State law requires districts to operate alternative school programs or to provide educational services to expelled students in an alternative setting.
Louisiana Administrative Code 28 CXV 1301. Disciplinary Regulations
A. Each LEA shall adopt such rules and regulations as it deems necessary to implement and control any disorderly conduct in the school or on the playground of the school, on any school bus, on the street or road while going to and from school, or during intermission and recess, or at any school sponsored activity or function.
- The plan shall not prohibit a teacher from removing a pupil from the classroom for disciplinary reasons.
- Each LEA shall adopt rules regarding the reporting and review of disciplinary actions. B. Teachers, principals, and administrators may, subject to any rules as may be adopted by the LEA, apply reasonable disciplinary and corrective measures to maintain order in the schools (refer to R.S. 17:416 and R.S. 17:223). C. The disciplinary rules (regulations) shall be made known to teachers, parents, and students and shall be reasonably and consistently enforced. D. Any principal who fails to act on a report of student violations of disciplinary regulations shall explain his/her reasons for such an action to the superintendent of the LEA by which he or she is employed, or to the superintendent's designee. E. Students, who, through no fault of their parents or guardians or other persons having charge of them, regularly disrupt the orderly processes of the school to which they have been assigned, shall be considered as delinquents and may be reported by the visiting teacher or supervisor of child welfare and attendance, to the district or family court of the parish having jurisdiction in juvenile matters, there to be dealt with in the manner prescribed by law. F. Schools shall provide due process prior to suspensions and expulsions. G. Students who are removed from the classroom for disruptive, dangerous, or unruly behavior or who are suspended for 10 days or less shall be assigned school work missed and shall receive either full or partial credit for such work if it is completed satisfactorily and timely as determined by the principal or designee, upon the recommendation of the student's teacher. A student who is suspended for more than 10 days or is expelled and receives educational services in an alternative school site, shall be assigned school 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. H. Each local educational governing authority LEA shall adopt rules regarding the implementation of in-school suspension and detention. I. Each LEA shall establish a discipline policy review committee comprised of sixteen members in accordance with the mandates of R.S. 17:416.8. The LEA shall establish procedures for appointing the two parent members.
Louisiana Administrative Code 28 CXV 2911. Alternative Education Providers
A. A school governing authority may enter into an agreement with an education service provider to provide an alternative education placement for students. B. Required Interventions
- The program or school run by the educational service provider must provide academic, behavioral, and mental health interventions including, but not limited to, those listed in R.S. 17:416.2(D)(3)(b) for any student who meets any of the following criteria: a. has been adjudicated delinquent by a court having juvenile jurisdiction as defined in Article 302 of the Louisiana Children's Code; b. has been adjudicated by a court as a member of a family in need of services and is assigned by the office of juvenile justice to a community-based program or facility; c. is in the custody of the office of juvenile justice as a result of an adjudication and is assigned by the office of juvenile justice to a community-based program or facility; or d. is a student who has been suspended or expelled pursuant to the provisions of R.S. 17:416(B) or (C)(2).
- Such services shall be provided to the school governing authority at the actual costs incurred by the provider, not to exceed for each student the pro rata share of the combined state and local per pupil amount of the minimum foundation program for such governing authority.
Louisiana Administrative Code 28 LXXIX 2901. Philosophy and Need for Alternative Schools/Programs
A. Alternative schools shall provide for:
- identifying the needs of students;
- using group and individualized courses of study;
- providing assistance with social skills and work habits; and
- using alternative teaching methods.
B. Alternative schools shall respond to particular educational needs within the community.
C. Any student suspended or expelled from school for a period of over 10 consecutive school days shall remain under the supervision of the LEA taking such action using alternative education programs for suspended and expelled students.
D. Any student placed in an alternative school or an alternative education program must attend and participate in such school, program, or education services.
E. Each alternative school/program shall develop and maintain a written statement of its philosophy and the major purposes to be served by the school/program. The statement shall reflect the individual character of the school/program and the characteristics and needs of the students it serves.
F. The educational school/program shall be designed to implement the stated goals and objectives, which shall be directly related to the unique educational requirements of its student body.
