§ 17:416 — Discipline of students; suspension; expulsion
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§416. Discipline of students; suspension; expulsion A.
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§416. Discipline of students; suspension; expulsion
A.(1)(a) All public schools shall endeavor to address student behavior with a focus
on evidence-based interventions and supports. Schools shall endeavor to prioritize
classroom- and school-based interventions in lieu of out-of-school disciplinary removals to
address student misconduct in order to minimize the loss of academic instructional time.
Every teacher and other school employee shall endeavor to hold every student accountable
for his behavior in school or on the playgrounds of the school, on the street or road while
going to or returning from school, on any school bus, during intermission or recess, or at any
school-sponsored activity or function. Nothing in this Subparagraph shall prohibit a public
school governing authority or its employees from disciplining a student in accordance with
the provisions of this Section.
(b)(i) Each teacher and school employee may take disciplinary action to correct a
student who violates school rules or who interferes with an orderly education process. No
principal or administrator shall prohibit or discourage a teacher or school employee from
taking disciplinary action, recommending disciplinary action, or completing a form to initiate
disciplinary action against a student who violates school policy or who interferes with an
orderly education process. No principal or administrator shall retaliate or take adverse
employment action against a teacher or school employee for taking disciplinary action
against a student. The provisions of this Item shall apply only if the disciplinary action that
the teacher or school employee takes is in accordance with policy adopted by the public
school governing authority.
(ii) In addition to those procedures set forth in R.S. 17:416.14 regarding bullying,
disciplinary action by a school employee may include but is not limited to:
(aa) Oral or written reprimands.
(bb) Referral for a counseling session which shall include but shall not be limited to
conflict resolution, social responsibility, family responsibility, peer mediation, and stress
management.
(cc) Written notification to parents of disruptive or unacceptable behavior, a copy
of which shall be provided to the principal.
(dd) Other disciplinary measures approved by the principal and faculty of the school
and in compliance with school board policy.
(c)(i) When a student's behavior prevents the orderly instruction of other students or
poses an immediate threat to the safety or physical well-being of any student or teacher or
when a student violates the school's code of conduct, the teacher shall have the student
immediately removed from his classroom and placed in the custody of the principal or his
designee.
(ii)(aa) Upon being sent to the principal's office pursuant to the provisions of this
Subparagraph, the principal or his designee shall advise the student of the particular
misconduct of which he is accused as well as the basis for such accusation, and the student
shall be given an opportunity at that time to explain his version of the facts. The principal
or his designee then shall conduct a counseling session with the student as may be
appropriate to establish a course of action consistent with school board policy to identify and
correct the behavior for which the student is being disciplined.
(bb) The principal or his designee shall provide oral or written notification to the
parent or legal guardian of any student removed from the classroom pursuant to the
provisions of this Subparagraph. Such notification shall include a description of any
disciplinary action taken.
(cc) The principal or his designee may provide oral or written feedback to teachers
initiating the removal of students from the classroom. The principal or his designee may
provide to such teachers guidance and support on practicing effective classroom management
including but not limited to positive behavior supports.
(dd) The principal or designee shall follow all procedures set forth in R.S. 17:416.14
regarding bullying.
(iii) A student in kindergarten through grade five removed from a class pursuant to
this Subparagraph shall not be permitted to return to the class for at least thirty minutes
unless agreed to by the teacher initiating the disciplinary action. A student in grades six
through twelve removed from a class pursuant to this Subparagraph shall not be permitted
to return to the class during the same class period unless agreed to by the teacher initiating
the disciplinary action. Additionally, the student shall not be readmitted to the class until the
principal has implemented at least one of the following disciplinary measures:
(aa) Conferencing with the principal or his designee.
(bb) Referral to counseling.
(cc) Peer mediation.
(dd) Referral to the school building level committee.
(ee) Restorative justice practices.
(ff) Loss of privileges.
(gg) Detention.
(hh) In-school suspension.
(ii) Out-of-school suspension.
(jj) Initiation of expulsion hearings.
(kk) Referral for assignment to an alternative setting.
(ll) Requiring the completion of all assigned school work and homework that would
have been assigned and completed by the student during the period of out-of-school
suspension.
(mm) Any other disciplinary measure authorized by the principal with the
concurrence of the teacher or the school building level committee pursuant to law and board
policy.
(iv) When a student is removed from a classroom pursuant to this Subparagraph, the
teacher or the principal or his designee may require that the parent or legal guardian of the
student have a conference with the teacher or the principal or his designee. Such conference
may be in person or by telephone or other virtual means.
