FILE: JDE
EXPULSION
The St. John the Baptist Parish School Board may expel a student from school if an offense committed by the student is serious enough to warrant such action or is in violation of state law or the School Board’s code of conduct. Prior to any expulsion the school principal or his/her designee shall advise the student of the particular misconduct of which he/she is accused as well as the basis for such accusation, and the student shall be given an opportunity at that time to explain his/her version of the facts. The principal/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. Notice shall be given by contacting the parent or legal guardian by telephone at the telephone number shown on the student's registration card, or by electronic communication and additionally by a certified letter sent to the address shown on the student's registration card. If the parent or legal guardian fails to attend the required conference within five (5) school days of notification, the truancy laws shall be effective.
Upon the recommendation for expulsion of a student by the principal a hearing shall be conducted by the Superintendent or his/her designee within fifteen (15) school days 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. The School Board shall provide written notice of the hearing to the student and his/her parent or legal guardian, and the notice shall advise the student and his/her parent or legal guardian of their rights. Notification of the time, date, and place of the expulsion hearing shall be mailed to the parents. Following the hearing, the Superintendent or his/her designee shall notify the parents of the decision rendered.
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 with access to classwork and the opportunity to earn academic credit. A student who is expelled for longer than ten (10) days shall be provided with academic instruction at an alternative setting in accordance with La. Rev. Stat. Ann. §17:416.2.
Upon the conclusion of the hearing and upon finding the student guilty of conduct warranting expulsion, the Superintendent shall determine whether such student shall be expelled and the specified period of expulsion, or if other disciplinary action shall be taken. 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. During an expulsion, the Superintendent shall place the student in an alternative school or in an alternative educational placement.
APPEALS
The parent or legal guardian of the student who has been recommended for expulsion in accordance with state law may, within five (5) days after the decision to expel has been rendered, submit a request to the School Board to review the findings of the Superintendent or designee at a time set by the School Board; otherwise the decision of the Superintendent shall be final. If requested, as herein provided, and after reviewing the findings of the Superintendent or his/her designee, the School Board may affirm, modify, or reverse the action previously taken. The parent or legal guardian of the student shall have such right of review even if the recommendation is reduced to a suspension.
The parent or legal guardian of the student who has been recommended for expulsion in accordance with state law may, within ten (10) school days, appeal to the district court for the parish in which the student’s school is located, an adverse ruling of the School Board in upholding the action of the Superintendent or his/her designee. 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 to appeal to the district court even if the recommendation for expulsion is reduced to a suspension.
EXPULSION INVOLVING FIREARMS
Any student, age sixteen (16) or older, or under 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, 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, 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.
However, the Superintendent 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, 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 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, shall be referred to the School Board through a recommendation for action from the Superintendent.
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.
ADDITIONAL REASONS FOR EXPULSION
Students may also be expelled for any of the following reasons:
Any student, after being suspended for committing violations of any discipline policies or other rule infractions, depending on the severity of the behavior, may be expelled upon recommendation to the Superintendent by the principal and after an appropriate hearing is held by the Superintendent or designee.
Any student who is found carrying or possessing a knife with a blade which equals or exceeds two and one-half (2½) inches in length.
In accordance with federal regulations, a student determined to have brought a weapon 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 weapon, in accordance with federal statutes, means a firearm or any device which is designed to expel a projectile or any destructive device, which in turn means any explosive, incendiary or poison gas, bomb, grenade, rocket, missile, mine or similar device.
Any student, after being suspended on three (3) occasions for committing drugs or weapons offenses 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.
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 (⅔) of the elected members of the School Board, shall not be for a period of time longer than the student's period of adjudication as determined by the applicable court presiding over the student's criminal matter, and shall run concurrent to the student's period of disposition. If the student was serving an expulsion period when the student was incarcerated for a separate offense and the student completes the period of incarceration with time left in the expulsion period, the Superintendent or his/her designee may require the student to serve the time left in the expulsion period.
EXPULSION NOT APPLICABLE
Expulsion shall not apply to the following:
A student carrying or possessing a firearm or knife for purposes of involvement in a school class, course, or school approved cocurricular or extracurricular activity or any other activity approved by appropriate school officials.
A student possessing any controlled dangerous substance that has been obtained directly or due to a valid prescription or order from a licensed medical provider. However, the student shall carry evidence of the prescription or medical provider’s order on his/her person at all times when in possession of any controlled dangerous substance which shall be subject to verification. Evidence of the prescription or medical provider’s order includes possession of the controlled dangerous substance in its original packaging as received from the pharmacy.
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.
