JCDA, Student Behavior

FILE: JCDA

STUDENT BEHAVIOR

Caddo Parish Public School System is implementing the PBIS framework across the entire school district. Positive Behavioral Interventions and Supports (PBIS) is a proven, research and evidence-based discipline program that emphasizes school-wide systems of support that include strategies for defining, teaching, modeling and supporting appropriate student behaviors to create positive school environments. The PBIS framework requires that each school and teacher define and teaches core behavioral expectations, acknowledges appropriate student behavior and establishes a consistent continuum of consequences of problem behavior. The Student Code of Conduct compliments and supports the school district-wide implementation of PBIS to foster student academic and behavioral success.

In addition to their school district-wide Code, each school must develop its own PBIS plan. This plan must include activities for teaching and encouraging expected behaviors. Each school must communicate its PBIS plan to its parents/caregivers and students – including strategies for teaching and reinforcing behavior and strategies for providing consequences for both positive and negative behavior.

Academic success is directly correlated with instructional time received by the student.

In the effort to fully implement Positive Behavioral Interventions and Supports and reduce the loss of instructional time due to out-of-school suspensions and expulsions, the Caddo Parish Public School System expects that each school, when appropriate, will utilize a wide variety of corrective strategies that do not remove children from valuable instructional time.

Corrective Strategies may include but are not limited to:

Contact and/or conference with parent/guardian
Behavioral contracts and/or Behavior Support Plans
Enrollment in a Check-in/Check-out (CICO)
Home/school communication system
Reflective activity
Loss of privilege
Schedule adjustment
Referral to the school counselor
Refer the student to the SBLC
After-school detention
In School Isolation with academic assignments
In School Detention
Supervised work assignment

PHILOSOPHY OF DISCIPLINE

Every student is entitled to an education which shall be offered in an orderly, healthy atmosphere, both physical and emotional, and to firm, fair treatment in all matters pertaining to school life.

Every child shall comply with all rules and regulations of both the state and the Caddo Parish School Board having to do with student behavior. In a democracy there exist many privileges and freedoms, all of which are dependent on observance of certain rules and regulations. It should be made very clear that any student, by his own failure to comply with school regulations, may lose his right to a public education.

Each teacher in Caddo Parish is responsible for providing an environment that will bring about effective learning, thus enabling each student to achieve his maximum potential.

The home shares responsibility in the education of youth, and the attitude of the home toward school is reflected by the student.

DEFINITION OF DISCIPLINE

Discipline is a standard of behavior, which is demonstrated by appropriate conduct in all situations. Any student whose behavior is not conducive to a viable learning environment shall be subjected to disciplinary action in accordance with the policies, methods, and procedures hereinafter set forth.

DEFINITION OF DISCIPLINARY ACTION

Disciplinary action is the method and process whereby appropriate and acceptable standards of conduct and order are maintained. It involves the acts of correcting, restricting, withholding of privileges and the administration of other penalties and punishments commensurate to the particular infraction of rules and/or regulations.

DISCIPLINE AND THE LAW

Responsibilities of the Principal

In order to exercise the proper disciplinary control of the school in which one is assigned through the authority granted by the Caddo Parish School Board and the Louisiana State Law La. Rev. Stat. Ann. §17:416 each school principal shall:

Implement the Caddo Parish School Board Policy in a consistent manner.
Inform all teachers, students and other employees of the discipline policies and procedures adopted by the Caddo Parish School Board each year and documentation must be on file.
Support teachers, bus operators and parents whenever possible in fulfilling the commitment made by school board policy.
Plan effective in-services to help teachers and other employees understand Louisiana school laws and how the laws relate to their position.
Use professional skills and understanding to prevent small incidents from becoming major problems.
Develop means of communication with parents and the community concerning discipline problems, school board policies and state discipline laws.
Receive, review and act upon reports from teachers regarding violations of La. Rev. Stat. Ann. §17:416 (A). Failure to act upon such a report requires that the principal notify the Superintendent and the employee making the referral in writing of the reasons for inaction.
Maintain school records with accurate personal data of students, including current address and phone numbers, both home and emergency.
Maintain a standardized format for denoting parental contact as dictated by policy.

Responsibilities of the Teacher

In fulfilling one’s obligations to the student, the public and the profession, the teacher shall:

Start and end classes on time.
Supervise all students and correct misbehavior of students wherever it occurs.
Organize work in a manner that will encourage student interest and involvement for the full period of instruction.
Use professional skill and understanding to prevent small classroom incidents from becoming major problems.
Deal justly and impartially with all students under supervision.
Support the Caddo Parish School Board’s policies and the school in which one is assigned.
Maintain school records with accurate personal data of students, including addresses and phone numbers, both home and emergency.
Be responsible for solving routine problems and holding conferences with parents concerning problems encountered by their children.
Address routine problems and make parental contacts along with maintaining documentation.
Call for assistance from administrative staff or other teachers if the situation requires it.
Enforce rules and regulations concerning conduct and make reports to the principal or designee of violations.

