FILE:  JDE-P

Cf:  JDE

EXPULSION PROCEDURES

Unless otherwise stated in state statutes, expulsion is any denial of school attendance for at least one school semester.  Procedures for expulsions shall be as follows:

1. A principal shall initiate proceedings for an expulsion when a student has received two (2) long-term suspensions in one (1) school year and the principal has reasonable cause to believe that the student has committed a third offense in the same school year which would warrant a long-term suspension.  A principal shall also initiate proceedings for an expulsion when a student has received three (3) short-term suspensions in one (1) school year and the principal has reasonable cause to believe that the student has committed a fourth offense in the same school year which would warrant a short-term suspension, long-term suspension or expulsion.  Louisiana law provides that a student may be recommended for expulsion at any time for any serious violation of school regulations and shall be recommended for expulsion on the fourth suspension.
   
   

2. After a principal has made every reasonable effort to investigate all aspects of the discipline problem and is satisfied that the nature and seriousness of the offense warrants the ultimate form of disciplinary action, the principal shall recommend that the student be expelled from the school system.
   
   

3. The principal shall make every effort to contact the student's parents or guardians by telephone, if possible, notifying them of the proposed expulsion and of the fact that the student has been removed from class and will be kept under supervision until the close of the school day or the arrival of the parent or guardian.  If the parent or school so requests, the student will be granted an early dismissal from school to return to his/her home.
   
   

4. The principal shall mail a report of the proposed expulsion recommendation to the parent or guardian no later than the following school day.  Additional copies shall be sent to the Superintendent’s office and the office of Child Welfare and Attendance.  In addition, the principal or designee shall keep a copy on file.
   
   

5. The procedure for expulsion hearings shall be as described herein below.

Hearing Procedures

1. The hearing shall be held as soon as possible, but no later than ten (10) school days after the student's removal from school, unless a later date is agreed upon by all parties  concerned.  The parent/ guardian shall contact the Superintendent or designee as to the hearing time and date.
   
   

2.  Pending the hearing to be conducted by the Superintendent or his/her designee, the student may be either denied attendance privileges or have the expulsion modified.  A modification may include alternative placements or placements at other schools.
   
   

3. At the hearing conducted by the Superintendent or his/her designee, the reason concerning the cause for the proposed long-term suspension or expulsion is to be presented by the principal or his/her designee in support of the recommendation for such disciplinary action.  The student's prior performance and attendance may also be discussed.  The student may present evidence in his/her behalf.  The burden of proof shall rest with the principal to establish to the satisfaction of the Superintendent or his/her designee that the student is guilty of the offense charged and that the proposed disciplinary action is appropriate.
   
   

4. The student and his/her parents have the right to representation at the hearing by another person of their choosing, including legal counsel.  Such representative shall be allowed to fully participate in the hearing. School personnel shall be afforded the same opportunity.  School Board members shall not act as the student's representative due to the fact the decision could be appealed to the School Board by the parent.
   
   

5. After hearing the case, the Superintendent or designee shall determine whether the student is guilty of the principal's charges.  If the findings and disposition of the case are made at the conclusion of the hearing, the Superintendent or his/her designee shall provide the parent with a written notification of the findings and the action to be taken.  Additional copies of this determination shall be given to the principal of the school and others as needed.
   
   

6. If the Superintendent or designee should determine that the student is guilty of the principal's charges, the student may be administratively transferred, suspended, or expelled and for what length of time.  The hearing officer may employ other lesser disciplinary measures if deemed better suited for the case.  Alternative programs may also be used if deemed appropriate by the hearing officer.
   
   

7. In the event the student is found guilty and given a long-term suspension or expulsion, the parent or guardian of the student may appeal the decision of the Superintendent or designee to the School Board.  The appeal must be received by the office of the Superintendent within five (5) school days of the decision, and such appeal must be requested in writing.
   
   

8. Unless otherwise requested by the parent or guardian, the review by the School Board of the decision of the Superintendent or his/her designee shall take place in executive session as allowed by law.  The review by the School Board shall be in the nature of an appeal, and the burden of proof shall rest with the parent or guardian to establish to the satisfaction of the School Board that the disciplinary action assessed against the student by the Superintendent or designee was improper or excessive.
   
   

9. After reviewing the findings of the Superintendent or his/her designee, the School Board may affirm, modify, or reverse the disciplinary action previously taken.  Though a discussion of the case should not take place in open meeting, unless requested by the parent or guardian, the decision of the School Board to affirm, modify, or reverse the disciplinary action taken by the Superintendent or designee shall be voted on in an open meeting.  The name of the student, the disciplinary action which the student was appealing, and the decision of the School Board shall be entered in the minutes of the School Board meeting at which such decision is made.
   
   

10. Students who are expelled during the first semester only and who desire to return to school at midterm may be allowed to do so.  Students who are allowed to return at midterm will be placed on probation, and any subsequent behavior of the student which would result ordinarily in a suspension or expulsion recommendation may cause the student to lose attendance privileges at the school for the remainder of that school year.

Approved:  August, 2004

Ref:    La. Rev. Stat. Ann. §§17:81, 17:416

Board minutes, 2-2-95

DeSoto Parish School Board