(v) Upon the third removal from the same classroom pursuant to this Subparagraph,
the teacher and the principal shall discuss the disruptive behavior patterns of the student and
the potentially appropriate disciplinary measure before the principal implements a
disciplinary measure. In addition, a conference between the teacher or other appropriate
school employee and the student's parent or legal guardian is required prior to the student
being readmitted to that same classroom. Such conference may be in person or by telephone
or other virtual means. If such conference is required by the school, the school shall give
written notice to the parent.
(vi)(aa) For students who experience multiple behavioral incidents or disciplinary
referrals, a principal or his designee shall consider a referral of the matter to an appropriate
school building level committee. If disruptive behavior persists, the teacher may request that
the principal transfer the student into another setting.
(bb) Each city, parish, or other local public school board may adopt a policy that
requires the parent or legal guardian of a student removed from the classroom pursuant to
this Subparagraph to attend after school or Saturday intervention sessions with the student.
Such a policy, if adopted, shall be enumerated in the code of conduct and shall include
accommodations for parents and legal guardians who demonstrate a documented inability
to attend due to work or disability or other health matters pertaining to the parent or legal
guardian or a family member under his care. The school board may refer a parent who fails
to attend such session to the court of competent jurisdiction in accordance with Chapter 2 of
Title VII of the Children's Code. Each time a parent is referred to the court of competent
jurisdiction, the court may impose a fine of not less than twenty-five dollars and not more
than two hundred fifty dollars, forty hours of court-approved school or community service
activities, or a combination of forty hours of court-approved school or community service
and attendance at a court-approved family counseling program by both a parent or legal
guardian and the student, and may suspend any recreational license issued by the Department
of Wildlife and Fisheries.
(vii)(aa) Notwithstanding any provision of law to the contrary, whenever a student
is formally accused of violating the provisions of R.S. 14:34.3 or school disciplinary rules,
or both, by committing a battery on any school employee or is formally accused of violating
the provisions of R.S. 14:38.2 or school disciplinary rules, or both, by committing an assault
on any school employee, the principal shall suspend the student from school immediately and
the student shall be removed immediately from the school premises without the benefit of
the out-of-school suspension procedures provided by this Section; however, the necessary
notifications and other procedures shall be implemented as soon as is practicable.
(bb) No student suspended in accordance with the provisions of this Item shall be
considered for readmission to the school to which the school employee, allegedly assaulted
or battered, or both, by the student, is assigned until all hearings and appeals associated with
the alleged violation have been exhausted.
(cc) Except when the school system has no other school of suitable grade level for
the student to attend, no student found guilty by a court of competent jurisdiction of violating
the provisions of R.S. 14:34.3 or 38.2, or both, or found guilty at a school system suspension
hearing of committing a battery or assault on any school employee, or both, shall be assigned
to attend or shall attend the school to which the school employee battered or assaulted by the
student is assigned.
(dd) Notwithstanding any provision of R.S. 17:158 to the contrary, a school system
shall not be required to provide transportation to any student reassigned to attend a school
pursuant to the provisions of this Item if providing such transportation for the student will
result in additional transportation costs to the school system.
(2) As used in this Section:
(a) "Bullying" is defined in R.S. 17:416.14.
(b)(i) "Detention" means activities, assignments, or work held before the normal
school day, after the normal school day, or on weekends.
(ii) Failure or refusal by a student to participate in assigned detention may subject
the student to immediate out-of-school suspension.
(iii) Assignments, activities, or work which may be assigned during detention
include but are not limited to counseling, homework assignments, behavior modification
programs, or other activities aimed at improving the behavior and conduct of the student.
(iv) Each city, parish, or other local public school board shall adopt rules regarding
the implementation of detention.
(c) Unless otherwise defined as a permanent expulsion and except as otherwise
provided by Subsections B and C of this Section, "expulsion" shall be defined as a removal
from all regular school settings for a period of not less than one school semester. During an
expulsion the superintendent shall place the student in an alternative school or in an
alternative educational placement.
(d) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine
gun, black powder weapon, or assault rifle that is designed to fire or is capable of firing fixed
cartridge ammunition or from which a shot or projectile is discharged by an explosive.
(e)(i) "In-school suspension" means removing a student from his normal classroom
setting but maintaining him under supervision within the school. Students participating in
in-school suspension shall receive credit for work performed during the in-school
suspension. However, any student who fails to comply fully with the rules for in-school
suspension may be subject to immediate out-of-school suspension.
(ii) Each city, parish, or other local public school board shall adopt rules regarding
the implementation of in-school suspension.
(f) "Out-of-school suspension" means the removal of a student from all classes of
instruction on public school grounds and all other school-sponsored activities.