Responsibilities of the Student

In fulfilling one’s obligations, each student should:

Comply with all regulations of the Caddo Parish School Board discipline policy.
Provide classroom teachers with accurate personal data, including address and phone numbers, both home and emergency.
Respect the authority of all teachers and other school personnel as well as the rights of other students.
Attend school on a regular basis reporting to all classes on time.
Follow the school’s dress code.
Abide by regulations set by the school and the Transportation Department concerning travel to and from school, at bus stops, on school buses, and travel to and from school-sponsored events.
Comply with the regulations pertaining to use and operation of private vehicles on the school grounds as follows:
1. Private vehicles must be registered with the school and parked in the student lot.
2. Automobiles are to be vacated immediately on arrival and should be reentered only at the time of authorized departure.
3. The parking of privately-owned vehicles on school campuses by students constitutes consent by the students to the search of such vehicles by the school principal or designee(s).

Cooperate with searches using metal detectors by the principal or designee(s).
Complete all assignments.

Responsibilities of the Parent or Guardian in the School and Community

Parental visits to the schools are encouraged. Visitors must receive authorization from the principal or designee. A parent should:

Recognize and understand that the teacher must enforce school rules and regulations.
Teach the child to have respect for the law, authority, the rights of others, for private and public property.
Communicate with teachers regarding their child’s academic and behavioral progress.
Ensure prompt and regular school attendance and compliance with attendance policies and procedures.
Provide current address and phone numbers to school personnel for parental contact.
Maintain the child's physical and mental health by providing periodic health examinations.
Attend conferences with teachers and other school personnel as required by Louisiana Law. A parent who willfully refuses to attend a conference, meeting or hearing shall be referred to a court exercising juvenile jurisdiction pursuant to Children's Code Article 730(8) and Article 731.
Show an interest in school by attending school functions and participating in the Parent-Teacher Association and other school-related organizations.
Arrange time for study at home and work with the school by implementing recommendations made in the best interest of the child.
Encourage the child to respect the diversity of others.
Emphasize the importance of being prepared for school by providing materials and supplies.
Respect and support school rules.

Unauthorized Visitors on Campus

Only those persons who have presented themselves to the school office and who have received approval of the principal or his designee to visit may be considered authorized. A search by use of a metal detector or by the principal or designee(s) may be conducted on reasonable suspicion.

School Bus Conduct

Students must conduct themselves in a manner that promotes safety and follow rules of the Transportation Department whether riding the bus to and from their home or school sponsored activities. The principal may suspend from school or suspend from riding the bus any student who commits any infraction set forth in La. Rev. Stat. Ann. §17:416 utilizing the same procedures applicable to suspension and expulsion from school. School personnel must review the rules for riding school buses with all students at the beginning of each semester (Bulletin 1191).

Safety Instructions and Behavior Rules for School Bus Riders

School bus transportation is a privilege. The safety and welfare of student riders depends on proper behavior and observance of the following rules and regulations. Any student who violates any of these rules will be reported to the proper authority and his/her privilege of transportation may be denied. These rules apply to Student Activity Trips as well as regular bus routes to and from school.

The operator is in full charge of the bus and its passengers and has authority to enforce all the rules. Respect the authority of the operator by obeying promptly and courteously. Students are to refrain from unnecessary conversation with the operator.

