FILE: JD
DISCIPLINE
The East Baton Rouge School Board (“Board”) requires its schools to operate in a manner that will provide an orderly process of education and provides for the welfare and safety of all students who attend the School Board’s schools. The School Board recognizes the necessity for reasonable control and discipline over the conduct of students under its jurisdiction. Each school’s primary goal is to educate, not discipline, however, when behavior of an individual student disrupts the learning environment or comes in conflict with the rights of others, corrective actions may be necessary both for the benefit of the individual student and the school as a whole.
The School Board endeavors to address student behavior with focus on evidence-based interventions and support, and to prioritize classroom and school-based interventions in lieu of out-of-school disciplinary removals to address student misconduct in order to minimize the loss of academic instructional time. Every teacher and other employee of the School Board shall endeavor to hold each student accountable for their behavior in school, or on the playgrounds of the school, on the street or while going to or returning from school, on any school bus or during intermission or recess.
The School Board requires its Superintendent and staff to maintain and administer the use of disciplinary measures within the schools and continually monitor and appraise their usefulness. Discipline shall be administered uniformly, consistently and in a nondiscriminatory manner, in accordance with School Board policy that meets the minimum requirements of School Board’s model master discipline plan as provided in La. Rev. Stat. Ann. §17:252 and includes school-wide expectations to promote Positive Behavioral Interventions and Support (“PBIS”). The School Board establishes a code of conduct and procedures as stated in the Student Rights and Responsibilities Handbook and Discipline Policy (“Handbook”). The Handbook requires progressive levels of minor through major infractions and identify corresponding minor through major interventions and consequences. Before an initial referral for a student's expulsion, the Handbook requires the prior administration of evidence-based interventions and supports, except in instances where an expulsion referral is the result of accumulated minor infractions in accordance with the code of conduct, or the underlying incident threatens the safety and health of students or staff. Expulsions shall be reserved for the major behavioral infractions involving weapons or drugs, or when the safety of students and staff has been put in jeopardy.
To assist the teachers and staff, the Handbook provides for the use of disciplinary measures within School Board’s schools and to continually monitor and appraise their usefulness. The School Board requires the Superintendent to annually review and update the Handbook for the School Board to approve prior to the start of each school year.
All of the School Board’s schools shall endeavor to address student behavior with a focus on evidence-based interventions and supports. School administrators and teachers are to prioritize classroom- and school-based interventions in lieu of out-of-school disciplinary removals to address student misconduct in order to minimize the loss of academic instruction time.
Principals and their designees have both the authority and the duty to take disciplinary action whenever the behavior of any student materially interferes with or substantially disrupts the maintenance of a proper atmosphere for learning within the classroom or other parts of the school. However, no student shall be disciplined in any manner by a school administrator, teacher, or other school employee for the use of force upon another person when it can be reasonably concluded that the use of such force more probably than not was committed solely for the purpose of preventing a forcible offense against the student or a forcible offense provided that the force used shall be reasonable and apparently necessary to prevent such offense. A student who is the aggressor or who brings on a difficulty cannot claim the right stated above to defend himself/herself.
Each teacher may take disciplinary action to correct a student who disrupts normal classroom activities, who is disrespectful to a teacher, who willfully disobeys a teacher, who uses abusive or foul language directed at a teacher or another student, who violates school rules, or who interferes with an orderly education process. The disciplinary action taken by the teacher shall be in accordance with Handbook, and such regulations and procedures established by the School Board.
Disciplinary action by a school employee may include, but is not limited to:
Oral or written
reprimands.
Referral for a
counseling session which shall include but shall not be limited to
conflict resolution, social responsibility, family responsibility,
peer mediation, and stress management.
Written notification
of parents of disruptive or unacceptable behavior, a copy of which
shall be provided to the principal.
Other disciplinary measures approved by the principal and faculty of the school and in compliance with School Board policy.
