must be suspended for a period of one year.suspended for a period of one year.

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Probationary Probationary ReadmissionReadmission

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Probationary ReadmissionProbationary Readmission During the specified period of expulsion, a During the specified period of expulsion, a

student may be readmitted to school on a student may be readmitted to school on a probationary basis, who was expelled from probationary basis, who was expelled from school for:school for: possession of a firearm on school property, or on a possession of a firearm on school property, or on a

school bus, or at a school event; or school bus, or at a school event; or possession of, or knowledge of and intentional possession of, or knowledge of and intentional

distribution of, or possession with intent to distribute distribution of, or possession with intent to distribute any illegal narcotic, drug, or other controlled any illegal narcotic, drug, or other controlled substance on school property, on a school bus, or at substance on school property, on a school bus, or at a school event. a school event.

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Probationary ReadmissionProbationary Readmission Unless a judge finds otherwise, the Unless a judge finds otherwise, the

probationary readmission provisions of the probationary readmission provisions of the statute are not applicable to any student:statute are not applicable to any student: found guilty or adjudicated a delinquent by a found guilty or adjudicated a delinquent by a

court of competent jurisdiction, of a criminal court of competent jurisdiction, of a criminal violation of any provision of Title 14 of the violation of any provision of Title 14 of the Louisiana Revised Statutes; andLouisiana Revised Statutes; and

the criminal violation is related to the reason the criminal violation is related to the reason the student was suspended. the student was suspended.

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Probationary ReadmissionProbationary Readmission The probationary readmission of a student who The probationary readmission of a student who

has been expelled will be on such terms and has been expelled will be on such terms and conditions as the public school board stipulates.conditions as the public school board stipulates.

The student and his parent or other person The student and his parent or other person responsible for his school attendance must responsible for his school attendance must agree in writing to those terms and conditions.agree in writing to those terms and conditions.

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Probationary ReadmissionProbationary Readmission The terms and conditions for probationary The terms and conditions for probationary

readmission may include, but are not limited to, readmission may include, but are not limited to, placing the student in an alternative education placing the student in an alternative education program determined by the school board.program determined by the school board.

Any written agreement for probationary readmission Any written agreement for probationary readmission must include a provision that the student will be must include a provision that the student will be immediately removed from the school premises immediately removed from the school premises without the benefit of any hearing or other procedure without the benefit of any hearing or other procedure applicable to student suspensions and expulsions applicable to student suspensions and expulsions when the school principal or superintendent when the school principal or superintendent determines that the student has violated any term or determines that the student has violated any term or condition of the agreement.condition of the agreement.

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Probationary ReadmissionProbationary Readmission As soon as possible after the immediate As soon as possible after the immediate

removal of the student for violation of a removal of the student for violation of a condition of the agreement, the principal or condition of the agreement, the principal or the principal’s designee must:the principal’s designee must: provide verbal notice to the superintendent of provide verbal notice to the superintendent of

schools;schools; attempt to provide verbal notice to the student's attempt to provide verbal notice to the student's

parent or other person responsible for the parent or other person responsible for the student's school attendance; andstudent's school attendance; and

provide written notice of the determination and the provide written notice of the determination and the reasons for it to:reasons for it to:

the superintendent; andthe superintendent; and the student's parent or other responsible the student's parent or other responsible

person.person.

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Alternative Education Alternative Education ProgramsPrograms

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Alternative Education ProgramsAlternative Education Programs

A school system must provide an A school system must provide an alternative education program for students alternative education program for students who are:who are: suspended; orsuspended; or expelled.expelled.

But the school system is not required to But the school system is not required to provide an alternative education program provide an alternative education program for a student who is suspended for 10 for a student who is suspended for 10 days or less.days or less.

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Alternative education programs offer Alternative education programs offer variations of traditional instructional variations of traditional instructional programs and strategies.programs and strategies.

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Alternative education programs are Alternative education programs are designed to increase the likelihood that designed to increase the likelihood that students who are:students who are: unmotivated or unsuccessful in traditional unmotivated or unsuccessful in traditional

programs; or programs; or disruptive in the traditional school disruptive in the traditional school

environment environment

remain in school and obtain a high school remain in school and obtain a high school diploma. diploma.