DRESS CODE VIOLATIONS
A student enrolled in grades prekindergarten through five shall not be expelled from school for a uniform violation that is not tied to willful disregard of school policies.
READMITTANCE FOLLOWING EXPULSION
Required Parent Conference
In each case of 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. 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.
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 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 and returned to the school system’s alternative school setting 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 may be readmitted to school on a probationary basis at any time during the specified period of expulsion contingent on the following:
In order to be readmitted to any regular public school, the student shall be required to attend an alternative education program at the redirection center for a minimum of nine (9) weeks, and can only be readmitted to their regular assigned school after the initial nine (9) week period upon recommendation and approval of the Superintendent under such terms and conditions as may be stipulated by the Superintendent and agreed to in writing by the student and the student's parent or person responsible for the student's school attendance.
If after the second nine (9) week period the student is not recommended to be readmitted to any regular public school, the student may request the School Board to allow the student to be readmitted to a regular public school upon terms and conditions set by the School Board and agreed to by the student and parent or other responsible person as stated above.
Any written agreement required for readmittance to the alternative school and/or the regular school shall include a provision that upon the school principal or Superintendent making a determination that the student has violated any term or condition agreed to, the student shall be immediately removed from the school premises without the benefit of any hearing or other procedure applicable to student suspensions and expulsions. As soon thereafter as possible, the principal or his designee shall provide verbal notice to the Superintendent of any such determination and also shall attempt to provide such verbal notice to the student's parent or other person responsible for the student's school attendance. The principal or his designee also shall provide written notice to the determination and the reasons therefore to the Superintendent and to the student's parents or other responsible person.
Readmission on a probationary basis as provided above shall not be applicable to any student found guilty by a court of competent jurisdiction 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 which is related to the reason for the suspension, unless the judge finds otherwise.
In addition to any other limitation established by this policy on the admission of previously expelled students, no student who has been expelled for possessing on school property or on a school bus a firearm, knife, or other dangerous weapon or instrumentally customarily used or intended for probable use as a dangerous weapon, or for possessing, possessing with intent to distribute, or distributing, selling, giving, or loaning while on school property or on a school bus any controlled dangerous substance governed by the Uniformed Controlled Dangerous Substances Law shall be admitted 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 or reasons for the student’s expulsion.
The rehabilitation or counseling required by this policy shall be provided by existing or new programs approved by the juvenile or family court having jurisdiction, if applicable, or by the school system and shall be at no additional cost to the school system. Such rehabilitation or counseling programs may include the following components relative to successful programs, approaches, and activities for parental involvement which better equip parents to provide support for the education of their children:
Enhancing parenting skills and expanding curriculum offerings relative to character development, the development of a healthy self esteem and sense of personal and social responsibility, violence prevention, and conflict resolution.
Raising the educational level of the parents of public school students through instruction in basic skills.
Improving developmental skills of students to prepare them for academic success.
Providing a role model for the child through parental interest in education.
Enabling parents to become familiar with and comfortable in the school setting.
Enhancing the relationship of the parent and child through planned, structured parent-school interaction.
Demonstrating to parents their power to affect their child's ability to learn.
The requirements stated here for enrollment and participation in a rehabilitation or counseling program may be waived by the school system 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.
The provisions governing readmission of students after expulsion shall be applicable to exceptional children provided special education services pursuant to Part I of Chapter 8 of Title 17 of the Louisiana Revised Statues to the maximum extent allowed by federal law and rules applicable to the education of exceptional students in the state (the IEP process).
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.
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 school work 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.
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.
EXPULSION OF STUDENTS WITH DISABILITIES OR EXCEPTIONALITIES
Expulsion of students with disabilities or exceptionalities, or an Individualized Education Program or Section 504 Individualized Accommodation Plan, shall be to the extent allowed by applicable state or federal law and regulations or the provisions of the student’s specific plan.
DEFINITIONS
Definitions of terms used herein shall have the meaning set forth in policy JD, Discipline.
Revised: October, 1995 | Revised: October 15, 2009 |
Revised: July, 1996 | Revised: March 21, 2013 |
Revised: September, 1997 | Revised: March 17, 2016 |
Revised: August, 1999 | Revised: December 10, 2020 |
Revised: August, 2003 | Revised: July, 2021 |
Revised: August, 2007 | Revised: November 10, 2022 |
Revised: September, 2008 |
Ref: 18 USC 921 (Firearms - Definitions)
20 USC 7961 (Gun-Free Requirements)
La. Rev. Stat. Ann. §§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, 7-11-91, 11-11-92, 7-15-99, 10-15-09, 3-21-13, 3-17-16, 12-10-20, 11-10-22
St. John the Baptist Parish School Board