Students must be on time at the bus stop or loading stations. The bus will not wait for those who are tardy. Do not run after the bus if rider is late. Operators will not stop for anyone running after a bus.
Wait for the bus to come to a complete stop before trying to get on or off the bus. If student must cross the road, wait for the operator to signal student across with his/her hand when he/she has determined all traffic has stopped. Always cross at least ten (10) feet in front of the bus, whether boarding or departing.
After boarding the bus, sit down and remain seated until the bus reaches student’s stop. The operator will assign seats and students shall sit in the seats assigned to them.
No fighting, pushing, tripping, kicking, bullying or sexual harassment, etc. will be tolerated on the bus.
No student will be allowed to use or possess tobacco, vaping devices, drugs, alcohol, or light matches or lighters on the bus.
No loud or boisterous speech, swearing or shouting on the bus or out the windows will be allowed. Rude and abusive language will not be tolerated.
Do not sit with more than the proper number in one seat.
Do not extend any part of student’s body out of the bus windows.
Do not throw anything in or out of the bus window. Any damages or costs incurred by a student throwing an object out of the bus will be the responsibility of the student’s parents or guardians and not the Caddo Parish School Board.
Do not eat or drink on the bus; eating or drinking may be allowed during special activity trips with trip sponsor preapproval.
Do not bring live animals, reptiles, insects, etc. on the bus.
Do not bring firearms, knives, explosive devices, firecrackers, glass objects other than eyeglasses, or other dangerous materials aboard the bus. Such items will be confiscated, and appropriate discipline will follow.
Treat the bus with respect. The student or his/her parents will pay for any damages to the bus.
Keep the aisle clear. Store personal items on your lap or under the seat.
Keep the bus clean.
Use handrails when boarding or departing the bus.
In the morning, students will be discharged only at their regularly designated school stop. No student will be allowed to get off at any other place.
In the afternoon, students will be discharged only at their regularly designated stops. If other arrangements must be made, a note of parental permission must be presented to the principal prior to such needed change. The principal will then notify the bus operator in writing. Space must be available on the bus.
Students transported to an athletic, academic, or co-curricular activity will return to the point of departure on the bus. Exceptions can be made by school administration.
The primary focus of the bus operator is to operate the bus safely.
Occasionally, the bus operator may not be aware of all situations occurring on the bus. Therefore, the school board encourages all students and parents to report inappropriate behavior such as bullying or sexual harassment to the bus operator or an administrator at the school immediately.
No cell phones or electronic communication devices are to be used on the bus except as authorized by School Board policy.
In summary, no distracting or dangerous activity will be allowed on the bus.

Responsibilities of Bus Operator

Comply with Caddo Parish School Board policy and Handbook for Bus Drivers and Bus Attendants.
Assign seats to student riders.
Supervise students and correct behavior as necessary.
Deal justly and impartially with all students.
Maintain records on student riders including addresses and phone numbers, both home and emergency.
Follow proper procedures in handling discipline problems.
Work closely with school administrator and make parental contact as necessary for behavior issues.
Prepare appropriate documentation.

INFRACTION OF SCHOOL RULES IN ELEMENTARY SCHOOLS

Students committing infractions may be punished by suspensions, expulsions or other disciplinary action; and/or they may be provided with alternative educational setting.

The following infractions constitute offenses for which students shall be held strictly accountable in all elementary schools and on school buses or at school sponsored events. Students suspended for ten (10) days or more or expelled shall remain under the supervision of the Caddo Parish School Board using alternative educational programs. Students suspended for less than ten (10) days may be allowed to attend an approved alternative education program.

Possessing weapons or using any tool or instrument to do bodily harm.
Battery of a teacher or any other school personnel (a student shall be removed permanently from a classroom or school bus for battery of a teacher, bus operator or other school personnel).
Threatening a teacher or any other school personnel.
Initiating or instigating a confrontation.
Participating in a fight. (If it can be clearly determined that a participant engaged only in self-defense, that participant shall be eligible to have the suspension rescinded.)
Possessing or using narcotics or alcohol on any school campus or school bus or at school-sponsored events.
Defacing, stealing or destroying school or personal property.
Initiating any false alarms or bomb threats.
Possessing an imitation weapon.
Bullying or hazing students.
Threatening a student with serious bodily injury.
Possessing or using fireworks on any school campus, school bus or at school sponsored events.
Possessing or using tobacco, imitation, copycat drugs or materials that are being used or distributed as possible illegal drugs, vaping devices, lighters or matches or using tobacco on any school campus, school bus or school-sponsored events.
Using and/or operating any electronic communication device unless otherwise authorized.
Loitering on any school campus or school bus while under suspension or during truancy.
Refusing to comply with any reasonable request of a teacher, bus personnel or other school personnel while they are performing their official responsibilities.
Committing an act of defiance, either in language or action, on any school campus, school bus, or at school-sponsored events.
Using forged notes or forged official forms.
Leaving any class and/or school campus without permission.
Violating the parish/school dress code on any school campus or school bus.
Using profanity toward school personnel.
Using profanity toward other students.
Engaging in mutual displays of affection.
Participating in gambling.
Participating in sexual acts or committing immoral practices or acts.
Making unfounded charges against school personnel.
Violating any publicized rule, approved by the Superintendent, that is unique to the individual school, provided the school rule is not in conflict with the policies of the local school board and the laws of the State of Louisiana.

NOTE: Upon the second suspension, the principal shall require that a counseling session be held with the student and parent by the school counselor or designee. A third referral from the same class requires that a principal and teacher confer before disciplinary action is imposed as provided by La. Rev. Stat. Ann. §17:416.