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Alternative education programs may Alternative education programs may include, but not be limited to, programs:include, but not be limited to, programs: that hold students to strict standards of that hold students to strict standards of

behavior;behavior; in highly structured and controlled in highly structured and controlled

environments.environments.

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Alternative education programs are Alternative education programs are sometimes referred to as:sometimes referred to as: boot camps;boot camps; police schools; orpolice schools; or court schools. court schools.

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The school system is not required to The school system is not required to provide transportation to an alternative provide transportation to an alternative education program to a suspended or education program to a suspended or expelled student:expelled student: if transportation to the alternative education if transportation to the alternative education

program will result in additional transportation program will result in additional transportation costs to the school system. costs to the school system.

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A school system may not be held liable for A school system may not be held liable for any suspended or expelled student who:any suspended or expelled student who: provides his own transportation to an provides his own transportation to an

alternative education program; oralternative education program; or is attending an alternative education program is attending an alternative education program

at a location other than a school site.at a location other than a school site.

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If an expelled student is attending an If an expelled student is attending an alternative education program and exhibits alternative education program and exhibits disorderly conduct he will:disorderly conduct he will: be dismissed from the alternative education be dismissed from the alternative education

program; and program; and not be permitted to return to the alternative not be permitted to return to the alternative

education program until the period of education program until the period of expulsion has ended.expulsion has ended.

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

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

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The SBESE must review and consider any The SBESE must review and consider any request for a waiver of the alternative education request for a waiver of the alternative education program requirements.program requirements.

The SBESE may not approve the waiver request The SBESE may not approve the waiver request until the accuracy and validity of the information until the accuracy and validity of the information submitted as justification is certified by the submitted as justification is certified by the Superintendent of Education.Superintendent of Education.

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Parent ConferencesParent Conferences

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Parent ConferenceParent Conference The principal or the principal's designee The principal or the principal's designee

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

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Parent ConferenceParent Conference If the parent fails to attend the required If the parent fails to attend the required

conference with the principal or the principal's conference with the principal or the principal's designee within five (5) school days of mailing designee within five (5) school days of mailing the certified letter or other contact with the the certified letter or other contact with the parent, state truancy laws become effective.parent, state truancy laws become effective.

Once a year, the principal may determine Once a year, the principal may determine whether readmitting the child is in the child’s whether readmitting the child is in the child’s best interests when the parent refuses to best interests when the parent refuses to respond.respond.

On any subsequent occasions in the same year, On any subsequent occasions in the same year, the child may not be readmitted unless the the child may not be readmitted unless the parent responds.parent responds.

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Parent ConferenceParent Conference The principal or his designee may file a The principal or his designee may file a

complaint with the juvenile court:complaint with the juvenile court: under Children's Code Articles 730(8) and 731 under Children's Code Articles 730(8) and 731

where the parent of a child who: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 Is not judicially emancipated or

emancipated by marriageemancipated by marriagewillfully refuses to attend a conference or willfully refuses to attend a conference or meeting regarding the child's behavior; and/ ormeeting regarding the child's behavior; and/ or

under Children's Code Article 730(1) or any under Children's Code Article 730(1) or any other applicable ground when, in his judgment, other applicable ground when, in his judgment, doing so is in the child’s best interests.doing so is in the child’s best interests.

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Due ProcessDue Process

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Due ProcessDue Process A 10 day suspension from school:A 10 day suspension from school:

is not is not de minimus; andde minimus; and may not be imposed in complete disregard of may not be imposed in complete disregard of

the Due Process Clause.the Due Process Clause.

Students facing suspension and the consequent Students facing suspension and the consequent interference with a protected property interest at a interference with a protected property interest at a very minimum must: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). Goss v. Lopez, 419 U.S. 565 (1975).

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The interests of students facing temporary suspension The interests of students facing temporary suspension qualify for the protection of the Due Process Clause.qualify for the protection of the Due Process Clause.

