FILE:  JCAA-R

 

DUE PROCESS FOR SUSPENSIONS, EXPULSION, AND TRANSFERS

 

 

Each school has the obligation of informing students of the applicable school board policies and of rules and regulations of that particular school.  The method of informing students shall be appropriate for the student’s age and understanding.  Whenever a student is accused of an infraction and a suspension of ten school days or less is being considered, the principal or his/her designee shall:

 

  1. Investigate the incident:

 

  1. Listen to all versions of the facts from accuser(s,) and other pertinent individuals

  2. Give student notice of alleged infraction and an opportunity to give his/her side of the story

  3. Give student(s) an opportunity to write his/her statement

 

  1. Make a decision – decide if student is guilty and if suspension is the proper punishment

  2. Immediately inform the student and parent(s) in writing of:

 

  1. The reason for suspension

  2. The length of suspension, including date and time of commencement and termination

  3. Student’s rights of appeal

 

If expulsion is recommended with the suspension, the following steps shall be followed in addition to the above procedures:

 

  1. A notice in writing of the expulsion hearing and the reasons therefore shall be given to the parents or guardians of the student suspended if the student is under eighteen (18) years of age.  This notice shall be provided in sufficient time (minimum of three days ahead) to give the student a chance to prepare his/her defense.

  2. The student (and parents or guardians if he/she is under 18) shall be provided with a copy of the school board’s policy and administrative procedures of suspension and expulsion.

  3. The student shall be permitted to obtain legal counsel.

  4. The student shall be allowed to present his/her own evidence or witness(es).

  5. Upon recommendation of expulsion of a student by the principal, a hearing shall be conducted by the Superintendent or his/her designee within fifteen (15) school days to determine the facts of the case and make a finding of whether or not the student is guilty of conduct warranting a recommendation of expulsion.  Until the hearing, the student shall remain suspended with access to classwork and the opportunity to earn academic credit.  A student who is expelled for longer than ten (10) days shall be provided with academic instruction at an alternative setting in accordance with La. Rev. Stat. Ann. §17:416.

  6. The parent(s)/legal guardian(s) of the student shall have such right of review even if the recommendation for expulsion is reduced to a suspension.

 

Unless there is an emergency, hearings shall precede the imposition of any suspension in excess of ten (10) days or expulsion.

 

Should any student whose continued presence in the school pose a danger to persons or property or an ongoing threat or disruption to the academic process, the student shall be immediately removed from the school premises without benefit of the above procedures.  The necessary due process safeguards shall follow as soon as practicable.

 

During a period of out of school suspension, expulsion, or assignment to VPAP (Vermilion Parish Alternative Program), a student cannot participate in or attend any school activity.

 

Any parent, tutor or legal guardian of a student suspended for ten (10) school days or less may appeal to the parish Superintendent of Schools within five (5) school days of imposition of suspension.  The appeal shall be made to the Superintendent in writing.  The decision of the Superintendent of Schools on the merit of the case, as well as the term of suspension, shall be final, reserving the right to the Superintendent of Schools to remit any portion of the time of suspension.

 

In accordance with La. Rev. Stat. Ann. §17:416 Sub section (C)(4) The parent or tutor of the student may within five days after the decision is rendered, may request the city or parish school board to review the findings of the superintendent or his designee at a time set by the school board; otherwise, the decision of the superintendent shall be final.

 

In accordance with La. Rev. Stat. Ann. §17:416 Sub section (C)(5) The parent or tutor of the student may, within ten (10) days, appeal to the district court for the parish in which the student’s school is located.

 

In the event an expulsion and/or suspension is not upheld, the student shall be allowed to make up any missed assignments and/or tests with no penalty.

 

Adopted:  September 15, 2016

Revised:  July 21, 2022

 

 

Ref:    Board minutes, 9-15-16, 7-21-22

 

Vermilion Parish School Board