(3)(a) A school principal may suspend from school or suspend from riding on any
school bus any student who:
(i) Is guilty of willful disobedience.
(ii) Treats a teacher, principal, superintendent, member, or employee of the city,
parish, or other local public school board with intentional disrespect.
(iii) Makes against any one of them an unfounded charge.
(iv) Uses unchaste or profane language.
(v) Is guilty of immoral or vicious practices, or of conduct or habits injurious to his
associates.
(vi) Uses tobacco or who possesses alcoholic beverages or any controlled dangerous
substance governed by the Uniform Controlled Dangerous Substances Law, in any form, in
school buildings, on school grounds, or on school buses owned by, contracted to, or jointly
owned by any city, parish, or other local public school board.
(vii) Disturbs the school and habitually violates any rule.
(viii) Cuts, defaces, or injures any part of public school buildings, any property
belonging to the buildings, or any school buses owned by, contracted to, or jointly owned by
any city, parish, or other local public school board.
(ix) Writes any profane or obscene language or draws obscene pictures in or on any
school material or on any public school premises, or on any fence, pole, sidewalk, or building
on the way to or from school, or on any school bus, including those owned by, contracted to,
or jointly owned by any city, parish, or other local public school board.
(x) Is found carrying firearms, knives, or other implements which can be used as
weapons, the careless use of which might inflict harm or injury.
(xi) Throws missiles liable to injure other persons on the school grounds or while on
any school bus, including those owned by, contracted to, or jointly owned by any city, parish,
or other local public school board.
(xii) Instigates or participates in fights while under school supervision.
(xiii) Violates traffic and safety regulations.
(xiv) Leaves the school premises without permission.
(xv) Leaves his classroom during class hours or detention without permission.
(xvi) Is habitually tardy or absent.
(xvii) Has engaged in bullying.
(xviii) Commits any other serious offense.
(b)(i) Prior to any out-of-school suspension, assignment to alternative placement, or
expulsion, the school principal or his designee shall advise the student in question of the
particular misconduct of which he is accused as well as the basis for such accusation, and the
student shall be given an opportunity at that time to explain his version of the facts to the
school principal or his designee. In each case of out-of-school suspension, assignment to
alternative placement, or expulsion, the school principal or his designee shall contact, by
telephone at the telephone number shown on the student's registration card or by electronic
communication or a certified letter sent to the address shown on the student's registration
card, the parent or legal guardian of the student in question giving notice of the out-of-school
suspension, assignment to alternative placement, or expulsion, the reasons therefor, and
establishing a date and time for a conference with the principal or his designee as a
requirement for readmitting the student. In the case of expulsion, the contact with the parent
or guardian shall include a certified letter. If the parent or legal guardian fails to attend the
required conference within five school days of mailing the certified letter or other contact
with the parent, the truancy laws shall become effective. On not more than one occasion
each school year when the parent 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 year, the student shall not be readmitted unless the parent,
legal guardian, court, or other appointed representative responds. A student 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 in this Item; however, the necessary
procedure shall follow as soon as is practicable.
(ii)(aa) If a teacher, principal, or other school employee is authorized by this Section
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 designee shall file a complaint with a court exercising
juvenile jurisdiction, pursuant to Children's Code Articles 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 student.
(bb) The principal, assistant principal, or child attendance and welfare supervisor or
his assistant of any school, public or nonpublic, 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).
(c) Any parent or legal guardian of a student suspended shall have the right to appeal
to the local superintendent of schools or his designee, who shall conduct a hearing on the
merits. The decision of the superintendent of schools on the merits of the case, as well as the
term of the out-of-school suspension, shall be final, reserving to the superintendent of
schools the right to remit any portion of the time of the out-of-school suspension.
(d) A student suspended for damage to any property belonging to the school system
or to property contracted to the school system or any property on school grounds owned by
a school employee or student shall not be readmitted until payment in full has been made for
such damage, an alternative restitution arrangement has been executed, an alternative
payment plan has been arranged, or until directed by the superintendent of schools. If the
property damaged is a school bus owned by, contracted to, or jointly owned by any city,
parish, or other local public school board, a student suspended for such damage shall not be
permitted to enter or ride any school bus until payment in full has been made for such
damage, an alternative restitution arrangement has been executed, an alternative payment
plan has been arranged, or until directed by the superintendent of schools.
(e) A student who is suspended for ten days or fewer shall be assigned school work
missed while he is suspended and shall receive the same credit originally available for such
work if it is completed satisfactorily and timely as determined by the principal or his
designee, upon the recommendation of the student's teacher. A student who is suspended for
more than ten days, or 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 suspended or
expelled.
