FILE:  JD

Cf:  BD, IDDF, IHAD

Cf:  JBE, JCD, JDD, JDE

Cf:  JDF, JDF-R

 

DISCIPLINE

 

 

It is the purpose of the Caddo Parish School Board to operate the schools in a manner that will provide an orderly process of education and that will provide for the welfare and safety of all students who attend these schools.  The school's primary goal is to educate, not discipline; however, when the behavior of the individual student comes in conflict with rights of others, corrective actions may be necessary both for the benefit of that individual and the school as a whole.

 

The Caddo Parish School Board shall endeavor to address student behavior with a focus on evidence-based interventions and supports, and to prioritize classroom- and school-based interventions in lieu of out-of-school disciplinary removals to address student misconduct in order to minimize the loss of academic instructional time.  Every teacher and other school employee shall endeavor to hold each student accountable for his/her behavior in school, or on the playgrounds of the school, on any school bus, on the street or while going to or returning from school, during intermission or recess, or at any school sponsored activity or function.

 

To assist the teacher, the School Board shall establish regulations for the use of disciplinary measures within the schools and continually monitor and appraise their usefulness.  Discipline shall be administered uniformly, consistently, and in a nondiscriminatory manner, in accordance with the School Board’s Student Code of Conduct.

 

Principals shall have both the authority and the duty to take disciplinary action whenever the behavior of any student(s) materially interferes with or substantially disrupts the maintenance of a proper atmosphere for learning within the classroom or other parts of the school.  However, no student shall be disciplined in any manner by the School Board or school administrator, teacher, or other school employee for the use of force upon another person when it can be reasonably concluded that the use of such force more probably than not was committed solely for the purpose of preventing a forcible offense against the student or a forcible offense provided that the force used must be reasonable and apparently necessary to prevent such offense.  A student who is the aggressor or who brings on a difficulty cannot claim the right stated above to defend himself/herself.

 

Each teacher may take disciplinary action to correct a student who violates school rules or who interferes with an orderly education process.  The disciplinary action taken by the teacher shall be in accordance with such regulations and procedures established by the School Board.

 

Disciplinary action by a school employee may include, but is not limited to:

 

  1. Oral or written reprimands.

  2. Referral for a counseling session which shall include but shall not be limited to conflict resolution, social responsibility, family responsibility, peer mediation, and stress management.

  3. Written notification of parents of disruptive or unacceptable behavior, a copy of which shall be provided to the principal.

  4. Other disciplinary measures approved by the principal and faculty of the school and in compliance with School Board policy.

 

STUDENT REMOVAL FROM CLASSROOM

 

When a student’s behavior prevents the orderly instruction of other students, poses an immediate threat to the safety of students or the teacher, or when a student violates the school’s code of conduct the teacher may have the student immediately removed from his/her classroom and placed in custody of the principal or his/her designee.

 

Any student removed from class in kindergarten through grade five shall not be permitted to return to class for at least thirty (30) minutes unless agreed to by the teacher.  A student removed from class in grades six through twelve shall not be permitted to return to class during the same class period, unless agreed to by the teacher initiating the disciplinary action.

 

Whenever a teacher is struck by a student, the student, in addition to any other discipline given, shall be permanently removed from the teacher's classroom, unless the teacher objects, or unless the principal, with the concurrence of the building level committee, finds the striking incident to be entirely inadvertent.

 

Upon the student being removed from class and sent to the principal's office, the principal or designee shall advise the student of the particular misconduct of which he is accused as well as the basis for such accusation, and the student shall be given an opportunity at that time to explain his/her version of the facts.  The principal or his/her designee then shall conduct a counseling session with the student as may be appropriate to establish a course of action, consistent with School Board policy to identify and correct the behavior for which the student is being disciplined.

 

Once removed, the student shall not be readmitted to the classroom until the principal has implemented at least one of the following disciplinary measures:

 

  1. Conferencing with the principal or his/her designee.

  2. Referral to counseling.

  3. Peer mediation.

  4. Referral to the school building level committee.

  5. Restorative justice practices.

  6. Loss of privileges

  7. Detention

  8. In-school suspension

  9. Out-of-school suspension

  10. Initiation of expulsion hearings

  11. Referral for assignment to an alternative setting

  12. Requiring the completion of all assigned school and homework that would have been assigned and completed by the student during the period of out-of-school suspension.

  13. Any other disciplinary measure authorized by the principal with the concurrence of the teacher or building level committee.

 

Parental Notification

 

The principal or his/her designee shall provide oral or written notification to the parent or legal guardian of any student removed from the classroom.  Such notification shall include a description of any disciplinary action taken.

 

When a student has been removed from a classroom, the teacher or the principal or his/her designee may require the parent, or legal guardian of the student to have a conference with the teacher or the principal or his/her designee before the student is readmitted.  Such conference may be in person or by telephone or other virtual means.