Louisiana Administrative Code 28 LXXXIII 3501. Alternative Education
A. Districts must provide an alternative education placement for all students suspended for a period of more than 10 consecutive schools days or expelled. Districts shall either operate an alternative program or school (direct run or charter), or enter into an agreement with an education service provider to run a program or school. B. Alternative schools and programs must be approved by BESE. Classifications must be submitted to the LDE prior to July 1 and cannot be changed until the following year. C. For the purposes of school accountability alternative schools and programs are those that:
- are established to meet the specific needs of students with special challenges that require educational environments that are alternatives to the regular classroom;
- house one or more programs designed to address discipline, dropout prevention and recovery, credit recovery, etc; and
- do not provide programs only for students who are academically advanced, gifted, talented, or pursuing specific areas of study (arts, engineering, medical, technical, etc.).
Louisiana Administrative Code 28 LXXXIII 3505. Alternative Programs
A. For the purposes of school accountability, alternative programs are those programs that provide education to suspended and/or expelled student but:
- do not enroll students; and
- do not have a site code. B. Scores for students attending alternative programs will be counted at the sending school at which the student is enrolled.
- For the purposes of this Chapter, a sending school is the last school a student attended. If the student's current grade level is not included in the configuration of the last school they attended, the LEA must enroll the student at school that includes the student's grade using a feeding pattern or attendance zone when possible. C. Starting with evidence of student progress from the 2014-2015 academic year, all alternative programs shall receive a performance report that shall include, but not be limited to, data pertaining to academic progress, credit accumulation, completion, and behavior modification.
Louisiana Revised Statutes 17:100.5. Alternative schools; establishment by local boards.
A. Parish and city school boards, with the approval of the State Board of Elementary and Secondary Education, may establish and maintain one or more alternative schools for children whose behavior is disruptive. Any alternative school shall be maintained and funded at the same level of support as other schools for children in the school district. B. The State Board of Elementary and Secondary Education shall develop, adopt, and implement guidelines for alternative schools which, at a minimum, shall provide for the following: (1) Identifying the needs of students. (2) Using group and individualized courses of study. (3) Providing assistance with social skills and work habits. (4) Using alternative teaching methods. C. (1) Teachers employed in alternative schools established pursuant to this Section shall be selected from regularly employed school teachers who volunteer. (2) Eligibility for enrollment in alternative schools shall be determined from a list compiled by each city and parish school board of students with discipline problems whose behavior is disruptive. Students selected for enrollment in the alternative schools from the eligibility list shall be selected from volunteers, provided that there shall be no racial, sexual, or ethnic discrimination in either the compilation of the eligibility list or in the operation of the school. D. Each city or parish school board operating an alternative school annually shall evaluate such school. The evaluation shall include testing of basic skills for student participants. The process of evaluation shall also include teacher, parent, and student input from the alternative school.
Louisiana Revised Statutes 17:252 School master plans for supporting student behavior and discipline.
A. (1) The State Board of Elementary and Secondary Education, in collaboration with the Louisiana Juvenile Justice Planning and Coordination Board, shall formulate, develop, and recommend to the Juvenile Justice Reform Act Implementation Commission by March 1, 2004, a model master plan for improving behavior and discipline within schools. (2) The model master plan may include but need not be limited to guidelines for accomplishing the following: (h) Improving methods and procedures for the handling of school suspensions, the referral of students to alternative schools, and the use of seclusion and physical restraint in addressing challenging student behavior.
Louisiana Revised Statutes 17:416. Discipline of students; suspension; expulsion
(iii) A pupil in kindergarten through grade six 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 pupil in grades seven 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 pupil shall not be readmitted to the class until the principal has implemented one of the following disciplinary measures: (aa) In-school suspension. (bb) Detention. (cc) Suspension. (dd) Initiation of expulsion hearings. (ee) Assignment to an alternative school. (ff) Requiring the completion of all assigned school and homework which would have been assigned and completed by the student during the period of suspension. (gg) Any other disciplinary measure authorized by the principal with the concurrence of the teacher or the building level committee pursuant to law and board policy.
Louisiana Revised Statutes 17:416.2. Supervision of suspended or expelled students; alternative education programs.
