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 or the School Board’s code of conduct. The School Board shall utilize the citywide Student Hearing Office and common student expulsion policies and procedures to manage student expulsions. Prior to any expulsion the school principal or his/her designee shall advise the student of the particular misconduct of which he/she is accused as well as the basis for such accusation, and the student shall be given an opportunity at that time to explain his/her version of the facts. The principal/designee shall contact the parent 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. Notice shall be given by contacting the parent or legal guardian by telephone at the telephone number shown on the student's registration card, or by electronic communication and additionally by a certified letter sent to the address shown on the student's registration card. If the parent or legal guardian fails to attend the required conference within five (5) school days of notification, the truancy laws shall be effective.
EXPULSION PROCEDURES
Upon the recommendation for expulsion of a student by the principal a hearing shall be conducted by the Student Hearing Office 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. The Student Hearing Office must provide written notice of the hearing to the student and his/her parent or legal guardian, and the notice shall advise the student and his/her parent or legal guardian of their rights. Notification of the time, date, and place of the expulsion hearing shall be mailed to the parents. Following the hearing, the Superintendent or his/her designee 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. 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. §17:416.2.
Upon the conclusion of the hearing and upon finding the student guilty of conduct warranting expulsion, the Superintendent shall determine whether such student shall be expelled and the specified period of expulsion, or if other disciplinary action shall be taken. Unless otherwise stipulated by state statutes, the period of expulsion shall not be less than one school semester and may carry over into the next school year, if necessary. During an expulsion, the Superintendent shall place the student in an alternative school or in an alternative educational placement.
APPEALS
The parent or legal guardian 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, submit a request to the School Board to review the findings of the Superintendent or designee at a time set by the School Board; otherwise the decision of the Superintendent shall be final. If requested, as herein provided, and after reviewing the findings of the Superintendent or his/her designee, the School Board may affirm, modify, or reverse the action previously taken. The parent or legal guardian of the student shall have such right of review even if the recommendation is reduced to a suspension.
The parent or legal guardian of the student who has been recommended for expulsion in accordance with state law may, within ten (10) school 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 legal guardian of the student shall have such right to appeal to 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.
VIRTUAL INSTRUCTION
The provisions related to mandatory recommendation for expulsion shall not be applied to virtual instruction received by a student in the student's home.
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 medical provider. However, the student shall carry evidence of the prescription or medical provider’s order on his/her person at all times when in possession of any controlled dangerous substance which shall be subject to verification. Evidence of the prescription or medical provider’s order includes possession of the controlled dangerous substance in its original packaging as received from the pharmacy.
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.
DRESS CODE VIOLATIONS
A student enrolled in grades prekindergarten through five shall not be expelled from school for a uniform violation that is not tied to willful disregard of school policies.
READMITTANCE FOLLOWING EXPULSION
Required Parent Conference
In each case of expulsion, the school principal, or his or her designee, shall contact the parent 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. Notice shall be given by sending a certified letter to the address shown on the student's registration card. Also, additional notification may be made by contacting the parent or legal guardian by telephone at the telephone number shown on the student's registration card.
If the parent or legal guardian fails to attend the required conference within five (5) school days of notification, the student may be considered a truant and dealt with according to all applicable statutory provisions. On not more than one occasion each school year when the parents or legal guardian refuses to respond, the principal may determine whether readmitting the student is in the best interest of the student. On any subsequent occasions in the same school year, the student shall not be readmitted unless the parent 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 or legal guardian of a student to attend a conference or meeting regarding the student's behavior and after notice, the parent or legal guardian willfully refuses to attend, the principal or his or her designee shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction.
Readmittance After All Expulsions
Any student expelled may be readmitted to school on a probationary basis at any time during the expulsion period on such terms and conditions as may be stipulated by the School Board. Readmission to school on a probationary basis shall be contingent on the student and legal guardian or custodian agreeing in writing to the conditions stipulated. Any such agreement shall contain a provision for immediate removal of the student from school premises and returned to the school system’s alternative school setting without benefit of a hearing or other procedure upon the principal or Superintendent determining the student has violated any term or condition of the agreement. Immediately thereafter, the principal or designee shall provide proper notification in writing of the determination and reasons for removal to the Superintendent and the student's parent or legal guardian.
Readmittance After Expulsion for Firearms, Knives, Weapons, or Drugs
In addition to the readmittance provisions for all expulsions stated above, a student that has been expelled for possessing on school property or on a bus, a firearm, knife, or other dangerous weapon, or possessing or possession with intent to distribute or distributing, selling, giving, or loaning while on school property or a school bus any controlled dangerous substance shall not be enrolled or readmitted to any regular public school of the school system on a probationary basis prior to the completion of the period of expulsion at the school system’s alternative education setting until the student produces written documentation that he/she and his/her parent or legal guardian have enrolled and participated or is participating in an appropriate rehabilitation or counseling program related to the reason(s) for the student’s expulsion. The rehabilitation or counseling programs shall be provided by such programs approved by the juvenile or family court having jurisdiction, if applicable, or by the School Board. The requirement for enrollment and participation in a rehabilitation or counseling program shall be waived only upon a documented showing by the student that no appropriate program is available in the area or that the student cannot enroll or participate due to financial hardship.
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 School Board following the request for admission. To facilitate the review and approval for readmittance, the student shall provide to the School Board 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 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 was expelled.
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 OR EXCEPTIONALITIES
Expulsion of students with disabilities or exceptionalities, or an Individualized Education Program or Section 504 Individualized Accommodation Plan, shall be to the extent allowed by applicable state or federal law and regulations or the provisions of the student’s specific plan.
DEFINITIONS
Definitions of terms used herein shall have the meaning set forth in policy JD, Discipline.
Revised: December 17, 2020
Revised: November 17, 2022
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, 11-17-22
Orleans Parish School Board