INFRACTION OF SCHOOL RULES IN MIDDLE AND HIGH SCHOOLS

Students committing infractions may be punished by suspensions, expulsions or other disciplinary actions; or they may be provided with an alternative educational setting. Students shall be held strictly accountable for their behavior while at school, on a school bus, or attending school-sponsored events. Students suspended for ten (10) days or more or expelled shall remain under the supervision of the Caddo Parish School Board using alternative educational programs. Students suspended for less than ten (10) days may be allowed to attend an approved alternative educational setting.

Infractions:

Possessing weapons or using any tool or instrument to do bodily harm.
Battery of a teacher or any other school personnel (a student shall be removed permanently from a classroom or school bus for battery of a teacher, bus operator or other school personnel.)
Threatening a teacher or any other school personnel.
Initiating or instigating a confrontation.
Participating in a fight. (If it can be clearly determined that a participant engaged only in self-defense, that participant shall be eligible to have the suspension rescinded.)
Possessing or using any controlled substance or alcohol on any school campus, school bus or at school-sponsored events.
Defacing, stealing or destroying school or personal property.
Initiating any false alarms and/or bomb threats.
Bullying, threatening, or hazing students.
Loitering on any school campus or school bus while under suspension or during truancy.
Possessing or using tobacco, imitation, copycat drugs or materials that are being used or distributed as possible illegal drugs, vaping devices,lighters or matches or using tobacco on any school campus, school bus or school-sponsored events.
Possessing or using fireworks on any school campus, school bus or at school-sponsored events.
Possessing, using and/or operating any electronic communication device, unless authorized by the principal.
Refusing to comply with any reasonable request of a teacher,bus personnel or any other school personnel while they are performing their official responsibilities.
Committing an act of defiance, either in language or action, on any school campus or school-sponsored event.
Using forged notes or forged official forms.
Leaving any class and/or school campus without permission.
Violating the parish/school dress code on any school campus or school bus.
Violating traffic and safety regulations.
Using profanity toward school personnel.
Using profanity toward other students.
Failure to attend all assigned classes/skipping.
Possessing dice.
Participating in gambling.
Engaging in mutual displays of affection.
Participating in sexual acts or committing immoral practices or acts.
Making unfounded charges against school personnel.
Violating any publicized rule, approved by the Superintendent that is unique to the individual school provided the school rule is not in conflict with the policies of the local school board and the laws of the State of Louisiana.

Note: Upon a second suspension, the principal shall require that a counseling session be held with the student and parent by the school counselor or designee. A third referral from the same class requires that a principal and teacher confer before disciplinary action is imposed as provided by La. Rev. Stat. Ann. §17:416.

Alternatives to Suspension or Expulsion Programs

Since academic achievement is associated with the amount of instructional time received by the student, the utilization of alternatives to suspension or expulsion is encouraged. Alternatives which may be used include the following: communication with parents, referral for counseling services, behavioral contracts, detention centers, using a team approach, corporal punishment (elementary and middle school), in-school suspensions, the time-out room, supervised work assignments and placement in approved alternative educational programs.

PROCEDURAL POLICIES FOR DISCIPLINE CASES

Hearing by Principal

An informal hearing shall be conducted by the principal or designee prior to the suspension of any student unless the student’s presence in the school endangers persons or property or threatens disruption of the academic process. The principal shall be authorized to have the student immediately removed from the school. When necessary to determine responsibility for alleged misconduct, the principal or designee may suspend a student from school for a period of three (3) days pending an investigation. If the investigation determines that the student is not responsible for the misconduct, the suspension is rescinded.
The informal hearing between the principal or designee and the student shall take place immediately.
The school principal or designee shall advise the student in question of the particular misconduct of which the student is accused, as well as the basis for such accusation. The student shall be given the opportunity to explain his/her version of the facts. The principal or designee will call witnesses requested by the student. Witnesses are not required to be sworn in, and the proceedings shall be conducted informally, but subject to the control and direction of the principal or designee. The principal or designee should make every reasonable effort to reach a fair determination of the issue. In the event the particular misconduct involves assault or battery upon a teacher or other school personnel, then the teacher or other personnel shall be allowed the opportunity to give information to the principal either orally or in writing.
If the principal imposes a suspension of nine days or less, or a disciplinary action other than a recommendation for expulsion, no further hearing shall be required. A student must have a hearing with the Superintendent or designee if recommendation is for ten (10) days or more.
In each case of suspension or expulsion the school principal, or his/her designee, shall contact by telephone at the telephone number shown on the student’s registration card or send a certified letter at the address shown on the student’s registration card to the parent, tutor, or legal guardian of the student in question giving notice of the suspension or expulsion, 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 provided that in the case of expulsion, the contact with the parent or guardian shall include a certified letter. If the parent, tutor, or guardian fails to attend the required conference within five school days of mailing the certified letter or other contact with the parent, tutor or guardian, the truancy laws shall become effective. On not more than one occasion each school year when the parent, tutor, 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, tutor, legal guardian, court, or other appointed representative responds. A parent or guardian who willfully refuses to attend a conference, meeting or hearing regarding a student’s behavior shall be referred to a court exercising juvenile jurisdiction pursuant to the Children’s Code. 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 hereinabove; however, the necessary procedure shall follow as soon as is practicable.
In the event the suspension is for damages to property owned by the school system or property contracted by the school system, the notice shall advise the parent or guardian that the student will not be readmitted until payment in full has been made for such damage or until directed by the Superintendent.
In the event the suspension is for assault or battery upon a teacher or other school personnel, then the principal shall provide written notice to the Superintendent.
Student with disabilities. The Individuals with Disabilities Education Act of 2004 (IDEA ’04) clarifies the authority of school officials to take disciplinary action, including ordering a change in a student’s placement to an appropriate interim alternative educational setting, another setting, or suspension. This section contains requirements regarding the discipline of students with disabilities. All behavior incidents involving students with disabilities must be addressed using only the requirements of IDEA ’04. (See also Discipline Continuum Checklist contained in Caddo Parish Discipline Resource Manual for Teachers and Administrators).