A. (1) Any student suspended or expelled from school pursuant to the provisions of R.S. 17:416, shall remain under the supervision of the governing authority of the city, parish, or other local public school system taking such action using alternative education programs for suspended and expelled students. Alternative education programs of any local public school shall be approved by the State Board of Elementary and Secondary Education; however, no school system shall be liable for any student attending an alternative education program at a location other than a school site. (2) A student expelled pursuant to the provisions of R.S. 17:416(B) and (C)(2) may be readmitted only to a city, parish, or other local public school in the school system from which he was expelled prior to the completion of the specified period of expulsion, in accordance with the provisions of R.S. 17:416(C)(2)(d). (3) (a) Any student placed in an alternative school or an alternative education program, including but not limited to any student receiving education services pursuant to an agreement subject to Paragraph (D)(2) of this Section, shall attend and participate in such school, program, or education services. (b) The parent, tutor, or legal guardian of any such student shall ensure attendance as required by this Paragraph and any violation of this Subparagraph shall be subject to the provisions of R.S. 17:221(A)(2) and (3). (c) Visiting teachers or supervisors of child welfare and attendance, with the approval of the superintendent of the local public school system, shall file proceedings in court to enforce the provisions of this Paragraph. B. Repealed by Acts 2012, No. 831, § 2, effective June 14, 2012. C. For purposes of this Section, alternative education programs may mean programs designed to offer variations of traditional instructional programs and strategies for the purpose of increasing the likelihood that students who are unmotivated or unsuccessful in traditional programs or who are disruptive in the traditional school environment remain in school and obtain a high school diploma. Alternative programs may include but not be limited to programs that hold students to strict Standard of behavior in highly structured and controlled environments, sometimes referred to as “boot camps”, “police schools”, or “court schools”. D. (1) The State Board of Elementary and Secondary Education shall adopt the necessary rules and regulations to provide for the implementation of the provisions of this Section. (2) Such rules and regulations shall include provisions for cases in which a school governing authority enters into an agreement with an education service provider for the education of a student who meets any of the following criteria: (a) Has been adjudicated delinquent by a court having juvenile jurisdiction as defined in Article 302 of the Louisiana Children’s Code. (b) Has been adjudicated by a court as a member of a family in need of services and is assigned by the office of juvenile justice to a community-based program or facility. (c) Is in the custody of the office of juvenile justice as a result of an adjudication and is assigned by the office of juvenile justice to a community-based program or facility. (d) Is a student who has been suspended or expelled pursuant to the provisions of R.S. 17:416(B) or (C)(2). (3) Rules and regulations pursuant to Paragraph (2) of this Subsection shall include all of the following: (a) Such services shall be provided to the school governing authority at the actual costs incurred by the provider, not to exceed for each student the pro rata share of the combined state and local per pupil amount of the minimum foundation program for such governing authority. (b) In an effort to support the on-time graduation of students who are suspended, expelled, or at high risk for dropping out or entry into the juvenile justice system, academic, behavioral, and mental health interventions must be provided. Interventions offered shall include but not be limited to the following: (i) Academic interventions and supports: (aa) Targeted academic interventions focused on assessed needs in math and reading using an evidence-based and research-supported curriculum. (bb) Use of validated monthly assessments to monitor individual student academic progress. (cc) Implementation of research-supported instructional strategies such as differentiated instruction, experiential education, project-based learning, and computer-assisted instruction to support assessed needs and content mastery. (dd) Opportunities to participate in credit recovery to support progression towards on-time graduation. (ee) On-site access to at least one career or vocational certification option. (ii) Behavioral interventions and supports: (aa) Positive behavioral supports with a high ratio of positive reinforcement over punishment. (bb) Behavioral shaping steps aligned to assessed behavioral needs and goals. (cc) Mentoring and frequent behavioral feedback focused on individualized shaping steps for students enrolled. (dd) Successive approximations and reinforcements to develop more complex social behaviors. (iii) Mental health interventions and supports: (aa) Evidence-based cognitive behavioral interventions to address, anger, impulsivity, and aggression. (bb) Interventions to address past childhood traumas, including forms of abuse and neglect, being a victim of or a witness to violence, and involvement in natural disasters. (cc) Interventions to address substance use and to prevent substance abuse. (dd) Interventions to build life skills and social skills in order to increase employability and success in the community.