FILE:  JDD

Cf:  IDDG, JBC, JCD

Cf:  JCDAC, JD, JDDA, JDE

SUSPENSION

The East Baton Rouge Parish School Board (“Board”) recognizes the necessity to maintain good order and discipline within its schools with a focus on evidence-based interventions and supports in lieu of out-of-school removals.  Principals and staffs at the schools shall endeavor to minimize the loss of academic instruction time and prioritize classroom and school-based interventions.  In appropriate cases, the School Board recognizes the principal's authority to suspend from school a student for a specified period of time in accordance with statutory provisions and the School Board’s policies and code of conduct as stated in the Handbook.

Prior to any out-of-school suspension or assignment to alternative placement, the school 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 the student’s version of the facts.  If the principal or designee decides to proceed with the out-of-school suspension, the principal shall follow the procedures for short-term or long-term out-of-school suspension outlined in the Handbook.  For in-school suspensions see Policy JDDA, In-School Suspension.

The principal/designee shall contact the parent or legal guardian of the student to notify them of the out-of-school suspension and establish a date and time for a conference with the principal or designee as a requirement for readmitting the student.  Affirmative notice shall be given by contacting the parent or legal guardian by telephone at the telephone number shown on the student's registration card, or by electronic communication, or by a certified letter sent to the address shown on the student's registration card.  Failure to secure affirmative notice by the end of the third day of suspension shall result in a student and/or parent referral to Child Welfare and Attendance and/or Families in Need of Services (FINS) and/or Parent Liaison and/or the District Attorney.  In no case shall a student be denied attendance without evidence of affirmative notice being completed.

A student who is out-of-school suspended for longer than ten (10) shall be provided with academic instruction at an alternative setting in accordance with La. Rev. Stat. Ann. §17:416.2 required to attend and participate in such school, program, or educational services.

No suspended student shall be allowed to leave the school premises during the school day until the parent, guardian, or other proper authorities assume responsibility for the student, unless immediate removal from school due to danger or threat of disruption to academic process is warranted.

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.  On not more than one occasion each school year when the parent or legal guardian refuses to respond to the notice, 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.

If 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 of La. Rev. Stat. Ann. §17:416 with a court exercising juvenile jurisdiction.

When a student is out-of-school suspended for a second time within one school year, the principal may require a counseling session be held with the parent and student by the school counselor.  If no school counselor is available, the conference may be held with all the student's teachers and the principal or other administrator.

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.

A student out-of-school suspended for damages to any property belonging to the school system or to property contracted to the school system or any property on school grounds owned by a school employee or student shall not be readmitted until payment in full has been made for such damage, an alternative restitution arrangement has been executed, an alternative payment plan has been arranged, or until directed by the Superintendent.  If the property damaged is a school bus owned by, contracted to, or jointly owned by any school board, a student suspended for such damage shall not be permitted to enter or ride any school bus until payment in full has been made for the damage, an alternative restitution arrangement has been executed, an alternative payment plan has been arranged, or until directed by the Superintendent.

The principal and other appropriate personnel shall be required to file written documentation of all suspensions.  Said documentation shall include the circumstances surrounding any suspension, the reason for suspension, and any other pertinent facts concerning the disciplinary action.  The principal shall file copies of such report with the Superintendent, other appropriate personnel and the parent or guardian and retain a copy for school records.

Upon the seizure by any teacher, principal, school security guard, or other school administrator of any firearm, knife, or other dangerous implement which could be used as a weapon or inflict injury, the principal or his or her designee shall be required to report the confiscation to appropriate law enforcement officials.

DISCIPLINE CENTERS

Located at various points throughout the parish, these alternatives are designed as intervention centers for students who have become involved in disciplinary infractions resulting in a short-term out-of-school suspension (2 to 9 days), as determined by the home school's principal and assistant principal.  Referrals to a Discipline Center are determined by the home school administrator with the notification of the parent or legal guardian.  Referrals shall be made in accordance with the procedures in the Handbook.

Parents shall be required to accompany the student on the first day of assignment to the Discipline Center to meet with the moderator in charge.  Specific rules governing attendance at the Discipline Centers shall be provided the parent/guardian upon arrival and admission to the Discipline Center.