(f) When a student is suspended for a second time within one school year, the
principal may require that a counseling session be held with the parent and student by the
school counselor if a counselor is assigned or available to that school. In the event there is
no school counselor assigned to that school, the principal may require a conference between
the parent, student, and all of the student's teachers and the principal or other administrator.
(4) The governing authority of each public elementary and secondary school shall
adopt such rules and regulations as it deems necessary to implement the provisions of this
Subsection and of R.S. 17:416.14. Such rules and regulations shall include but not be limited
to the following provisions:
(a) A procedure permitting any teacher or other school employee to report any
violation of the provisions of this Subsection to the appropriate school principal. The
procedure shall provide for the uniform use throughout the school system of two forms to
report incidents of alleged discipline violations. One form shall be used to report only school
transportation-related incidents and one form shall be used to report all other incidents.
(i) The form for reporting a transportation-related incident shall provide for the
following information:
(aa) Bus number and name of operator.
(bb) Student name and grade level.
(cc) School name and name of the principal.
(dd) Date of the incident and whether it occurred on the way to or on the way from
the school or school function.
(ee) A menu of check-off items to indicate the nature of the incident, including
fighting or bullying at the bus stop, fighting or bullying on the bus, smoking on the bus,
leaving the bus without permission, boarding the bus at the incorrect stop, showing
disrespect toward the operator, committing an immoral or vicious act, throwing objects
within the bus or out of bus windows or doors, refusing to occupy an assigned seat, using
profane language, showing willful disobedience, defacing the bus, carrying objects or
implements which can be used as weapons, or committing some other undesignated
violation.
(ff) Space to provide specific remarks and comments concerning the incident and
alleged discipline violation.
(gg) Space to indicate a student's prior history of discipline violations related to
school transportation incidents.
(hh) A statement to be signed and dated by the bus operator or other school
employee, if applicable, that the named student is causing a discipline problem, that
disciplinary action against the student is recommended, and that the signatory desires to be
informed of action taken on the incident report or the reasons for not taking action.
(ii) A space to report action taken on the incident report, including a menu of check-off items to indicate that a parent or other person responsible for the student's school
attendance has been contacted, that a conference has been conducted with the student's parent
or other responsible person, that the student has been reprimanded, that the student has been
suspended from receiving school transportation services and for what period of time, that the
student has been suspended from school and for what period of time, or that some other
action has been taken and an explanation of such action. The report on action taken shall be
dated and signed by the school principal.
(jj) Space for comments and remarks by the student or a student's parent or other
responsible person concerning the incident and action taken.
(kk) A menu of check-off items to indicate that copies of the completed document
have been supplied to the student's parent or other responsible person, the school's student
file, the school employee filing the incident report, the supervisor of transportation services
for the school system, and the principal.
(ll) Such other information as may be determined by the city, parish, or other local
public school board.
(ii) The form for reporting a nontransportation-related incident shall provide for the
following information:
(aa) School name.
(bb) Name and telephone number of the student.
(cc) Indication of whether the student is in regular or special education and the
student's homeroom number.
(dd) Time and location of the incident.
(ee) Space to provide specific remarks and comments concerning the incident and
alleged discipline violation.
(ff) A menu of check-off items indicating action taken by the teacher, including
having a conference with the student; assigning remedial work; referring the student to a
counselor, social worker, or certified school psychologist; placing the student in detention;
or taking other action with an explanation of such other action.
(gg) A menu of check-off items indicating the type and date of contact with the
student's parent or other person responsible for the student's school attendance, including by
phone, by letter, by school conference, or by behavior reports.
(hh) A space for recommendations from the teacher or other school employee
initiating the incident report.
(ii) A statement to be signed and dated by the teacher or other school employee
initiating the incident report that the named student is causing a discipline problem, that
disciplinary action against the student is recommended, and that the signatory desires to be
informed of action taken on the incident report or the reasons for not taking action.
(jj) A space to report action taken on the incident report, including a menu of check-off items to indicate contact with the student's parent or other responsible person, conduct
of a conference with the student and the student's parent or other responsible person and a
summary of conference proceedings, referral to a counselor, issuance of a reprimand,
placement on detention, placement on probation, suspension, or that some other action has
been taken and an explanation of such action. The report on action taken shall be dated and
signed by the school principal.
(kk) Space for comments and remarks by the student or a student's parent or other
responsible person concerning the incident and action taken.
(ll) A menu of check-off items to indicate that copies of the completed document
have been supplied to the student's parent or other responsible person, the school's student
file, the teacher or other school employee filing the incident report, and the principal.
(mm) Such other information as may be determined by the city, parish, or other local
public school board.