Due process requires that a student facing a Due process requires that a student facing a suspension for 10 days or less be given:suspension for 10 days or less be given: oral or written notice of the charges against him; andoral or written notice of the charges against him; and an explanation of the evidence the authorities have an explanation of the evidence the authorities have

and an opportunity to present his side of the story if and an opportunity to present his side of the story if he denies the charges.he denies the charges.

There is no need to delay between the time notice is There is no need to delay between the time notice is given and the time of the hearing. given and the time of the hearing.

Goss v. Lopez, 419 U.S. 565 (1975).Goss v. Lopez, 419 U.S. 565 (1975).

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Notice and a hearing should precede the student’s Notice and a hearing should precede the student’s removal school as a general rule.removal school as a general rule.

A student may be immediately removed from school A student may be immediately removed from school without the required notice and hearing where a student’s without the required notice and hearing where a student’s presence poses: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 an ongoing threat of disruption to the academic

processprocessIn such cases, the notice and rudimentary hearing should In such cases, the notice and rudimentary hearing should be given as soon as practicable after the removal.be given as soon as practicable after the removal.

Goss v. Lopez, 419 U.S. 565 (1975).Goss v. Lopez, 419 U.S. 565 (1975).

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Due ProcessDue Process More formal due process procedures may be More formal due process procedures may be

required for:required for: suspensions for more than 10 days; orsuspensions 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).

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Due ProcessDue Process R. S. 17:416 A(1)(b)(i) requires that before R. S. 17:416 A(1)(b)(i) requires that before

any suspension or expulsion, the school any suspension or expulsion, the school principal or the principal's designee must:principal or the principal's designee must: advise the student of:advise the student of:

the particular misconduct that he is the particular misconduct that he is accused of; andaccused of; and

the basis for that accusation; andthe basis for that accusation; and give the student an opportunity to explain his give the student an opportunity to explain his

version of the facts to the principal or the version of the facts to the principal or the principal's designee.principal's designee.

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Participation in interscholastic athletics is not a Participation in interscholastic athletics is not a constitutionally protected interest or right and falls outside of constitutionally protected interest or right and falls outside of the protection of due process. the protection of due process.

A high school coach, in any sport, may discipline his A high school coach, in any sport, may discipline his players, and a due process hearing is not a prerequisite to players, and a due process hearing is not a prerequisite to such discipline.such discipline.

In In BonnerBonner, a high school varsity basketball player was , a high school varsity basketball player was dismissed from the varsity basketball team for the dismissed from the varsity basketball team for the remainder of the season after being suspended from school remainder of the season after being suspended from school for 5 days for possession of alcohol on a school-sponsored for 5 days for possession of alcohol on a school-sponsored trip.trip.

Bonner v. Lincoln Parish School Board, 658 So.2d 432 (La. App. 2nd Cir. 1996).Bonner v. Lincoln Parish School Board, 658 So.2d 432 (La. App. 2nd Cir. 1996).

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Louisiana law requires the principal or Louisiana law requires the principal or the principal's designee to provide the the principal's designee to provide the student's parent, tutor or guardian, with student's parent, tutor or guardian, with notice of:notice of: the student's suspension or the student's suspension or

expulsion; andexpulsion; and the reasons for the suspension or the reasons for the suspension or

expulsion.expulsion.

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Under Louisiana law, the required notice to the Under Louisiana law, the required notice to the student's parent, tutor or guardian of the student's parent, tutor or guardian of the student’s suspension or expulsion:student’s suspension or expulsion: may consist of a telephone contact at the may consist of a telephone contact at the

telephone number shown on the student's telephone number shown on the student's registration card; andregistration card; and

for all expulsions, must include a certified for all expulsions, must include a certified letter at the address shown on the student's letter at the address shown on the student's registration card.registration card.

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A school board may not expand the grounds to A school board may not expand the grounds to expel a student beyond the original charges expel a student beyond the original charges given by the principal which stated the nature of given by the principal which stated the nature of the offense and reasons for recommending that the offense and reasons for recommending that the student be expelled.the student be expelled.