 

Upon the student’s third removal from the same classroom, the teacher and principal shall discuss the disruptive behavior patterns of the student and the potentially appropriate disciplinary measure before the principal implements a disciplinary measure.  In addition, a conference between the teacher or other appropriate school employee and the student’s parent, or legal guardian may be required prior to the student being readmitted to that same classroom.  Such conference may be in person or by telephone or other virtual means.  If such conference is required by the school, the school shall give written notice to the parent.

 

For students who experience multiple behavioral incidents or disciplinary referrals, a principal or his designee shall consider a referral of the matter to an appropriate school building level committee.  If the disruptive behavior persists, the teacher may request that the principal transfer the student into another setting.

 

PARENT CONFERENCES

 

In any case where a teacher, principal, or other school employee is authorized to require the parent or legal guardian of a student to attend a conference or meeting regarding the student’s behavior, and after notice, the parent or legal guardian willfully refuses to attend, the principal, or his/her designee, shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction.  Notice of the conference, specifying the time and date of the conference, shall be given by contacting the parent or legal guardian by telephone at the telephone number shown on the student’s registration card or by sending a certified letter to the address shown on the student’s registration card.

 

REPORTS TO PRINCIPAL

 

Any teacher or other school employee may report to the principal any student who acts in a disorderly manner or is in violation of school rules, or any misconduct or violation of school rules by a student who may or may not be known to the teacher or employee.   Incidents of alleged discipline violations shall be reported on the School Behavior Report/School Bus Behavior Report form provided by the Louisiana Department of Education.  The forms shall be submitted in accordance with procedures outlined by the School District, the Superintendent, and school system personnel.  The principal shall review and act upon such information submitted, to determine if suspension or other disciplinary action is necessary.

 

Should the principal fail to act on any report of misconduct or school violation, he/she shall explain the reasons for doing so to the Superintendent or his/her designee and to the teacher or school employee, student, parent, or legal guardian reporting the violation.

 

DELINQUENT STUDENTS

 

Students who regularly disrupt the normal school environment shall be considered as delinquent and may be reported by appropriate school personnel to the juvenile court.  Any student that exhibits disruptive behavior, an incorrigible attitude, or any other discipline problems in general may be recommended by the principal for expulsion, assignment to an appropriate alternative educational placement, or transfer to adult education if the student is:

 

  1. Seventeen (17) years of age or older with less than five (5) units of credit toward graduation;

  2. Eighteen (18) years of age or older with less than ten (10) units of credit toward graduation; or

  3. Nineteen (19) years of age or older with less than fifteen (15) units of credit toward graduation.

 

RECUSAL OF ADMINISTRATOR IN DISCIPLINE MATTERS

 

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 whenever 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.

 

DISCIPLINE OF STUDENTS WITH DISABILITIES OR EXCEPTIONALITIES

 

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).

 

  1. 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.

  2. Authority of School Personnel.  To the extent removal (suspension/expulsion) would be applied to children without disabilities, a school official may:

 

  1. 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.

  2. 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.

 

  1. 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.

  2. 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.

  3. 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.

  4. 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.

 

  1. 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:

 

  1. 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.

  2. A Functional Behavioral Assessment must be conducted to determine why the behavior occurred.

  3. 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.

  4. 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.

 

  1. 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.

  2. 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.

  3. Appeal Process.

 

  1. 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.

  2. 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:

 

  1. return a child with a disability to the placement from which the child was removed; or

  2. 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.

 

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

 

  1. 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

  2. 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.

 

  1. 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.

 

  1. 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:

 

  1. 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;

  2. the parent of the child has requested an evaluation of the child; or

  3. 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

 

  1. 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.

  2. 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.

  3. 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.

 

  1. 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.

 

DISCIPLINE OF STUDENTS CLAIMING A DISABILITY UNDER SECTION 504 OF THE REHABILITATION ACT.

 

The provisions of IDEA as described above to the extent applicable to Section 504 of the Rehabilitation Act shall be applied while disciplining a student claiming a disability under the Act.

 

APPEAL FROM ORDER OF DISCIPLINARY ACTION

 

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

 

  1. 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.

  2. 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.

  3. 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.

  4. 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. (See Exception for Appeal After a Recommendation or Order of Expulsion).

 

EXPULSION

 

  1. 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.

  2. 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

 

  1. 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 days or more made by the principal).

  2. The hearing shall be recorded and maintained by the Superintendent’s designee.

  3. 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.

  4. The principal and/or teacher may be represented by a person appointed by the superintendent.

  5. Until the hearing takes place, the student shall remain suspended from school and all Caddo Parish School Board related school activities.

  6. 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.

  7. 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.

  8. 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.

  9. Records shall be maintained and made available upon request.

 

APPEAL AFTER A RECOMMENDATION OR ORDER OF EXPULSION

 

  1. The parent or guardian 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 time 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 guardian of the student shall have such right of review even if the recommendation for expulsion is reduced to a suspension.

