FILE: JD
DISCIPLINE
It is the purpose of the Orleans Parish School Board to operate the schools in a manner that will provide an orderly process of education and that will provide for the welfare and safety of all students who attend these schools. The school's primary goal is to educate, not discipline; however, when the behavior of the individual student comes in conflict with rights of others, corrective actions may be necessary both for the benefit of that individual and the school as a whole.
Every teacher and other school employees in the public school system shall endeavor to hold each student to a strict accountability for any disorderly conduct in school, or on the playgrounds of the school, on any school bus, on the street or while going to or returning from school, during intermission or recess, or at any school sponsored activity or function. To assist the teacher, the School Board shall establish regulations for the use of disciplinary measures within the schools and continually monitor and appraise their usefulness. Discipline shall be administered uniformly, consistently, and in a nondiscriminatory manner, in accordance with the School Board’s Student Code of Conduct.
Principals shall have both the authority and the duty to take disciplinary action whenever the behavior of any student (s) materially interferes with or substantially disrupts the maintenance of a proper atmosphere for learning within the classroom or other parts of the school. However, no student shall be disciplined in any manner by the School Board or school administrator, teacher, or other school employee for the use of force upon another person when it can be reasonably concluded that the use of such force more probably than not was committed solely for the purpose of preventing a forcible offense against the student or a forcible offense provided that the force used must be reasonable and apparently necessary to prevent such offense. A student who is the aggressor or who brings on a difficulty cannot claim the right stated above to defend himself/herself.
Each teacher may take disciplinary action to correct a student who engages in bullying, who disrupts normal classroom activities, who is disrespectful to a teacher, who willfully disobeys a teacher, who uses abusive or foul language directed at a teacher or another studennt, who violates school rules, or who interferes with an orderly education process. The disciplinary action taken by the teacher shall be in accordance with such regulations and procedures established by the School Board.
STUDENT REMOVAL FROM CLASSROOM
A student may be immediately removed from a classroom by the teacher and placed in the custody of the principal or designee if the student’s behavior prevents the orderly instruction of other students, poses an immediate threat to the safety of students or the teacher, when a student exhibits disrespectful or threatening behavior toward a teacher such as using foul or abusive language or gestures directed at or threatening a student or teacher, when a student violates the school’s code of conduct, or when a student exhibits other disruptive, dangerous, or unruly behavior, including inappropriate physical contact, inappropriate verbal conduct, sexual or other harassment, throwing objects, inciting other students to misbehave, or destroying property. The student should not be kept out of school past the suspension period imposed by the principal.
A student removed from the classroom shall be assigned school work missed and shall receive either partial or full credit for such work, upon the recommendation of the student’s teacher, if it is completed satisfactorily and timely as determined by the principal or his/her designee.
Any student removed from class in kindergarten through grade 6 shall not be permitted to return to class for at least thirty (30) minutes unless agreed to by the teacher. A student removed from class in grades 7 through 12 shall not be permitted to return to class during the same class period, unless agreed to by the teacher initiating the disciplinary action.
Whenever a teacher is struck by a student, the student, in addition to any other discipline given, shall be permanently removed from the teacher's classroom, unless the teacher objects, or unless the principal, with the concurrence of the building level committee, finds the striking incident to be entirely inadvertent.
Upon the student being removed from class and sent to the principal's office, the principal or designee shall conduct a counseling session with the student to discuss the particular misconduct. Once removed, the student shall not be readmitted to the classroom until the principal has implemented one of the following disciplinary measures:
In-school suspension
Detention
Suspension
Initiation of expulsion hearings
Assignment to an alternative school
Requiring the completion of all assigned school and homework which would have been assigned and completed by the student during the period of suspension.
Any other disciplinary measure authorized by the principal with the concurrence of the teacher or building level committee.
Parental Notification
The principal or his/her designee shall provide oral or written notification to the parent or legal guardian of any student removed from the classroom. Such notification shall include a description of any disciplinary action taken.
When a student has been removed from a classroom, the teacher may require the parent, tutor, or legal guardian of the student to have a conference with the teacher in the presence of the principal or his or her designee before the student is readmitted. Upon the student’s third removal from the same classroom, the teacher and principal shall discuss the student's disruptive behavior and contemplated disciplinary measures to be taken before the principal implements such measures. If appropriate, the principal may send a Request for Assistance form to the building level committee requesting review and assistance. In addition, a conference between the teacher or other appropriate school employee and the student’s parent, tutor, or legal guardian shall be required prior to the student being readmitted. If the disruptive behavior persists, the teacher may request that the principal transfer the student into another setting.