(iii) The State Board of Elementary and Secondary Education shall develop the forms
necessary to implement the provisions of this Subparagraph and such forms shall be used by
each city, parish, or other local public school board.
(b) Procedures implementing the provisions of R.S. 17:416.14 regarding bullying.
(c) A procedure requiring that, within a reasonable period of time, a principal shall
review any such report and then act upon it as provided by this Section, or R.S. 17:416.14,
or explain the reasons for failing to act to the local superintendent of schools or his designee
and to the teacher, other school employee, student, parent, or legal guardian reporting the
violation.
(5) The provisions of this Subsection shall not be construed to conflict with any
federal or state rules or regulations or other guidelines, including but not limited to those
affecting students with exceptionalities as defined in R.S. 17:1941 et seq.
(6) In carrying out the provisions of this Section, school employees and
administrators shall account for and abide by any relevant provisions contained in the
Individualized Education Program, Behavior Intervention Plan, or Section 504 Plan, as well
as the general requirements of the federal Individuals with Disabilities Education Act.
B.(1)(a) Any student, after being suspended for committing any of the offenses
enumerated in this Section, may be expelled upon recommendation by the principal of the
public school in which the student is enrolled, which recommended expulsion shall be
subject to the provisions of Subsection C of this Section.
(b)(i) Notwithstanding the provisions of Subsection A of this Section, the principal
or his designee shall immediately suspend a student who is found carrying or possessing a
firearm or another dangerous instrumentality other than a knife, or who possesses,
distributes, sells, gives, or loans any controlled dangerous substance governed by the
Uniform Controlled Dangerous Substances Law, in any form. The principal or his designee
shall immediately recommend the student's expulsion in accordance with Subsection C of
this Section.
(ii)(aa) Except as provided in Item (c)(i) of this Paragraph, no student shall be
permitted to carry or possess a knife of any blade length.
(bb) A student who is found carrying or possessing a knife with a blade less than two
and one-half inches in length may be suspended by the school principal as provided in
Paragraph (A)(3) of this Section; however, in appropriate cases such student, at a minimum,
shall be placed in in-school suspension.
(cc) The principal shall immediately suspend a student who is found carrying or
possessing a knife the blade of which equals or exceeds two and one-half inches in length.
He also shall immediately recommend the student's expulsion in accordance with Subsection
C of this Section, except that in the case of a student less than eleven years of age in pre-kindergarten through grade five, the principal may recommend the student's expulsion in
accordance with Subsection C of this Section.
(c) The provisions of this Section shall not apply to the following:
(i) A student carrying or possessing a firearm or knife for purposes of involvement
in a school class or course or school-approved cocurricular or extracurricular activity or any
other activity approved by the appropriate school officials.
(ii) A student possessing any controlled dangerous substance governed by the
Uniform Controlled Dangerous Substances Law that has been obtained directly or pursuant
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 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.
(2) Any student who has been suspended on three occasions for committing any of
the offenses enumerated in this Subsection or Subsection C of this Section during the same
school year shall, upon committing the fourth such offense, be expelled from all of the public
schools of the city, parish, or other local public school system wherein he resided until the
beginning of the next regular school year, and the student's reinstatement shall be subject to
the review and approval of the city, parish, or other local public school board.
(3)(a)(i) No student who has been expelled pursuant to the provisions of this Section
shall be admitted to any public school in any other city, parish, or other local public school
system in the state except upon the review and approval of the school board of the school
system to which he seeks admittance.
(ii) No student who has been expelled from any public or nonpublic school outside
the state of Louisiana or any nonpublic school within Louisiana for committing any of the
offenses enumerated in this Section shall be admitted to any public school in the state except
upon the review and approval of the governing body of the admitting school.
(b) No student who has been expelled pursuant to the provisions of Paragraph (C)(2)
of this Section shall be readmitted to a regular public school in the city, parish, or other local
public school system from which he was expelled prior to the completion of the specified
period of expulsion at the school system's alternative education setting, unless he has
complied with the provisions of Subparagraph (C)(2)(d) of this Section.
(c) To facilitate the review and approval mandated by this Paragraph, any student
who has been expelled from any public or nonpublic school within or outside the state of
Louisiana shall provide to any public school or school system in the state to which the
student is seeking admission information on the dates of any expulsions and the reason or
reasons for which the student was expelled. Additionally, the transfer of a student's records
by any public school or school system in the state to any other public or nonpublic school or
school system shall include information on the dates of any expulsions and the reason or
reasons for which the student was expelled.
