FILE:  JDD

Cf:  IDDG, IHAD, JBC, JCD

Cf:  JCDAB, JCDAC, JD, JDE

SUSPENSION

The Acadia Parish School Board recognizes its authority to maintain good order and discipline within the schools of the school district.  Therefore, the School Board recognizes the principal's authority to suspend a pupil for a specified period of time in accordance with statutory provisions.  The number of school days a student may be suspended shall not exceed the number of school days remaining in the school year.

In each case of suspension, the school principal, or his or her designee prior to any suspension, shall advise the student of the particular misconduct of which he/she is accused as well as the basis for such accusation, and the pupil shall be given an opportunity at that time to explain his/her version of the facts.  The principal/designee shall contact the parent, tutor, or legal guardian of the pupil to notify them of the suspension, and establish a date and time for a conference with the principal or designee as a requirement for readmitting the pupil.  Notice shall be given by contacting the parent, tutor, or legal guardian by telephone at the telephone number shown on the pupil's registration card, or by sending a certified letter to the address shown on the pupil's registration card.  The principal shall promptly advise the Superintendent or designee of all such suspensions, stating the reasons for the suspensions.

Students suspended for more than ten (10) days shall remain under the supervision of the school system using an alternative education program designed to continue the educational process in an alternative educational placement.  The student shall be placed in an alternative school or an alternative education program and shall be required to attend and participate in such school, program, or educational services.

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

If the parent, tutor, 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, tutor, or legal guardian refuses to respond to the notice, the principal may determine whether readmitting the pupil is in the best interest of the pupil.  On any subsequent occasions in the same school year, the pupil shall not be readmitted unless the parent, tutor, 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, tutor, or legal guardian of a pupil to attend a conference or meeting regarding the pupil's behavior and after notice, the parent, tutor, 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.

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

Any pupil, after being suspended on three (3) occasions for committing any suspendable offense during the same school session, shall, on committing the fourth offense, be expelled from the public schools of the district until the beginning of the next regular school year, and the pupil's reinstatement shall be subject to review by the School Board.

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 his/her report with the Superintendent, other appropriate personnel and the parent or guardian and retain a copy for his/her 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.

Appeal

Any parent, tutor, or legal guardian of a pupil suspended shall have the right to appeal to the Superintendent or his/her designee, who shall conduct a hearing on the merits.    A parental appeal request for a hearing on a suspension must be submitted in writing to the Superintendent or his/her designee within five (5) school days of notification of the suspension, and the hearing shall be conducted within five (5) school days of notification to the parents of the date of the suspension appeal hearing.   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 suspension, shall be final, reserving to the Superintendent the right to remit any portion of the time of suspension.

MANDATORY SUSPENSION

Firearm, Knife, Other Dangerous Instrumentalities, Drugs

The principal shall be required to suspend a pupil who:

1. is found carrying or possessing a firearm or a knife with a blade two (2) 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 shall immediately recommend the pupil'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 (2) 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 (2) inches in length may be suspended by the school principal, but, in appropriate cases, at a minimum, shall be placed in in-school suspension.

School officials, in accordance with statutory provisions, shall have total discretion and shall exercise such discretion in imposing on a pupil any disciplinary actions authorized by state law for possession by a pupil 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 pupil's intent to use the firearm or knife in a criminal manner.

Student Assault or Battery of School Employee

Whenever a pupil 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 pupil from school immediately and the pupil shall be removed immediately from the school premises without the benefit of required procedures, provided, however, that such procedures shall follow as soon as practicable.

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 physician.  However, such student shall carry evidence of that prescription or physician's order on his person at all times when in possession of any controlled dangerous substance which shall be subject to verification.

READMITTANCE FOLLOWING CERTAIN SUSPENSIONS

Possession/Consumption of Alcohol

As a condition for readmission to school following a suspension for possession/ consumption of alcohol, a student shall be required to attend four (4) hours of a drug and alcohol awareness and prevention information program.  A parent/guardian shall be required to attend two (2) hours of the program.  For readmission to occur, documentation indicating attendance and completion of the drug and alcohol awareness and prevention information program, either one sponsored by the Acadia Parish School Board or an accredited program approved by the Board, shall be submitted to the school administrator for verification.  Failure to comply with or violation of these requirements shall result in recommendation for expulsion of the student.

Student Assault or Battery of School Employee

No pupil suspended for committing assault or battery on any school employee shall be considered for readmission to the school to which the school employee allegedly assaulted or battered by the pupil is assigned, until all hearings and appeals associated with the alleged violation have been exhausted.  Except when the school system has no other school of suitable grade level for the pupil to attend, no pupil found guilty by a court or the school system of committing assault or battery on any employee shall attend the school to which the assaulted or battered employee is assigned.

The school system shall not be required to provide transportation to any pupil reassigned to attend a school as a result of committing assault or battery of any employee if providing such transportation to the pupil will result in additional transportation costs to the school system.

Records

A pupil who has been suspended or 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 pupil shall provide to the Board information on the dates of any suspensions or expulsions and the reasons therefor.  Additionally, the transfer of pupil records to any school or system shall include information on the dates of any suspensions or expulsions and the reasons therefor.

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 either partial or full credit 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

Suspension of students with disabilities shall be in accordance with applicable state or federal law and regulations.

Ref:     La. Rev. Stat. Ann. §§14:34.3, 17:223, 17:416, 17:416.1, 17:416.3

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

Louisiana Handbook for School Administrators, Bulletin 741

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

Board minutes, 10-7-96, 2-14-05, 11-7-05, 12-4-06, 1-11-10, 7-1-13

Acadia Parish School Board