DISCIPLINE OF STUDENTS ENGAGED IN VIRTUAL INSTRUCTION
The School Board’s disciplinary measures that define the rules of conduct and expectations of students engaged in virtual instruction adopted by the School Board are as included in following.
The School Board may provide virtual classes available to students in response to the public health emergencies and in the Virtual Academy. Such virtual instruction may be continued also provided when schools are closed due to inclement weather, disasters, and other emergencies. The provisions of Handbook and those of all school handbooks and codes of conduct shall be applicable to misconduct, whether on-campus or during virtual instruction.
The School Board has extended its on-campus conduct expectations to the virtual classroom, with a few modifications that factor in the home setting. Conduct that is unacceptable and which would lead to the imposition of discipline in the regular classroom is typically unacceptable in the virtual classroom as well. Regardless of the model of instruction, student conduct is governed by La. Rev. Stat. Ann. §17:416 and the Handbook. At the same time, for alleged misconduct which occurs during virtual instruction, school-based administrators shall consider the need for maintaining order and appropriate conduct, the school’s interest being impacted, and the student’s and family’s right to privacy and constitutional rights while at home or in a location that is not school property.
A student and his family shall not waive their constitutional rights by electing virtual instruction. At the same time, students engaging in virtual instruction shall insure that, prior to logging into and during any virtual classroom, [Option 1] the view from their camera is free of any object, writing, picture, or other display which, if possessed on school buses, in the classroom, or on school property, would subject the student to disciplinary action or [Option 2] they have engaged the district-approved virtual background screen.
Students are cautioned that the virtual classroom is for instruction and for engaging with peers and teachers for educational purposes. Students must not handle or display items, toys, messages, images, or personal property or engage in conduct unrelated to the lessons taking place. Students who engage in conduct in the virtual classroom that violates the provisions of the Handbook and this Virtual Discipline Policy may be subject to discipline in accordance with the Handbook and this Policy.
The following non-exclusive list of behaviors are prohibited in the virtual classroom and may result in disciplinary action:
Bullying and/or cyberbullying
The use of harassing or discriminatory language
Use of obscene language, profanity, inappropriate language, writing or drawings
Displaying obscene gestures, drawings, images, audios, videos, etc.
Displaying pornography or nudity whether in a printed or digital context
Committing lewd or sexual acts or simulations
Repeated disruptions of the classroom
Display of nudity, indecent dress, disrobing, etc.
Exhibiting disrespect for the teacher or other school personnel
Interference with the instructional audio or video
The handling or display of weapons or facsimile weapons
Use or display of drugs, alcohol, tobacco, or vaping devices
Cheating on assignments, i.e., sharing work, answers, etc.
Divulging confidential information
Violation of computer/password security
Violations of the School Board’s/School’s Acceptable Use Policy or Device Contract
The context in which student behavior occurs is important, however, and will be taken into consideration by School and School Board’s School District administrators in determining whether there has been a violation of the Handbook. As with all other forms of misconduct, the level of discipline, if any, for violations in a virtual setting will depend upon the age of the student, seriousness of the offense, the disruptive nature of the misconduct, whether the conduct involved violence or the threat of violence, whether the misconduct impacted the safety or orderly environment of the classroom, the student’s prior disciplinary record, etc.
The School Board’s teachers and administrators may be required, as mandatory reporters, to alert local law enforcement and/or the Department of Children and Family Services if they observe conduct, messages, images, or objects that raise legitimate concern for the safety and well-being of students in a virtual classroom. This may include students handling weapons in the virtual classroom, even if it is subsequently learned that the weapon is a toy or facsimile, as it is not always possible to determine remotely whether the weapon is real or not.
STUDENT REMOVAL FROM CLASSROOM
When a student's behavior prevents the orderly instruction of other students, poses an immediate threat to the safety of students or the teacher, or when a student violates the code of conduct as stated in the Handbook, the teacher may have the student immediately removed from the student’s classroom and placed in the custody of the principal or designee.
