State law provides comprehensive assurances of due process for students facing disciplinary action.
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. ... F. Schools shall provide due process prior to suspensions and expulsions.
Louisiana Administrative Code 28 CXV 1306. Due Process for Suspension
A. Prior to any suspension, the school principal or the principal's designee shall advise the student in question of the particular misconduct of which he or 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 or her version of the facts to the school principal or his or her designee.
B. The principal, or the principal's designee, shall contact by telephone at the telephone number shown on the pupil's registration card or send a certified letter at the address shown on the pupil's registration card to the parent or guardian of the student, giving notice of the suspension, the reasons therefore and establishing a date and time for a conference with the principal or his designee as a requirement for readmitting the student.
- If the parent or 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 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, guardian, or other appointed representative responds.
C. 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 above; however, the necessary procedure shall follow as soon as is practicable.
D. Notice in writing of the suspension and the reasons thereof shall be given to the parent or parents of the suspended student.
E. Any parent, tutor, or legal guardian of a suspended student shall have the right to appeal to the superintendent or to a designee of the superintendent, who shall conduct a hearing on the merits of the case.
F. In all cases of suspensions, the parent, the superintendent of schools, and/or supervisor of child welfare and attendance or designee shall be notified in writing of the facts concerning each suspension, including the reasons therefore and terms thereof.
G. The decision of the superintendent on the merit of the case, as well as the term of suspension, shall be final, reserving the right to the superintendent to remit any portion of the time of suspension.
Louisiana Administrative Code 28 CXV 1311. Due Process for Expulsions
A. A recommendation for expulsion is made by the principal.
B. A hearing is conducted by the superintendent of the LEA or someone designated by the superintendent.
C. A determination of whether to expel the student is made by the superintendent or his designee.
D. The principal and teacher as well as the student may be represented by someone of their choice at this hearing. E. Until the hearing takes place, the student shall remain on suspension.
F. The parent or guardian of the student may, within five days after the decision to expel the student has been rendered, request the local educational governing authority to review the findings of the superintendent or his designee. Otherwise, the decision of the superintendent shall be final.
G. The board, in reviewing the case, may affirm, modify, or reverse the action previously taken H. If the board upholds the decision of the superintendent, the parent or guardian of the student may, within 10 days, appeal to the district court for the parish in which the student's school is located. The court may reverse the ruling of the board.
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.