(d)(i) No student who has been expelled from any public or nonpublic school within
or outside the state of Louisiana for possessing on school property or on a school bus a
firearm, knife, or other dangerous weapon or instrumentality customarily used or intended
for probable use as a dangerous weapon, or for possessing, possessing with intent to
distribute, or distributing, selling, giving, or loaning while on school property or on a school
bus any controlled dangerous substance governed by the Uniform Controlled Dangerous
Substances Law may be admitted to any public elementary or secondary school in the state,
or readmitted to any such school on a probationary basis prior to the completion of the
minimum period of expulsion as provided in Subsection C of this Section, until the student
produces written documentation that he and his parent or legal guardian have enrolled and
participated in an appropriate rehabilitation or counseling program related to the reason or
reasons for the student's expulsion.
(ii) The rehabilitation or counseling required by the provisions of this Subparagraph
shall be provided by existing or new programs approved by the juvenile or family court
having jurisdiction, if applicable, or by the school system and shall be at no additional cost
to the school system. Such rehabilitation or counseling programs may include the following
components relative to successful programs, approaches, and activities for parental
involvement which better equip parents and legal guardians to provide support for the
education of their children:
(aa) Enhancing parenting skills and expanding curriculum offerings relative to
character development, the development of a healthy self-esteem and sense of personal and
social responsibility, violence prevention, and conflict resolution.
(bb) Raising the educational level of the parents and legal guardians of public school
students through instruction in basic skills.
(cc) Improving developmental skills of students to prepare them for academic
success.
(dd) Providing a role model for the child through parental interest in education.
(ee) Enabling parents and legal guardians to become familiar with and comfortable
in the school setting.
(ff) Enhancing the relationship of the parent or legal guardian and child through
planned, structured parent-school interaction.
(gg) Demonstrating to parents and legal guardians their power to affect their child's
ability to learn.
(iii) The requirements of this Subparagraph for a student's enrollment and
participation in a rehabilitation or counseling program shall be waived by the school system
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.
(iv) The provisions of this Subparagraph shall be applicable to students provided
special education services pursuant to Part I of Chapter 8 of this Title and to students who
have an Individualized Education Program or a Section 504 Individualized Accommodation
Plan only to the extent the provisions are not in conflict with federal rules, regulations, and
guidelines applicable to the education of students with exceptionalities or the provisions of
the students' specific plans.
C.(1) Upon the recommendation by a principal for the expulsion of any student as
authorized by Subsection B of this Section or a school board's code of conduct, a hearing
shall be conducted by the superintendent or his designee within fifteen 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 school board shall provide written
notice of the hearing to the student and his parent or legal guardian, and such notice shall
advise the student and his parent or legal guardian of their rights. Upon the conclusion of
the hearing and upon a finding that the student is guilty of conduct warranting expulsion, the
superintendent or his designee shall determine whether such student shall be expelled from
the school system or if other corrective or disciplinary action shall be taken. At the hearing,
the principal or teacher concerned may be represented by any person appointed by the
superintendent. The concerned teacher shall be permitted to attend such hearing and shall
be permitted to present information the teacher believes relevant. Until such hearing takes
place, the student shall remain suspended from the school with access to classwork and the
opportunity to earn academic credit. At such hearing, the student may be represented by any
person of his choice. A student who is expelled or suspended for longer than ten days shall
be provided with academic instruction at an alternative setting in accordance with R.S.
17:416.2.
(2)(a)(i) Notwithstanding the provisions of Subsection B of this Section and except
as provided in Item (ii) of this Subparagraph, any student in grades six through twelve who
is found guilty of being in possession of a firearm, a knife with a blade equal to or in excess
of two and one-half inches in length, or any illegal narcotic, drug, or other controlled
substance on school property, on a school bus, or at a school-sponsored event, pursuant to
a hearing as provided for by Paragraph (1) of this Subsection, shall be expelled from school
for a minimum period of two complete school semesters and shall be referred to the district
attorney for appropriate action. However, the superintendent may modify the length of such
minimum expulsion requirement on a case-by-case basis, provided that such modification
is in writing.
(ii) A student found guilty of being in possession of marijuana, tetrahydrocannabinol,
or any chemical derivative thereof shall not be subject to the provisions of Item (i) of this
Subparagraph unless it is the second or subsequent occurrence.
(b) Notwithstanding the provisions of Subsection B of this Section, any student in
grades six through twelve found guilty of being in possession of tobacco, alcohol, or vaping
product or found guilty on the first occurrence of being in possession of marijuana,
tetrahydrocannabinol, or any chemical derivative thereof on school property, on a school bus,
or at a school-sponsored event may be recommended for expulsion.