Any student removed from class in kindergarten through grade 5 shall not be permitted to return to class for at least thirty (30) minutes unless agreed to by the teacher initiating the disciplinary action. A student removed from class in grades 6 through 12 shall not be permitted to return to class during the same class period, unless agreed to by the teacher initiating the disciplinary action.
Whenever a teacher is struck by a student, the student, in addition to any other discipline given, shall be permanently removed from the teacher's classroom, unless the teacher objects or unless the principal, with the concurrence of the building level committee, finds the striking incident to be entirely inadvertent.
Upon the student being removed from class and sent to the principal's office, the principal or 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. The principal or designee then shall conduct a counseling session with the student as may be appropriate to establish a course of action, consistent with School Board policy to identify and correct the behavior for which the student is being disciplined.
Once removed, the student shall not be readmitted to the classroom until the principal has implemented one of the following disciplinary measures:
Conferencing with the principal or his/her designee.
Referral to counseling.
Peer mediation.
Referral to the school building level committee.
Restorative justice practices.
Loss of privileges
Detention
In-school suspension
Out-of-school suspension
Initiation of expulsion hearings
Referral for assignment to an alternative setting
Requiring the completion of all assigned school work and homework that would have been assigned and completed by the student during the period of out-of-school suspension.
Any other disciplinary measure authorized by the principal with the concurrence of the teacher or school building level committee.
For purposes of this section, classroom shall include on-campus or virtual classes.
The principal or designee shall provide oral or written notification to the parent or legal guardian of any student removed from the classroom. Such notification shall include a description of any disciplinary action taken.
When a student has been removed from a classroom, the teacher or the principal or designee may require the parent or legal guardian of the student to have a conference with the teacher or the principal or designee before the student is readmitted. Such conference may be in person or by telephone or other virtual means.
Upon the student’s third removal from the same classroom, the teacher and principal shall discuss the disruptive behavior patterns of the student and the potentially appropriate disciplinary measure before the principal implements a disciplinary measure. In addition, a conference between the teacher or other appropriate school employee and the student’s parent or legal guardian may be required prior to the student being readmitted to that same classroom. Such conference may be in person or by telephone or other virtual means. If such conference is required by the school, the school shall give written notice to the parent.
For students who experience multiple behavioral incidents or disciplinary referrals, a principal or designee shall consider a referral of the matter to an appropriate school building level committee. If the disruptive behavior persists, the teacher may request that the principal transfer the student into another setting.
STUDENT MISCONDUCT AT END OF YEAR
Non-Graduating
students
Any non-graduating student
who commits offenses during the last ten (10) days of the school year
which carry recommendations for suspension or expulsion beyond the
end of the school year shall have such recommendation extended into
the next school year.
Graduating students
Any
graduating senior who commits a serious major offense (alcohol/ drug/indecent
behavior) or criminal infraction after the last regular class period,
as upheld by the Hearing Officer upon the principal's or his/her designee's
recommendation, shall be excluded from year-end activities, including
graduation exercises. Diplomas may be given or mailed to
the student after the close of the school year. The School
Board shall also mandate that all schools shall include this regulation
in their senior orientation prior to the end of the year, and each
senior shall sign a slip indicating knowledge of these regulations. Parents
shall receive a letter including information about these regulations
from individual schools.
PARENT CONFERENCES
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/her designee, shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction. Notice of the conference, specifying the time and date of the conference, shall be given by contacting the parent or legal guardian by telephone at the telephone number shown on the student's registration card, via electronic means, or delivered written notice or by sending a certified letter to the address shown on the student's registration card.
REPORTS TO PRINCIPAL
Any teacher or other school employee may report to the principal any student who acts in a disorderly manner or is in violation of school rules, or any misconduct or violation of school rules by a student who may or may not be known to the teacher or employee. Incidents of alleged discipline violations shall be reported on the School Behavior Report/School Bus Behavior Report form provided by the Louisiana Department of Education. The forms shall be submitted in accordance with procedures outlined by the School Board, the Superintendent, and school system personnel. The principal shall review and act upon such information submitted, to determine if suspension or other disciplinary action is necessary.
