Section IV. Recusal and Due Process

Transcription

1 Section IV. Recusal and Due Process 30

2 RECUSAL FOR DISCIPLINE OF IMMEDIATE FAMILY Any public school administrator or designee shall recuse himself or herself from participating in any disciplinary matter whenever a member of the administrator s or designee s family is involved in a disciplinary matter. If recusal occurs then the Superintendent or Superintendent s designee shall cover the disciplinary action. Immediate family is defined as the individual s children, brothers, sisters, parents and spouse and the children, brothers, sisters and parents of the spouse. PROVISIONS FOR DUE PROCESS Suspension Prior to any suspension, the school principal, or designee, shall advise the pupil in question of the particular misconduct of which the student 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 to the principal or designee. In each case of suspension or expulsion the principal, or designee, shall contact by telephone or send a certified letter at the address shown on the pupil s registration card to the parent, tutor, or legal guardian of the pupil in question giving notice of suspension, the reason therefore, establishing a date and time for a conference with the principal or designee as a requirement for readmitting the pupil. In case of an expulsion, the contact with parent or guardian shall include a certified letter. If the parent, tutor, or legal guardian fails to attend the required conference within five school days of mailing the certified letter or another contact with the parent, the truancy laws shall become effective. On not more than one occasion each school year when the parent, tutor, or legal guardian refuses to respond, the principal may determine whether readmitting the pupil is in the best interest of the student. On any subsequent occasion in the same year, the pupil shall not be readmitted unless the parent, tutor, legal guardian, court, or other appointed representatives respond. A pupil whose presence in or about a school poses a continued danger to any person or property or an ongoing threat of disruption to the academic process, shall be immediately removed from the school premises without the benefit of the procedure described herein above; however, the necessary procedure shall follow as soon as it is practicable: If a student violates the code of conduct or exhibits other disruptive, dangerous or unruly behavior, the teacher may have the student removed from the classroom and placed in the custody of the principal; the student may receive partial or full credit for classwork satisfactorily completed while in custody upon the recommendation of the principal or designee and the concurrence or the teacher. The principal or designee shall attempt to provide oral or written notification to the parent or guardian of the student s removal from the recommended if such action is known at the time the notice is given. In any case where a teacher, principal, or other school employee is authorized in this Section to require the parent, tutor, or legal guardian of a pupil who is under the age of eighteen and not judicially emancipated or emancipated by marriage 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 designee shall file a complaint with a court exercising juvenile jurisdiction pursuant to Children s Code Article 730(8) and 731. The principal may file a complaint pursuant to Children s Code Article 730(1) or any other applicable ground when, in his judgment, doing so is in the best interests of the pupil. The principal, assistant principal, or child attendance and welfare supervisor or his/her assistant shall be a representative of an agency having the responsibility or ability to supply services to a family as that phrase is used in Children s Code Article 731(A). 1. No child under the age of seventeen will be sent home during the school day without a parent or guardian being notified. When necessary to determine responsibility for alleged misconduct, the principal at his/her discretion may remove a student from school for a period of not more than one day in addition to the date of removal. The removal of a student under this provision shall not be recorded as a suspension unless the student is found at fault and the principal imposes an official suspension. 2. Notice in writing of all suspensions or other disciplinary action and the reasons therefore shall be given to the parent(s) or guardian(s) of the pupil suspended. The principal shall also give personal notice by telephone to the parent if possible. In case of expulsion, the contact with the parent or guardian shall include a certified letter. 31

3 PRINCIPAL S REPORT OF DISCIPLINARY ACTION All principals shall immediately transmit to the Central Office copies of any recommendation for expulsion or suspension of pupils. APPEALS FROM SUSPENSION 1. The student, his parents, or the party responsible for the student shall have the right to appeal the suspension to the Superintendent by contacting the Supervisor of Child Welfare and Attendance within five (5) school days of the student s receipt of the principal s order of suspension. 2. The Superintendent or designee shall conduct a hearing on the merits of the suspension. The Superintendent or designee shall have the right to remit any portion of the time of suspensions. The decision of the Superintendent or designee on the merits as well as the term of suspension shall be final and no appeal to the Board shall be granted. SUPERINTENDENT S HEARING ON EXPULSION If expulsion is recommended by the principal, the following procedures shall be observed: 1. The student shall be immediately suspended and removed from the school by the principal and recommended for temporary placement at the LEAD Center. 2. A hearing shall be conducted by the Superintendent or designee in accordance with R.S. 17:416 (C). 3. Upon conclusion of the hearing, the Superintendent or designee shall determine whether such student shall be expelled from the school system or other corrective or disciplinary action shall be taken. 4. At the hearing, the principal and/or teacher concerned may be represented by any person appointed by the Superintendent. The student may be represented by a person of his choice. The concerned teacher shall be permitted to attend the hearing and may present information the teacher believes is relevant to the hearing. 5. Until the hearing takes place, the student shall remain suspended from school, and temporarily placed in accordance with #1 above. APPEALS FROM ORDER OF EXPULSION 1. After the Superintendent s decision, parent or guardian may within five days request the School Board review the findings of the Superintendent or designee. 2. The time for the hearing shall be set by the Rapides Parish School Board. 3. The School Board may affirm, modify or reverse the action previously taken. 4. The testimony may be transcribed at the option of any party at their cost. 5. In the event the Rapides Parish School Board affirms the action of the Superintendent or designee, the parent or guardian may, within ten (10) days, appeal the decision to the District Court for Rapides Parish. 32