Change in Placement. A change in placement occurs if a student with a disability is removed (suspended/expelled) from the student’s current placement for more than ten (10) consecutive school days and/or if a student is subjected to a series of removals that constitute a pattern, which cumulate to more than ten (10) school days in a school year. In school suspensions (ISS) shall not be counted in this ten (10) days if Free Appropriate Public Education (FAPE) is provided.
Authority of School Personnel. To the extent removal (suspension/expulsion) would be applied to children without disabilities, a school official may:

Remove a student with disabilities to an appropriate interim alternative educational setting, another setting or suspension for not more than ten (10) consecutive school days for any violation of school rules.
Special Circumstances. Order a change in placement of a student with disabilities to an appropriate interim alternative educational setting for the same amount of time that a student without a disability would be subject to discipline, but for not more than forty-five (45) days if the student carries a weapon to school or to a school function; knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function; or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency.

The terms “weapon,” “illegal drugs,” and “controlled substance” are defined in Louisiana Bulletin 1706, Section 519; serious bodily injury is defined as bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
If the removal is for more than ten (10) consecutive days or if the student is subjected to a series of removals that constitutes a pattern, which cumulates to more than ten (10) school days in a school year, only the IEP team has the authority to determine the interim alternative educational setting which must be selected so as to enable the student to continue to progress in the general curriculum and to continue to receive the services and modifications, including those described in the student’s current IEP, that will enable the student to meet the goals set out in the IEP.
The interim alternative educational setting must also include services and modifications designed to address the behavior and prevent the behavior from recurring. Before sending a student to an education placement, which would be considered a more restrictive setting, the IEP team must complete a re-evaluation.
Free Appropriate Public Education (FAPE) must be provided which includes: access to the general education curriculum; implementation of the student’s current IEP; and access to IOWA/LEAP 2025 / GEE preparation and remediation.

NOTE: The designee shall inform the principal of each instance of removal of a student from the school.

IEP Team Involvement. If a suspension exceeds ten (10) consecutive or cumulative school days, it will be considered to be a change of placement and the LEA must schedule an IEP team meeting immediately. The following procedural safeguards must be met:

A Manifestation Determination Review (MDR) must be conducted to determine if the behavior subject or disciplinary action is a manifestation of the student’s disability.
A Functional Behavioral Assessment must be conducted to determine why the behavior occurred.
A decision regarding the provision of FAPE must be made and the student must be provided services set up by the IEP team so that IEP goals can be reached.
A Behavioral Intervention Plan must be developed. If a behavior plan currently exists, the IEP team must review and revise the behavior plan to address the behavior violation so that it does not recur. Those revisions must include strategies, supports, and other instructional programming to address the behavior.

Manifestation Determination Review (MDR). The manifestation review process is required whenever an action involving a removal of a student with disabilities from his or her current placement is being contemplated due to a violation of the code of student conduct.

The local educational agency, the parent, and relevant members of the IEP Team (as determined by the parent and the local educational agency) shall immediately review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine if the Manifestation Determination is related or not related – The Manifestation Determination Review will be considered related if the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or if the conduct in question was the direct result of the local educational agency’s failure to implement the IEP.

If the local educational agency, the parent, and relevant members of the IEP Team determine that either subclause (I) or (II) above is applicable for the child, the conduct shall be determined to be a manifestation of the child’s disability.

