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FILE: JDD |
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CF: JBC, JCD, JCDAE |
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Cf: JD, JDE, JDF |
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SUSPENSION |
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The Livingston Parish School Board recognizes its authority to
maintain good order and discipline within the schools of the school
district. Therefore, the Board authorizes the principal to suspend
students for offenses committed that are a violation of state or
federal law. School Board policy, or school rules. The principal may
suspend a pupil for a specified period of time in accordance with
statutory provisions. The term of suspension may carry over into the
next school year, when necessary, unless otherwise provided for in
state statutes. |
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In each case of
suspension, the school principal, or his or her designee, shall,
prior to any suspension, advise the student of the particular
misconduct of which he/she is accused as well as the basis for such
accusation, and the pupil shall be given an opportunity at that time
to explain his/her version of the facts. The principal/designee
shall contact the parent, tutor, or legal guardian of the pupil to
notify him/her of the suspension, and establish a date and time for
readmitting the pupil. |
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When a pupil is suspended for a second time within one school year,
the principal may require a counseling session be held with the
parent and pupil by the school counselor. When a pupil is suspended
for the third time within one school year, a required
conference between parent, tutor, or legal guardian of the pupil and
school administration shall be held prior to the student's return to
school. This conference may be a phone conference. |
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Any pupil, after being
suspended on three (3) occasions for committing any
suspendable offense during the same school session, shall, on committing the fourth offense, be expelled from
the public schools of the parish until the beginning of the next
regular school year, and the pupil's reinstatement shall be subject
to review by the School Board. |
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The principal shall
promptly advise the Superintendent or his or her designee of all
such suspensions, stating the reasons for the suspensions. No
suspended pupil shall be allowed to leave the school premises during
the school day until parent, guardian, or other proper authorities
assume responsibility for him/her, unless immediate removal from
school due to danger or threat of disruption to academic process is
warranted. |
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The principal and other appropriate personnel shall be
required to file written documentation of all suspensions. Said
documentation shall include the circumstances surrounding any
suspension, the reason for suspension, and any other pertinent facts
concerning the disciplinary action. The principal shall file copies
of his/her report with the Superintendent, other appropriate
personnel and the parent or guardian and retain a copy for his/her
records. |
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Any parent, tutor, or legal guardian of a pupil suspended shall have
the right to appeal to the Superintendent or his/her designee, who
shall conduct a hearing. The decision of the Superintendent on the
merits of the case, as well as the term of suspension, shall be
final, reserving to the Superintendent the right to remit any
portion of the time of suspension. |
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Any pupil suspended shall receive no credit for school work missed
while suspended. |
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Upon the seizure by any teacher, principal, school security guard,
or other school administrator of any firearm, knife, or other
dangerous implement which could be used as a weapon or inflict
injury, the principal or his/her designee shall be required to
report the confiscation to appropriate law enforcement officials. |
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| MANDATORY
SUSPENSION |
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The principal shall be required to suspend a pupil who is
found carrying or possessing a firearm, a knife with a blade two (2) inches or longer, or other dangerous instrumentalities, or possesses, distributes, sells, gives, or loans any controlled
dangerous substance governed by state law, in any form,
including counterfeit or look-alike drugs. Additionally, the
principal shall immediately recommend the pupil's expulsion to the
Superintendent, as state law has mandated expulsion for certain
offenses, except in the case of a student in kindergarten through
grade 5 who is found carrying or possessing a knife with a blade two
(2) inches or longer, the principal may, but shall not be required
to recommend the student's expulsion. |
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School officials, in accordance with statutory provisions, shall
have total discretion and shall exercise such discretion in imposing
on a pupil any disciplinary actions authorized by state law for
possession by a pupil 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 pupil's intent to use the firearm or knife in a
criminal manner. |
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When a pupil is formally accused of violating state law or school
disciplinary regulations by committing battery on any school
employee, the principal shall suspend the pupil from school
immediately and the pupil shall be removed immediately from the
school premises without the benefit of required procedures,
provided, however, that such procedures shall follow as soon as
practicable. |
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A pupil suspended for damages to any property belonging to the
school system or to property contracted to the school system shall
not be readmitted until payment in full has been made for such
damage or until directed by the Superintendent. If the property
damaged is to a school bus, owned by, contracted to, or jointly
owned by the School Board, a pupil 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 or until directed by the
Superintendent. The Superintendent, principal, or custodian of a
school building is authorized to sign an affidavit at the time the
vandalism or robbery is reported to the proper law enforcement
officers. |
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IN-SCHOOL SUSPENSION |
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In-school suspension shall be used by the principal or his/her
designee to remove a student from his/her normal classroom setting
while continuing to provide instruction to the student and
maintaining the student under supervision within the school. The
assignment of a student to in-school suspension will be made by the
principal or his/her designee. |
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When a student is assigned to in-school suspension, attendance is
mandatory. Should a student fail to participate in or comply fully
with the rules for in-school suspension, he/she will be judged as
insubordinate and subject to more severe disciplinary procedures. |
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| RECUSAL OF
ADMINISTRATOR IN DISCIPLINE MATTERS |
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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 when 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. |
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Immediate family means the individual's children, brothers,
sisters, parents, and spouse and the children, brothers, sisters,
and parents of the spouse. |
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| SUSPENSION NOT
APPLICABLE |
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| Suspension of a student
shall not apply to the following: |
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1. |
A student carrying or possessing a
firearm or knife for |
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purposes of involvement in a school
class, course, or |
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school approved cocurricular or
extracurricular activity |
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or any other activity approved by
appropriate school |
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officials. |
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2. |
A student possessing any controlled
dangerous substance |
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that has been obtained directly or
due to a valid |
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prescription or order from a licensed
physician. |
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However, such student shall carry
evidence of that |
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prescription or physician's order on
his/her person |
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at all times when in possession of
any controlled |
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dangerous substance which shall be
subject to verification. |
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| SUSPENSION OF
STUDENTS WITH DISABILITIES |
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Suspension of students with disabilities shall be in accordance with
policy JDF, Discipline of Students With
Disabilities. |
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Ref: La. Rev. Stat. Ann.
§§17:223, 17:416, 17:416.1, 17:416.3; Goss v. Lopez. 95 S.Ct.
729 (1973); Regulations for
Implementation of the Exceptional Children's Act.
Bulletin 1706,
Louisiana Department of Education; Board minutes, 1-4-96. |