STUDENT MISCONDUCT AT END OF YEAR
Any non-graduating student who commits offenses during the last ten (10) days of the school year, which carry recommendations for suspension or expulsion beyond the end of the school year, shall have such recommendation extended into the next school year.
Any graduating senior who commits a serious major or criminal infraction after the last regular class period, as held up by the Superintendent or his/her designee, shall be excluded from year-end activities, including graduation exercises.
PARENT CONFERENCES
In any case where a teacher, principal, or other school employee is authorized to require the parent, tutor, or legal guardian of a student to attend a conference or meeting regarding the student’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. Notice of the conference, specifying the time and date of the conference, shall be given by contacting the parent, tutor, or legal guardian by telephone at the telephone number shown on the student’s registration card or by sending a certified letter to the address shown on the student’s registration card.
REPORTS TO PRINCIPAL
Any teacher or other school employee may report to the principal any student who acts in a disorderly manner or is in violation of school rules, or any misconduct or violation of school rules by a student who may or may not be known to the teacher or employee. Incidents of alleged discipline violations shall be reported on the School Behavior Report/School Bus Behavior Report form provided by the Louisiana Department of Education. The forms shall be submitted in accordance with procedures outlined by the School Board, the Superintendent, and school system personnel. The principal shall review and act upon such information submitted, to determine if suspension or other disciplinary action is necessary.
Should the principal fail to act on any report of misconduct or school violation, he/she shall explain the reasons for doing so to the Superintendent or his/her designee and to the teacher or school employee, student, parent, or legal guardian reporting the violation.
DELINQUENT STUDENTS
Students who regularly disrupt the normal school environment shall be considered as delinquent, and may be reported by appropriate school personnel to the juvenile court. Any student that exhibits disruptive behavior, an incorrigible attitude, or any other discipline problems in general may be recommended by the principal for expulsion, assignment to an appropriate alternative educational placement, or transfer to adult education if the student is:
Seventeen (17) years of age or older with less than five (5) units of credit toward graduation;
Eighteen (18) years of age or older with less than ten (10) units of credit toward graduation; or
Nineteen (19) years of age or older with less than fifteen (15) units of credit toward graduation.
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.
DISCIPLINE OF STUDENTS WITH DISABILITIES
Discipline of students with disabilities shall be in accordance with applicable state or federal laws and regulations. The Superintendent or his/her designee shall develop and implement procedures for the discipline of students with disabilities, accordingly.
DISCIPLINE OF STUDENTS ENGAGED IN VIRTUAL INSTRUCTION
The School Board shall adopt disciplinary measures that define the rules of conduct and expectations of students engaged in virtual instruction, including clearly defined consequences of conduct, and shall take into consideration the students’ and their families’ rights to privacy and other constitutional rights while at home or in a location that is not school property. Any such disciplinary measures adopted by the School Board shall be included in the policy JDF, Discipline During Virtual Instruction.
DEFINITIONS
Suspension shall mean that student is temporarily prohibited from participating in his/her usual placement within school. This usually involves temporary removal from school.
In-school suspension shall mean (1) student is removed from his/her usual classroom placement to an alternative educational placement for a minimum of one complete school day, and (2) no interruption of services occurs. (An alternative educational placement may be located on or off the school site, provided that the student continues to receive instructional services and remains under the supervision of school personnel or their designees.)
Detention shall mean activities, assignments, or work held before the normal school day, after the normal school day, or on weekends. Failure or refusal by a student to participate in assigned detention shall subject the student to immediate suspension. Assignments, activities, or work which may be assigned during detention include, but are not limited to, counseling, homework assignments, behavior modification program, or other activities aimed at improving the self-esteem of the student.
Expulsion shall mean the removal of a student from school for at least one school semester.
In-school expulsion shall mean (1) Student is temporarily removed from his/her usual classroom placement to an alternative educational placement for a period of time specified by the Office of Child Welfare and Attendance, and (2) no interruption of instructional services occurs. (An alternative educational placement may be located on or off the school site, provided that the student continues to receive instructional services and remains under the supervision of school personnel of their designees.)
Virtual instruction means instruction provided to a student through an electronic delivery medium, including, but not limited to, electronic learning platforms that connect to a student in a remote location to classroom instruction.
Revised: December 17, 2020
Ref: 42 USC 12112 et seq. (Equal Opportunity for Individuals with Disabilities)
42 USC 12132 et seq. (Discrimination in Public Places)
La. Rev. Stat. Ann. §§17:223, 17:224, 17:233, 17:239, 17:252, 17:416, 17:416.1, 17:416.13
Pupil Appraisal Handbook, Bulletin 1508
Regulations for Implementation of the Exceptional Children's Act, Bulletin 1706, Louisiana Department of Education
Board minutes, 12-17-20
Orleans Parish School Board