Labrosse v. St. Bernard Parish School Board, 483 So.2d 1253 (La. App. 4th Cir. Labrosse v. St. Bernard Parish School Board, 483 So.2d 1253 (La. App. 4th Cir. 1986)1986)

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A student’s constitutional right to due process is A student’s constitutional right to due process is violated when:violated when: the original charges in the notice are converted the original charges in the notice are converted

to other charges at a later time;to other charges at a later time; a student is expelled following a hearing based a student is expelled following a hearing based

on a charge that was never made against him; oron a charge that was never made against him; or if new grounds for expulsion were allowed to be if new grounds for expulsion were allowed to be

interjected into civil proceedings after the interjected into civil proceedings after the administrative proceedings.administrative proceedings.

Labrosse v. St. Bernard Parish School Board, 483 So.2d 1253 (La. App. 4th Cir. Labrosse v. St. Bernard Parish School Board, 483 So.2d 1253 (La. App. 4th Cir. 1986)1986)

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The student’s parent has the right to appeal the The student’s parent has the right to appeal the child’s suspension to the city or parish child’s suspension to the city or parish superintendent of schools or the superintendent's superintendent of schools or the superintendent's designee.designee.

In such an appeal, the superintendent or the In such an appeal, the superintendent or the superintendent's designee will conduct a hearing superintendent's designee will conduct a hearing on the merits.on the merits.

The superintendent has the right to remit any The superintendent has the right to remit any portion of the suspension time.portion of the suspension time.

The superintendent's decision on the merits of The superintendent's decision on the merits of the case, and the term of suspension, is final.the case, and the term of suspension, is final.

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Due ProcessDue Process When the principal recommends a When the principal recommends a

student’s expulsion, the superintendent or student’s expulsion, the superintendent or the superintendent’s designee will conduct the superintendent’s designee will conduct a hearing: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 to make a finding of whether or not the

student is guilty of conduct warranting student is guilty of conduct warranting the expulsion recommendation. the expulsion recommendation.

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Until the hearing takes place, the student will Until the hearing takes place, the student will remain suspended from the school.remain suspended from the school.

The student may be represented at the hearing The student may be represented at the hearing by any person of his choice.by any person of his choice.

The concerned teacher must be permitted to The concerned teacher must be permitted to attend the hearing and to present information attend the hearing and to present information that the teacher believes to be relevant. that the teacher believes to be relevant.

Any person appointed by the superintendent Any person appointed by the superintendent may represent the principal and/or the teacher may represent the principal and/or the teacher concerned at the hearing.concerned at the hearing.

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Due ProcessDue Process After the hearing, the superintendent, or the After the hearing, the superintendent, or the

superintendent’s designee, must determine:superintendent’s designee, must determine: if the student will be expelled from the school if the student will be expelled from the school

system; orsystem; or if other corrective or disciplinary action will be if other corrective or disciplinary action will be

taken.taken.

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Due ProcessDue Process Within 5 days after the decision is rendered by Within 5 days after the decision is rendered by

the superintendent or his designee, the student’s the superintendent or his designee, the student’s parent may request the school board to review parent may request the school board to review the findings at a time set by the school board.the findings at a time set by the school board.

Where the parent or tutor does not request a Where the parent or tutor does not request a review within the time specified by law, the review within the time specified by law, the decision of the superintendent or his designee decision of the superintendent or his designee will become final.will become final.

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Due ProcessDue Process When a review is requested, the school board may When a review is requested, the school board may

affirm, modify, or reverse the action previously taken, affirm, modify, or reverse the action previously taken, after reviewing the superintendent’s findings.after reviewing the superintendent’s findings.

When the school board upholds the superintendent’s When the school board upholds the superintendent’s action, the parent may appeal the adverse ruling to a action, the parent may appeal the adverse ruling to a state or federal district court within 10 days.state or federal district court within 10 days.

The court may reverse or revise the school board’s The court may reverse or revise the school board’s ruling if they find that there was an absence of any ruling if they find that there was an absence of any relevant evidence to support the school board’s relevant evidence to support the school board’s ruling.ruling.

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2014 School Law Issues Discipline 1. 2014 LSA-R.S. 17:416 LSA-R.S. 17:416 regulates the suspension...

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