4 6. At any stage of the appeal s process, the election of the student and/or guardian to accept a recommendation of attendance at an alternative school operated by the Rapides Parish School Board in lieu of expulsion shall constitute a waiver of all parties rights of appeal and the party shall execute a written alternative school attendance agreement. DURATION OF EXPULSIONS An expulsion based upon four suspensions shall be, at a minimum, for the remainder of the school year. Additionally, firearm and drug expulsions, in accordance with S.B. 265 of 2007, shall be for the number of complete semesters (either two or four) specified in that Act. A complete semester is defined as that period established by resolution of the board adopting the school calendar for the next and subsequent calendar years. For purposes of computation of the minimum expulsion period established by R.S. 17:416, any time remaining in the semester during which the offense is committed shall not be credited or counted toward the minimum semester expulsion period as provided by S.B. 265 of Accordingly, unless the period of expulsion is shortened by board resolution, the computation of expulsion period shall include only complete semesters as defined herein and no credit for expulsion time for partial semesters shall be given. AVOIDANCE OF DISCIPLINE BY TEMPORARY ATTENDING AT PRIVATE SCHOOL OR BY HOME SCHOOLING The Rapides Parish School Board does not recognize either home schooling or private school attendance as a substitute or alternative to expulsion from public school or to attend a board-operated alternative school. Expelled students who transfer to private school or who are home schooled during the period of expulsion shall not be readmitted nor receive credit for home schooling or private school attendance during the period of expulsion without the affirmative approval of the School Board. SUSPENSION AND EXPULSION OF STUDENTS NEAR THE END OF THE SCHOOL YEAR All suspensions given for mandatory offenses will be saved in their entirety, even if the suspension extends into the next school year. Expulsions shall be for a minimum of ONE SEMESTER excluding knives, controlled dangerous substances, weapons and battery on a school employee, which are governed by special provisions. PROBATIONARY AGREEMENT A probationary agreement is a contract between the Rapides Parish School Board, student and parent concerning conditions of a student's re-admission or remaining in school. Regardless of the time of year a student comes before the Board for an appeal, the parent and student shall execute a probationary agreement within (5) five days of the Board's decision. No expelled student shall be permitted to re-enter the Rapides Parish School System until the probationary agreement has been signed by the parent and student. If the student is recommended for expulsion, expelled, or suspended, other than an in-school suspension, then the student is not permitted to return to the home school campus nor to participate or attend school-sponsored activities including graduation ceremonies during the period of suspension or expulsion. 33

5 and after a due process hearing and pursuant to a vote of the Rapides Parish School Board, the student was readmitted to the Rapides Parish school system on the following probationary terms and conditions: ASSISTANT SUPERINTENDENT MR. ALLEN R. BOZEMAN FOR SUPERINTENDENT DR. GARY L. JONES 34

6 SECOND SUSPENSION When a student receives a second suspension, the student and his/her parents will be referred to Juvenile Court. If the student has been referred to Juvenile Court and receives a fourth suspension, consequences may include a fine. All students with two suspensions will be referred to Juvenile Court by the school principal. GRADUATING SENIORS Where a senior who has otherwise fulfilled all academic and other requirements for graduation is expelled or suspended and the period of expulsion or suspension extends through the date of anticipated graduation, the student will not be allowed to participate in graduation exercises or any other school sponsored function associated therewith. Provided the student complies with all suspension or alternative school requirements imposed in lieu of expulsion and satisfactorily completes all academic and other regular requirements for graduation, the student will receive a diploma from the student s home school. The diploma may be obtained from the home school principal after graduation exercises are completed and the principal has verified that all disciplinary, suspension, expulsion and other requirements have been met. Requirements for Seniors to Participate in Graduation Activities (Regular High School Diploma) 1. Only students who are currently in good standing, and have met all requirements for graduation are allowed the privilege of participating in graduation activities. 2. Principals are not authorized to make any exceptions to these requirements. a. All requests for exceptions for these requirements must be referred to the Superintendent s office for disposition in accordance with Board established criteria. b. Principals are directed not to allow anyone to participate in graduation activities unless they have received written authorization from the Superintendent s office for the specific individual who does not meet all requirements. GRADUATION REQUIREMENTS The Rapides Parish School Board, in accordance with the regulations set forth by the Louisiana Board of Elementary and Secondary Education (BESE), shall require students, in order to be eligible for graduation, to successfully complete at a minimum the requirements mandated by BESE and outlined in the Louisiana Handbook for School Administrators, Bulletin 741. The school Board may impose additional requirements as it deems appropriate. GRADUATION EXIT EXAMINATION In addition to completing the minimum Carnegie Units of credit, the students shall also be required to pass certain components of the Graduation Exit Examination as required by the BESE. Remediation and retake opportunities shall be provided for students who do not pass the test. Each student and his/her parent or guardian shall be notified of the requirement of passing the Graduation Exit Examination prior to or upon the student entering the 10 th grade, or upon entering the system when transferring to any high school within the system. Revised: April,