The Manifestation Determination Review will be considered not related, if the conduct in question was not caused by or had a direct and substantial relationship to the child’s disability; or if the conduct in question was not the direct result of the local educational agency’s failure to implement the IEP. If the Local educational agency, the parent, and relevant members of the IEP team reviews all relevant information and the conduct is determined not to be a manifestation of the child’s disability, the student with a disability shall be treated as a regular education student and shall be disciplined in alignment to La. Rev. Stat. Ann. §17:416.

With the exception of the special circumstances described in paragraph Bii above, if it is determined that the conduct was a manifestation of the child’s disability, the child shall be returned to the placement from which he was removed, unless the parent and the local educational agency agree to a change of placement as part of the modification of the behavioral intervention plan.
Notifications. Not later than the date on which the decision to take disciplinary action is made, the LEA shall notify the parents of that decision, and of all procedural safeguards.
Appeal Process.

The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination under this subsection, or a local educational agency that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may request a hearing.
A state hearing officer shall hear, and make a determination regarding, an appeal requested under subparagraph 7 F(1) above. The hearing officer may order a change in placement of a child with a disability. In such situations, the hearing officer may:

return a child with a disability to the placement from which the child was removed; or
order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.

When an appeal has been requested by either the parent or the local educational agency:

the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period imposed as discipline, whichever occurs first, unless the parent and the State or local educational agency agree otherwise; and
the State or local educational agency shall arrange for an expedited hearing, which shall occur within 20 school days of the date the hearing is requested and shall result in a determination within 10 school days after the hearing.

Protections for Children who have not been determined to be eligible for special education and related services. A child who has not been determined to be eligible for special education and related services and who has engaged in behavior that violated any rule or code of conduct of the local educational agency may assert any of the protections provided for in IDEA if the LEA had knowledge (as determined in accordance with Paragraph (a) of this section) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

Basis of knowledge. An LEA shall be deemed to have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred:

the parent of the child has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;
the parent of the child has requested an evaluation of the child; or
the teacher of the child, or other personnel of the local educational agency, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education of such agency or to other supervisory personnel of the agency

Exception. A local educational agency shall not be deemed to have knowledge that the child is a child with a disability if the parent of the child has not allowed an evaluation of the child or has refused services under IDEA or the child has been evaluated and it was determined that the child was not a child with a disability who engaged in comparable behavior.
Conditions that apply if no basis of knowledge. If a local educational agency does not have knowledge that a child is a child with a disability prior to taking disciplinary measures against the child, the child may be subjected to disciplinary measures applied to children without disabilities who engaged in comparable behaviors.
Limitations. If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under this subsection, the evaluation shall be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services except that, pending the results of the evaluation, the child shall remain in the educational placement determined by school authorities.

Reporting Criminal Activity. Nothing in this policy shall prohibit school officials from reporting a crime committed by a student with a disability to appropriate law enforcement authority. School officials shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.

Appeal from Order of Disciplinary Action

Individuals who feel that their rights may have been violated are provided the following appeal procedure.

The student, parents or other person responsible for the student shall first attempt to resolve the matter with the teacher or other school personnel responsible for imposing the disciplinary action. If not resolved with that person, an appeal to the principal shall be made.
In the event the matter is not resolved at the individual school level, the student, the parents or the party responsible for the student shall have the right to appeal the disciplinary action to the Superintendent’s designee.
The Superintendent’s designee shall conduct a hearing on the merits of the case under appeal. Upon the conclusion of the preliminary hearing, the Superintendent’s designee shall determine whether the suspension or disciplinary action should be remitted or amended in any manner or if another corrective or disciplinary action shall be taken.
If the decision of the Superintendent’s designee results in disciplinary action other than a suspension of nine days or less, then the student, the parents, or tutor may, within five days after the decision is rendered, request the Caddo Parish School Board to review the findings of the Superintendent or designee at a time to be set by the school board; otherwise, the decision of the Superintendent or designee shall be final.

Expulsion

Any student after being suspended for committing any of the offenses cited in La. Rev. Stat. Ann. §17:416 may be expelled, upon recommendation by the principal of the public school in which said student is enrolled. The principal shall immediately suspend a student who is found carrying or possessing a firearm, a knife the blade of which equals or exceeds two inches in length, or another dangerous instrumentality, or who possesses, distributes, sells, gives, or loans any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law, in any form, who threatens or commits battery upon a teacher or other school personnel, or initiates false alarms or bomb threats. The principal shall immediately recommend the student for expulsion.
Any student who is suspended three times for an infraction shall be recommended for expulsion if a fourth suspension occurs during the same school year.