Should the principal fail to act on any report of misconduct or school violation, the principal shall explain the reasons for doing so to the Superintendent or designee and to the teacher or school employee reporting the violation.
DELINQUENT STUDENTS
Any student who regularly disrupts the normal school environment shall be delinquent and may be reported by appropriate school personnel to the juvenile court. Any student that exhibits disruptive behavior, an incorrigible attitude, or any other discipline problems in general, may be recommended by the principal for expulsion, assignment to an appropriate alternative education program, or transfer to adult education if the student is:
Seventeen (17)
years of age or older with less than five (5) units of credit toward
graduation;
Eighteen (18)
years of age or older with less than ten (10) units of credit toward
graduation; or
Nineteen (19) years of age or older with less than fifteen (15) units of credit toward graduation.
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 themselves 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.
DISCIPLINE OF STUDENTS WITH DISABILITIES or EXCEPTIONALITIES
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’s Individualized Education Program (IEP) or Section 504 Plan, as well as the general requirements of the federal Individuals with Disabilities Education Act.
STUDENT INTERNET AND CELL PHONE SAFETY
As required by La. Rev. Stat. Ann. §17:410, each school administration at the beginning of each school year shall provide information to school personnel and to each student age and grade appropriate information regarding internet and cell phone safety and online content that is a potential threat to school safety. The information shall include how to recognize and report potential threats to school safety as required by La. Rev. Stat. Ann. §17:410.
DEFINITIONS
Handbook means the Student Rights and Responsibilities Handbook and Discipline Policy updated annually.
Hearing Officer means an individual appointed and designated by the Superintendent to conduct hearings regarding recommendations for expulsions to determine facts of a case and make a finding of whether or not a student is guilty of the conduct warranting a recommendation of expulsion and to conduct hearings regarding appeals of out-of-school suspensions.
Out-of-school suspension means the removal of a student from all classes of instruction at assigned public school grounds and all other school-sponsored activities.
In-school suspension means removing a student from their normal classroom setting but maintaining the student under supervision within the assigned school. Students participating in in-school suspension shall receive credit for work performed during the in-school suspension. However, any student who fails to comply fully with the rules for in-school suspension may be subject to immediate out-of-school suspension.
Detention shall mean activities, assignments, or work held before the normal school day, after the normal school day, or on weekends. Failure or refusal by a student to participate in assigned detention may subject the student to immediate out-of-school suspension. Assignments, activities, or work which may be assigned during detention include, but are not limited to, counseling, homework assignments, behavior modification program, or other activities aimed at improving the behavior and conduct of the student.
Expulsion (unless otherwise defined as a permanent expulsion by law) shall mean the removal of a student from school for at least one school semester. During an expulsion, the Superintendent shall place the student in an alternative school or in an alternative educational placement.
Firearm means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle that is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.
Virtual instruction means instruction provided to a student through an electronic delivery medium, including, but not limited to, electronic learning platforms that connect to a student in a remote location to classroom instruction.
| Revised: September, 2009 | Revised: September 16, 2021 |
| Revised: November, 2012 | Revised: October 20, 2022 |
| Revised: December 17, 2020 |
Ref: 42 USC 12112 et seq. (Equal Opportunity for Individuals with Disabilities)
42 USC 12132 et seq. (Discrimination in Public Places)
La. Rev. Stat. Ann. §§17:223, 17:224, 17:233, 17:239, 17:252, 17:416, 17:416.1, 17:416.13
Pupil Appraisal Handbook, Bulletin 1508
Regulations for Implementation of the Exceptional Children's Act, Bulletin 1706, Louisiana Department of Education
Board minutes, 12-17-20, 9-16-21, 10-20-22
East Baton Rouge Parish School Board