FILE: JDE
EXPULSION
The Orleans Parish School Board may expel a student from school if an offense committed by the student is serious enough to warrant such action or is in violation of state law. The School Board shall utilize the citywide Student Hearing Office and common student expulsion policies and procedures to manage student expulsions.
EXPULSION PROCEDURES
Upon the recommendation for expulsion of a student by the principal, the Student Hearing Office shall conduct a hearing to determine the facts of the case and make a finding of whether or not the student is guilty of conduct warranting an expulsion. Parents shall be notified of the time, date, and place of the expulsion hearing. Following the hearing, the Student Hearing Office shall notify the parents of the decision rendered.
At the hearing, the principal and/or teacher concerned may be represented by any person appointed by the Superintendent and the concerned teacher shall be permitted to attend and present any relevant information. The school principal may suspend the student until the hearing.
Upon the conclusion of the hearing and upon finding the student guilty of conduct warranting expulsion, the Student Hearing Office shall determine whether such student shall be expelled and the specified period of expulsion, or if other disciplinary action shall be taken, according to the common student expulsion policies. During an expulsion, the Superintendent shall ensure placement of the student in an alternative school or in an alternative educational setting.
APPEALS
The parent or tutor of the student who has been recommended for expulsion in accordance with state law may, within five (5) days after the decision to expel has been rendered, request an appeal to review the findings of the Student Hearing Office to affirm, modify, or reverse the action of the Student Hearing Office, otherwise the decision of the Student Hearing Office shall be final. If requested, as herein provided, and after reviewing the findings of the Student Hearing Office, the School Board may affirm, modify, or reverse the action previously taken. The parent or tutor of the student shall have such right of review even if the recommendation is reduced to a suspension.
The parent or tutor of the student who has been recommended for expulsion in accordance with state law may, within ten (10) days, appeal to the district court for the parish in which the student’s school is located, an adverse ruling of the School Board in upholding the action of the Superintendent or his/her designee. The court may reverse or revise the ruling of the School Board upon a finding that the ruling of the School Board was based on an absence of any relevant evidence in support thereof. The parent or tutor of the student shall have such right to appeal to the School Board and the district court even if the recommendation for expulsion is reduced to a suspension.
EXPULSION OFFENSES
Expellable offenses are incidents that occur on school property or grounds, on school vehicles, or at school activities, which severely interfere with safety and learning, are of a threatening or harmful nature, and/or are legal violations.
All expulsion recommendations are made at the discretion of the principal at the school in which the student is enrolled. A principal may recommend a student for expulsion for one or more of the offenses detailed in the common student expulsion policies.
In accordance with federal law, a student determined to have brought a firearm, as defined by 18 USC 921(a), to a school under the School Board's jurisdiction shall be referred to the criminal justice or juvenile delinquency system and shall be expelled for a minimum of one calendar year, unless the Student Hearing Office modifies the expulsion requirement on a case-by-case basis in writing
Students shall not, under any circumstances, be recommended for expulsion for committing the following offenses:
Disrespect or willful disobedience;
Uniform violations; and
Repeated suspensions for violations not listed in expellable offenses.
Interventions, term of expulsion, and/or alternative placement for expelled students shall be determined by the Student Hearing Office based on the facts of each case and in accordance with the common student expulsion policies.
EXPULSION NOT APPLICABLE
Expulsion shall not apply to the following:
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.
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/her person at all times when in possession of any controlled dangerous substance which shall be subject to verification.
In addition, school officials, in accordance with statutory provisions, shall have total discretion and shall exercise such discretion in imposing on a student any disciplinary actions authorized by state law for possession by a student 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 student's intent to use the firearm or knife in a criminal manner.
READMITTANCE FOLLOWING EXPULSION
Required Parent Conference
In each case of expulsion, the Student Hearing Office shall contact the parent, tutor, or legal guardian of the student to notify them of the expulsion, and establish a date and time for a conference with the principal or designee as a requirement for readmitting the student.
Review of Records
A student who has been 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 Student Hearing Office following the request for admission. To facilitate the review and approval for readmittance, the student shall provide to the Student Hearing Office information on the dates of any expulsions and the reasons therefor. Additionally, the transfer of student records to any school or system shall include information on the dates of any expulsions and the reasons therefor.
CREDIT FOR SCHOOL WORK MISSED
A student who is expelled and receives educational services at an alternative school site shall be assigned work by a qualified teacher and shall receive credit for school work if it is completed satisfactorily and timely as determined by the teacher.
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.
EXPULSION OF STUDENTS WITH DISABILITIES
Expulsion of students with disabilities shall be in accordance with applicable state or federal laws and regulations.
Revised: December 17, 2020
Ref: 18 USC 921 (Firearms - Definitions)
20 USC 7961 (Gun-Free Requirements)
La. Rev. Stat. Ann. §§17:223, 17:416, 17:416.1, 17:416.2, 17:2092
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, 12-17-20
Orleans Parish School Board