Hearing by Superintendent or Designee

A hearing shall be conducted by the Superintendent or designee within five school days from the date the student is given notice of the recommendation of expulsion (or suspension of ten (10) days or more made by the principal).
The hearing shall be recorded and maintained by the Superintendent’s designee.
The student shall be afforded the opportunity to know the charges, be given the opportunity to defend his/her actions and be permitted to question and present evidence. The student must be accompanied by parent or guardian and may be represented by an attorney or any other persons of the student’s choice.
The principal and/or teacher may be represented by a person appointed by the Superintendent.
Until the hearing takes place, the student shall remain suspended from school and all Caddo Parish School Board related school activities.
The concerned teacher shall be given reasonable notice of the hearing and permitted to attend such hearing and shall be permitted to present information the teacher believes relevant. In the case of an infraction involving assault and/or battery upon other school personnel, said personnel shall be given reasonable notice of and permitted to attend and present information the person believes relevant.
A hearing shall be held for special needs students when misconduct is not a manifestation of the student’s disability. The relevant disciplinary procedures applicable to students without disabilities may be applied in the same manner, except that a Free Appropriate Public Education (FAPE) must be provided.
Upon conclusion of the hearing, the Superintendent or designee shall determine whether such student shall be expelled or if other corrective or disciplinary action shall be taken.
Records shall be maintained and made available upon request.

Appeal after a Recommendation or Order of Expulsion

The parent or tutor of the student who has been recommended for expulsion may, within five days after the decision is rendered, request the city or parish school board to review the findings of the Superintendent or his designee at a tie set by the school board; otherwise, the decision of the Superintendent shall be final. If requested, as herein provided, 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 tutor of the student shall have such right of review even if the recommendation for expulsion is reduced to a suspension.
The parent or tutor of the student who has been recommended for expulsion pursuant to this Section may, within ten 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 school board was based on an absence of any relevant evidence in support thereof. The parent or tutor of the student shall have such right to appeal to the district court even if the recommendation for expulsion is reduced to a suspension.
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, guardian, or tutor, and retained in the student’s educational records.

Direct Expulsion by the School Board

Any student convicted of a felony or who is incarcerated in a juvenile institution for an act which if committed by an adult would have constituted a felony may be expelled by the Caddo Parish School Board for a period of time as it may determine, provided any such expulsion shall require the vote of two-thirds (⅔) of the elected members of the School Board. A student committing such an act inside this state or outside may be sufficient cause for the Superintendent to refuse admission to any school except upon review and approval of the majority of the elected members of the School Board when a request for admission is made to the School Board.

Other Actions-Suspension of Student’s Drivers License

The principal shall notify the Department of Public Safety and Corrections, Office of Motor Vehicles, of any student between the ages of fourteen and eighteen who has been disciplined by suspension or expulsion from school or assigned to an alternative educational setting for ten or more consecutive days for any of the following infractions:

Sale or possession of drugs, alcohol, or any other illegal substance;
The possession of a firearm; or
An infraction involving assault or battery on a member of the school faculty or staff.

The principal shall complete and send Form JCDA-F no later than 30 days after the disciplinary action has become final and all delays for appeals have passed.

SCHOOL ATTENDANCE AND THE LAW

The Compulsory School Attendance Law (La. Rev. Stat. Ann. §17:221) is designed to protect and guarantee the rights of children to take advantage of educational opportunities provided by the State of Louisiana. The basic responsibility for regular attendance is assigned by law to the parents of the child. The school board is keenly aware that it shares with parents or guardians this responsibility. The school board recognizes that each day's absence interrupts the learning process and results in delays and deficiencies in the child's attainment of skills and knowledge. (La. Rev. Stat. Ann. §17:221 requires that children attend school each day scheduled by the school system.)

Exemptions

The following exemptions from school attendance, in accordance with La. Rev. Stat. Ann. §17:226, State of Louisiana are:

Children mentally, physically or emotionally incapacitated to perform school duties.
Children temporarily excused for personal illness, serious illness in the family substantiated by a parish supervisor of child welfare and attendance or a certificate from a practicing physician, death in the immediate family, and certain recognized religious holidays.
Children exempt by statute

Attendance Policy in Elementary and Middle Schools

Students must meet the instructional minutes of Bulletin 741, Louisiana Handbook for School Administrators, to be eligible for promotion. Exceptions can be made when substantiated by a practicing physician in the event of temporary or extended personal illness and serious illness in the family. Other exceptions are death in the immediate family, with appropriate verification, children whose religious faith requires absence for the observance of recognized holidays of the child’s own faith, natural catastrophe and/or disaster, attending school selected or approved activities or other extenuating circumstances approved by the parish supervisor of child welfare and attendance in consultation with the principal. The student shall present an excuse in writing within two school days after returning. Days suspended shall be considered unexcused. For any other extenuating circumstances, parents shall have the right to appeal the denial of promotion to the Attendance Appeal Committee.
The principal or his designee shall contact parents to ascertain reasons for absences and confer with them on the importance of school attendance. When a student returns to school after an excused absence, he has three days or a number of days equal to the number of days of consecutive absences, whichever is greater, following return to class to make up work. Make-up work shall be permitted only when written excuses from parent(s)or guardian(s) have been received in accordance with this policy.