(c) Notwithstanding any public school state or local policies, a public school student
in grades six through twelve who is suspended a third time within the same school year for
any offense, excluding those related to dress codes or tardiness, shall be recommended for
expulsion.
(d)(i) Any student expelled from school may be readmitted on a probationary basis
to school at any time during the specified period of expulsion on such terms and conditions
as may be stipulated by the city, parish, or other local public school superintendent and
agreed to in writing by the student and by the student's parent or other person responsible for
the student's school attendance. However, any such written agreement shall include a
provision that upon the school principal or superintendent of schools making a determination
that the student has violated any term or condition agreed to, the student shall be immediately
removed from the school premises without the benefit of any hearing or other procedure
applicable to student out-of-school suspensions and expulsions and returned to the school
system's alternative school setting. As soon thereafter as possible, the principal or his
designee shall provide verbal notice to the superintendent of schools of any such
determination and also shall attempt to provide such verbal notice to the student's parent or
other person responsible for the student's school attendance. The principal or his designee
also shall provide written notice of the determination and the reasons therefor to the
superintendent and to the student's parent or other responsible person.
(ii) Any student expelled pursuant to the provisions of this Subsection or Subsection
B of this Section seeking readmission on a probationary basis prior to the end of the specified
period of expulsion shall also comply with the provisions of Subparagraph (B)(3)(d) of this
Section.
(iii) The provisions of this Subparagraph shall not be applicable to any student found
guilty by a court of competent jurisdiction, or adjudicated a delinquent by a court of
competent jurisdiction, of a criminal violation of any provision of Title 14 of the Louisiana
Revised Statutes of 1950 which is related to the reason for the suspension, unless the judge
finds otherwise.
(3)(a) Any student arrested for possession of, or intentional distribution of, or
possession with intent to distribute any illegal narcotic, drug, or other controlled substance
on school property shall be referred by the school principal or his designee, within five days
after such arrest, for testing or screening by a qualified medical professional for evidence of
abuse of alcohol, illegal narcotics, drugs, or other controlled dangerous substances.
(b) If evidence of abuse is found, the principal or his designee shall refer the student
to an alcohol and drug abuse treatment professional chosen by the student's parent or legal
guardian. If the student is found by the professional to be in need of treatment, and if the
student agrees to cooperate in the recommended treatment, as certified in writing by the
medical professional, such documentation may be used to initiate reopening the student's
case. The school board shall take into consideration the student's agreement to receive
treatment as a positive factor in the final decision relative to any final disciplinary action.
(4) The parent or legal guardian of the student who has been recommended for
expulsion pursuant to this Section may, within five days after the decision is rendered,
submit a request to the city, parish, or other local public 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. If requested as provided in this Paragraph, and after
reviewing the findings of the superintendent or his 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 for expulsion is reduced to a
suspension. Each school board's code of conduct shall include information detailing the
appeal process provided in this Paragraph and Subparagraph (5)(a) of this Subsection.
(5)(a) The parent or legal guardian of the student who has been recommended for
expulsion pursuant to this Section may, within ten 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 designee. The court may reverse or
revise the ruling of the school board upon a finding that the ruling of the 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.
(b) If a judgment is rendered in favor of a student who sought judicial review of a
decision of a school board pursuant to this Paragraph, the judgment may include an award
for reasonable attorney fees if the court finds any school official acted in a grossly negligent
manner; with deliberate disregard for the consequences of his actions to the student; with
willful or malicious indifference; with intent to deprive the student, his parent, guardian, or
tutor of due process; or initiated a charge that is knowingly false. The court may award any
damages appropriate under the circumstances and render any other appropriate relief
including but not limited to requiring the school board to issue an official apology letter,
which shall be provided to the student, his parent, legal guardian, or tutor, and retained in the
student's educational records.
D.(1) The conviction of any student of a felony or the incarceration of any student
in a juvenile institution for an act which had it been committed by an adult would have
constituted a felony may be cause for expulsion of the student for a period of time as
determined by the board. The expulsion shall require the vote of two-thirds of the elected
members of the school board, shall not be for a period of time longer than the student's
period of adjudication as determined by the applicable court presiding over the student's
criminal matter, and shall run concurrent to the student's period of disposition. If the student
was serving an expulsion period when the student was incarcerated for a separate offense and
the student completes the period of incarceration with time left in the expulsion period, the
superintendent or his designee may require the student to serve the time left in the expulsion
period.
(2) The conviction of any student of a felony or the incarceration of any student in
a juvenile institution for an act, whether the act is committed in this state or outside this state,
which had it been committed by an adult would have constituted a felony in this state may
be sufficient cause for any superintendent to refuse admission of the student to any school
except upon review and approval of a majority of the elected members of the school board
when request for admission is made to the board.
