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FILE: JDE |
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Cf: JBC, JCD, JCDAE |
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Cf: JD, JDD, JDF |
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EXPULSION |
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The Livingston Parish School Board may expel a
pupil from school if an offense committed by the pupil is serious
enough to warrant such action or is in violation of state law.
Upon the recommendation for expulsion of a pupil by the principal,
the Superintendent or designee shall conduct a hearing 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. 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. |
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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 pupil shall remain suspended. |
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The parent or tutor of
the pupil may, within five (5) days after the decision to expel has
been rendered, request the Board to review the findings of the
Superintendent or designee at a time set by the Board. After
reviewing the findings of the Superintendent or designee, the School
Board may affirm, modify, or reverse the action of the
Superintendent or designee. |
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Any pupil who is expelled shall receive no credit for the semester(s)
while he/she is expelled unless he/she is enrolled in an alternative
school and meets the requirements for credit according to the
Pupil Progression Plan. |
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| MANDATORY
EXPULSION |
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State law requires the Superintendent to expel a
pupil for minimum periods of time if found guilty of certain
offenses, as follows: |
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| A. |
Any student, regardless of age, who
is found guilty |
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of being in possession of a firearm
on school property, |
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on a school bus or in actual
possession at a school- |
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sponsored event, pursuant to a
hearing, shall be expelled |
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from school for a minimum period of
twelve (12) |
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calendar months and shall be referred
to the district |
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attorney for appropriate action. |
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| B. |
Any student, sixteen (16) years of
age or older, found |
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guilty of possession of, or knowledge
of and intentional |
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distribution of or possession with
intent to distribute |
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any illegal narcotic, drug,
counterfeit or look-alike drug, or |
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other controlled substance on school
property, on a school |
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bus or at a school-sponsored event,
pursuant to a |
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hearing, shall be expelled from
school for a minimum of |
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twenty-four (24) calendar months and
shall be referred |
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to the district attorney for
appropriate action. |
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| C. |
Any student who is under sixteen (16)
years of age and |
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in grades six (6) through twelve (12)
and who is found |
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guilty of possession of, or knowledge
of and intentional |
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distribution of or possession with
intent to distribute |
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any illegal narcotic, drug,
counterfeit or look-alike drug, |
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or other controlled substance on
school property, on a |
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school bus, or at a school-sponsored
event pursuant to a |
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hearing shall be expelled from school
for a minimum |
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period of twelve (12) calendar months
and shall be |
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referred to the district attorney for
appropriate action. |
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| D. |
Any case involving a student in
kindergarten through |
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grade five (5) found guilty of
possession of, or knowledge |
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of and intentional distribution of or
possession with |
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intent to distribute any
illegal narcotic, drug, counterfeit |
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or look-alike drug, or other
controlled substance on |
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school property, on a school bus, or
at a school-sponsored |
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event, pursuant to a hearing, shall
be referred to the |
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Board through a recommendation for
action from the |
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Superintendent. |
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| E. |
Any student, after being suspended on
three (3) |
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occasions during the
same school year, shall on |
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committing the fourth offense, be
expelled from all the |
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public schools of the Parish until
the beginning of the next |
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regular school year, and the pupil's
reinstatement shall |
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be subject to the review and approval
of the Board. |
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| Expulsion, especially
those outlined above, shall not apply to the following: |
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| 1. |
A student carrying or possessing a
firearm or knife |
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for 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. However, |
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such student
shall carry evidence of that prescription |
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or physician's
order on his person at all times when in |
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possession of
any controlled dangerous substance which |
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shall be
subject to verification. |
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ADDITIONAL REASONS FOR
EXPULSION |
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Pupils may also be expelled for any of the following reasons: |
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| 1. |
Any pupil,
after being suspended for committing |
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violations of
any discipline policies or other rule |
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infractions,
depending on the severity of the behavior, |
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may be
expelled upon recommendation to the |
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Superintendent
by the principal and after an appropriate |
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hearing is
held by the Superintendent or designee. |
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| 2. |
Any student
who is found carrying or possessing a |
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knife with a
blade which equals or exceeds two (2) |
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inches in
length. |
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| 3. |
In accordance
with federal regulations, a pupil determined |
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to have
brought a weapon to a school under the |
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Board's
jurisdiction shall be expelled for a minimum of |
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one year. The
Superintendent may modify the expulsion |
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requirement on
a case-by-case basis. A weapon, in |
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accordance
with federal statutes, means a firearm or any |
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device which
is designed to expel a projectile or any |
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destructive
device, which in turn means any explosive, |
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incendiary or
poison gas, bomb, grenade, rocket, missile, |
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mine or
similar device. |
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| 4. |
The conviction
of any pupil of a felony or the |
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incarceration
of any pupil in a juvenile institution for an |
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act which had
it been committed by an adult, would |
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have
constituted a felony, may be cause for expulsion of |
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the pupil for
a period of time as determined by the |
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Board;
such expulsions shall require the vote of two- |
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thirds
of the elected members of the Board. |
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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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Please see the Livingston Parish Policy Manual File: JDE for the
complete Expulsion policy. |