Attendance Policy in High School

Secondary students must meet the instructional minutes of Bulletin 741, Louisiana Handbook for School Administrators, per semester to be eligible to receive credit for the courses taken. Exceptions can be made when substantiated by a practicing physician in the event of temporary or extended personal illness and serious illness in the family. Other exceptions are death in the immediate family, with appropriate verification, children whose religious faith requires absence for the observance of recognized holidays of the child’s own faith, natural catastrophe and/or disaster, attending school selected or approved activities or other extenuating circumstances approved by the parish supervisor of child welfare and attendance in consultation with the principal. The student shall present his excuse in writing within two days after returning. Days suspended shall be considered unexcused. For any other extenuating circumstances, parents shall have the right to appeal to the Attendance Appeal Committee.
Based on state and local policies, the student shall accept responsibility for absences. When a student returns to school after an excused absence, the student has three days or a number of days equal to the number of days of consecutive absences, whichever is greater, following the return to class to make up work. Make-up work shall be permitted only when written excuses from parent(s) or guardian(s) have been received in accordance with this policy.

TARDINESS TO SCHOOL

Students are expected to be in their seats when the tardy bell rings. This practice preserves instructional time and is necessary for maintaining an orderly environment conducive to learning and educational accountability. School shall follow the stated guidelines concerning unexcused tardiness to school developed by the Caddo Parish School Board.

Elementary Schools

First Tardy:	Parent check-in with student and a verbal warning is issued.
Second Tardy:	Parent check-in with student and a verbal warning is issued.
Third Tardy:	Parent check-in with student receiving a standard tardy letter.
Fourth Tardy:	Parent check-in with student along with a conference with the Counselor or coordinator.
Fifth Tardy:	Parent check-in with student with an administrative conference.
Sixth Tardy:	Parent check-in with student and issued one-day recess detention
Seventh Tardy:	Parent check-in with student and issued two days recess detention.
Eighth Tardy:	Parent check-in with student and issued one day ISS or its equivalent.
Ninth Tardy:	Parent check-in with student and issued two days ISS or its equivalent.
Tenth Tardy:	Student is placed in ISS pending a CPSB administrative conference from the Attendance Department.

Accumulated tardies will terminate at the end of each semester. Penalties for repeated tardiness to assigned classes shall be developed by each school administration and school improvement committee. This shall be provided to the Superintendent or designee for review and approval prior to implementation and publication. Parental contact must be made and documented prior to an out of school suspension for tardies.

Middle and High Schools

First Tardy:	Warning from the classroom teacher and recorded.
Second Tardy:	Parental contact with documentation from the classroom teacher.
Third Tardy:	Refer to the administration or designee for a warning and parental contact.
Fourth Tardy	One day After School Detention or its equivalent with parental contact.
Fifth Tardy	Two days After School detention or its equivalent with parental contact.
Sixth Tardy:	Suspension with a parent return.
Seventh, Eighth and Ninth Tardy:	One day suspension.
Tenth Tardy:	Suspended pending a hearing.

DISCIPLINE OF STUDENTS ENGAGED IN VIRTUAL INSTRUCTION

The School Board shall adopt disciplinary measures that define the rules of conduct and expectations of students engaged in virtual instruction, including clearly defined consequences of conduct, and shall take into consideration the students’ and their parents’ rights to privacy and other constitutional rights while at home or in a location that is not school property. Any such disciplinary measures adopted by the School Board shall be included in policy JDF, Virtual Instruction Discipline and JDF-R, Virtual Discipline Guidelines.

Adopted: April 20, 2021

Ref: La. Rev. Stat. Ann. §§17:223, 17:235.2, 17:416, 17:416.1, 17:416.8, 17:416.12, 17:416.13, 17:416.20

Board minutes 1-21-76, 7-6-83, 8-17-83,10-3-84, 6-21-95, 10-21-98, 6-19-01, 4-16-02, 9-16-03, 8-17-04, 12-7-04, 5-17-05, 10-18-05, 2-21-06, 6-19-07, 6-17-08, 8-18-09, 6-15-10, 4-17-12, 11-19-19, 12-15-20, 4-20-21

Caddo Parish School Board