E. The provisions of this Section shall be applicable to students with exceptionalities
provided special education services pursuant to Part I of Chapter 8 of this Title or to students
who have an Individualized Education Program or a Section 504 Individualized
Accommodation Plan to the maximum extent allowed by federal law and rules applicable
to the education of students with exceptionalities in the state. No policy adopted by the State
Board of Elementary and Secondary Education applicable to students with exceptionalities
as provided in this Subsection shall be more restrictive than required by federal law and
rules.
F. Notwithstanding any provision of this Section to the contrary, school officials
shall have total discretion and shall exercise such discretion in imposing on a student any
disciplinary actions authorized by this Section 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.
G. The State Board of Elementary and Secondary Education shall formulate,
develop, adopt, and fully implement methods and procedures for use as part of the board's
school approval process to determine whether or not state laws and board policies regarding
student discipline are being fully complied with by a school's administrators, teachers, and
other employees. Any school determined not to be in compliance with such laws and
procedures shall not be approved. The provisions of this Subsection shall not apply to
nonpublic schools.
H.(1) No student shall be disciplined in any manner by the governing authority of
a public elementary or secondary school or by any public elementary or secondary 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 shall be reasonable and apparently necessary to
prevent such offense.
(2) A student who is the aggressor or who brings on a difficulty cannot claim the
right provided by this Subsection to defend himself.
I.(1) Any public school administrator and any 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 both recuse themselves from doing so whenever a member of the
immediate family of the school administrator or of the administrator's designee is involved
in any manner in the recommendation to be made, the issue to be decided, or the action to
be taken. In case of such recusal, the recommendation shall be made by, the issued decided
by, or the action taken by the superintendent or an impartial designee of the superintendent.
(2) For the purposes of this Subsection, immediate family means the individual's
children, brothers, sisters, parents, and spouse and the children, brothers, sisters, and parents
of the spouse.
J. Notwithstanding the provisions of this Section or any other provision of law, a
student enrolled in grades prekindergarten through five shall not be suspended or expelled
from school or suspended from riding on any school bus for a uniform violation that is not
tied to willful disregard of school policies.
K. For the purposes of this Section, "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.
A city, parish, or other local public school board discipline policy shall clearly define the
rules of conduct and expectations of students engaged in virtual instruction, shall provide for
notice of such rules and expectations to the parents and guardians of students, shall include
clearly defined consequences of conduct, shall be narrowly tailored to address compelling
government interests, 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. The provisions of this Section related to mandatory recommendation for expulsion
shall not be applied to virtual instruction received by a student in the student's home.
L. Each city, parish, or other local public school board shall maintain and administer
student codes of conduct that meet the minimum requirements of the model master discipline
plan as provided in R.S. 17:252. Codes of conduct shall include progressive levels of minor
through major infractions and identify corresponding minor through major interventions and
consequences. Before an initial referral for a student's expulsion, codes of conduct shall
require the prior administration of interventions in accordance with the minor tiers in the
code of conduct, except in instances where the expulsion referral is the result of accumulated
minor infractions in accordance with the code of conduct, or the underlying incident
threatens the safety and health of students or staff. Expulsions shall be reserved for the major
tier of behavioral infractions involving weapons or drugs, or when the safety of students and
staff has been put in jeopardy.
M. The state Department of Education shall publish annually and publish on its
website data regarding disciplinary removals disaggregated at the state, system, and school
level and also disaggregated and capable of cross-tabulation by the characteristics of gender,
race, disability, English language learner status, and economically disadvantaged status. In
reporting such data, the department shall comply with all federal and state privacy laws and
shall strive to ensure that all relevant state accountability metrics are valid and reliable.
N. A public school governing authority that maintains a parish-wide student
expulsion process as required by R.S. 17:10.7.1(E)(4) may maintain and develop policies and
procedures for student expulsions without regard to the requirements of this Section.
O. Each city, parish, and other local public school board shall gather data and
annually report findings related to expulsions to the state Department of Education. This
report shall include:
(1) The number of students expelled after the first occasion for committing any of
the offenses enumerated in Subsection B or C of this Section.
(2) The number of students expelled after the second or subsequent occasion for
committing any of the offenses enumerated in Subsection B or C of this Section.
(3) The number of students who return to a regular school setting after completion
of the period of expulsion at an alternative school or alternative educational placement.
Related
Legislative History
Nearby Sections
15
Cite This Page — Counsel Stack
Louisiana § 17:416, Counsel Stack Legal Research, https://law.counselstack.com/statute/la/17%3A416.