MISCONDUCT SUBJECT TO OUT-OF-SCHOOL SUSPENSION

A school principal may suspend from school or suspend from riding on any school bus any student who:

1. Is guilty of willful disobedience.

2. Treats a teacher, principal, superintendent, member, or employee of the School Board with intentional disrespect.

3. Makes against any one of them an unfounded charge.

4. Uses unchaste or profane language.

5. Is guilty of immoral or vicious practices, or of conduct or habits injurious to his associates.

6. Uses tobacco or who possesses alcoholic beverages, or any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law, in any form, in school buildings, on school grounds, or on school buses owned by, contracted to, or jointly owned by the School Board.

7. Disturbs the school and habitually violates any rule.

8. Cuts, defaces, or injures any part of public school buildings, any property belonging to the buildings, or any school buses owned by, contracted to, or jointly owned by the School Board.

9. Writes any profane or obscene language or draws obscene pictures in or on any school material or any public school premises, or on any fence, pole, sidewalk, or building on the way to or from school, or on any school bus, including those owned by, contracted to, or jointly owned by the School Board.

10. Is found carrying firearms, knives, or other implements which can be used as weapons, the careless use of which might inflict harm or injury.

11. Throws missiles liable to injure other persons on the school grounds or while on any school bus, including those owned by, contracted to, or jointly owned by the School Board.

12. Instigates or participates in fights while under school supervision.

13. Violates traffic and safety regulations.

14. Leaves the school premises without permission.

15. Leaves his classroom during class hours or detention without permission.

16. Is habitually tardy or absent.

17. Has engaged in bullying.

18. Commits any other serious offense.

APPEAL

Any parent or legal guardian of a student out-of-school suspended shall have the right to appeal to the Superintendent or designee, who shall conduct a hearing on the merits.  If the parent or legal guardian is not present for the hearing after having been properly notified, the hearing may proceed and the results of the hearing shall be mailed to the parent or legal guardian within three (3) school days by certified mail, return receipt requested.  The decision of the Superintendent on the merits of the case, as well as the term of the out-of-school suspension, shall be final, reserving to the Superintendent the right to remit any portion of the time of out-of-school suspension.

MANDATORY SUSPENSION

Firearms, Knives, Other Dangerous Instrumentalities, Drugs

The principal or designee shall be required to suspend a student who:

1. is found carrying or possessing a firearm or a knife with a blade two and one-half (2 ½) inches or longer, or another dangerous instrumentality, except as provided below under the section entitled Suspension Not Applicable; or

    

2. possesses, distributes, sells, gives, or loans any controlled dangerous substance governed by state law, in any form.

Additionally, the principal or designee shall immediately recommend the student's expulsion to the Superintendent, for the above offenses, except in the case of a student less than eleven (11) years of age in pre-kindergarten through grade 5 who is found carrying or possessing a knife with a blade two and one-half (2 ½) inches or longer, the principal may, but shall not be required to recommend the student's expulsion.  A student found carrying or possessing a knife with a blade less than two and one-half (2 ½) inches in length may be suspended by the school principal or designee, but, in appropriate cases, at a minimum, shall be placed in an in-school suspension.

Assault or Battery of School Employees

Whenever a student is formally accused of violating state law or school disciplinary regulations, or both, by committing assault or battery on any school employee, the principal shall suspend the student from school immediately and the student shall be removed immediately from the school premises without the benefit of required out-of-school suspension procedures, however, the necessary notifications and other procedures shall follow as soon as practicable.  The student shall not be readmitted to the school to which the employee is assigned until all hearings and appeals associated with the alleged violation have been exhausted.

SUSPENSION NOT APPLICABLE

Suspension of a student shall not apply to the following:

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

2. A student possessing any controlled dangerous substance that has been obtained directly or due to a valid prescription or order from a licensed medical provider.  However, the student shall carry evidence of that prescription or medical provider’s order on the student’s 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 suspended from school or suspended from riding on any school bus for a uniform violation that is not tied to willful disregard of school policies.

CREDIT FOR SCHOOL WORK MISSED

A student who is suspended for ten (10) days or fewer shall be assigned school work missed while he/she is suspended and shall receive the same credit originally available for such work if it is completed satisfactorily and timely as determined by the principal or his/her designee, upon the recommendation of the student’s teacher.

A student who is suspended for more than ten (10) days 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 is suspended.

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.

SUSPENSION OF STUDENTS WITH DISABILITIES OR EXCEPTIONALITIES

Out-of-School suspension 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.

Ref:    La. Rev. Stat. Ann. §§17:223, 17:416, 17:416.1, 17:416.2, 17:416.3

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

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

Board minutes, 10-16-14, 8-17-17, 9-16-21

East Baton Rouge Parish School Board