  2. The parent or guardian 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 guardian of the student shall have such right to appeal to the district court even if the recommendation for expulsion is reduced to a suspension

  3. 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.

 

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 AND MIDDLE SCHOOLS

 

First Tardy:

Parent check-in with student and a verbal warning is issued.

Second Tardy:

Parent check-in with student and official notice of penalties if referred to juvenile court and parent conference.

Third Tardy:

Same as Second Tardy and parent conference.

Fourth Tardy:

Parent check-in with student along with a conference with the Counselor or coordinator.

Fifth Tardy:

Parent check-in with student, conference with principal/or designee and additional notice of penalties if referred to juvenile court.

Sixth Tardy:

Parent check-in with student and referral to Child Welfare and Attendance.

Seventh Tardy:

Same as Sixth Tardy.

Eighth Tardy: 

Parent check-in with student and referral to Juvenile Court.

Ninth and Subsequent Tardies:

Parent check-in with student and continue with Juvenile Court referral.

 

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.

 

HIGH SCHOOLS

 

First Tardy:

Warning from the classroom teacher and recorded.

Second Tardy:

Parental contact with documentation from the classroom teacher and official notice of penalties.

Third Tardy:

Refer to the administration or designee for a warning and parental contact and official notice of penalties.

Fourth Tardy:

Parent return conference.

Fifth Tardy:

One day ISS or its equivalent with parental contact.

Sixth Tardy:

Two days ISS and referral to Child Welfare and Attendance.

Seventh and Subsequent Tardies:

Two days ISS Court Referral and Notification to Dept. of Public Safety and Corrections for possible suspension of student’s driver’s permit or license.

 

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.

 

HABITUAL TARDINESS - REFERRAL TO JUVENILE COURT/PARENTAL PENALTIES/ SUSPENSION OF STUDENT DRIVING PRIVILEGES

 

In accordance with state law the parent or legal guardian of a student shall enforce the attendance of the student at the school to which the student is assigned.

 

Any student who is a juvenile and who is habitually tardy shall be reported by the supervisors of Child welfare and attendance to the juvenile court of Caddo Parish pursuant to the provisions of Chapter 2 of Title VII of the Louisiana Children’s Code relative to families in need of services, to be dealt with in such manner as the court may determine.

 

A student shall be considered habitually tardy when the condition continues to exist after all reasonable efforts by any school personnel, truancy officer, or other law enforcement personnel have failed to correct the condition after the fifth unexcused occurrence of being tardy within any school semester.

 

  1. The principal of the school, or his designee, shall notify the parent or legal guardian in writing on or before a student’s third unexcused occurrence of being tardy, and shall hold a conference with such student’s parent or legal guardian.  This notification shall include information relative to the parent or legal guardian’s legal responsibility to enforce the student’s attendance at school and the civil penalties that may be incurred if the student is determined to be habitually tardy.  The student’s parent or legal guardian shall sign a receipt for such notification.

  2. In accordance with state law the parent or legal guardian of any student in kindergarten through grade eight who is considered habitually tardy shall be in violation of the provisions of state law and shall be punished as follows:

 

  1. A first offense shall be punishable by a fine of not more than fifty dollars or the performance of not less than twenty-five hours of community service.

  2. Any subsequent offense shall be fined not more than two hundred and fifty dollars or imprisoned not more than thirty days, or both.  The court shall impose a minimum condition of probation which may include that the parent, tutor, or other person having control or charge of the child participate in forty hours of school or community service activities, or a combination of forty hours of school or community service and attendance in parenting classes or family counseling sessions or programs approved by the court having jurisdiction, as applicable, or the suspension of any state-issued recreational license.

 

  1. If a student is less than eighteen years of age and is habitually tardy the Department of Public Safety and Corrections may, upon notification from the school board, deny or suspend the driver’s permit or license of the student.

  2. For purposes of this Policy and law, the term “tardy” shall include but not be limited to leaving or checking out of school unexcused prior to the regularly scheduled dismissal time at the end of the school day but shall not include reporting late to class when transferring from one class to another during the school day.

 

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 families’ 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 the policy JDF, Virtual Instruction Discipline and regulation JDF-R, Virtual Discipline Guidelines.

 

DEFINITIONS

 

Immediate family means the individual's children, brothers, sisters, parents, and spouse and the children, brothers, sisters, and parents of the spouse.

 

Out-of-school suspension means the removal of a student from all classes of instruction on public school grounds and all other school-sponsored activities.

 

In-school suspension mean removing a student from his/her normal classroom setting but maintaining him under supervision within the school.  Students participating in in-school suspension shall receive credit for work performed during the in-school suspension.  However, any student who fails to comply fully with the rules for in-school suspension may be subject to immediate out-of-school suspension.

 

Detention shall mean activities, assignments, or work held before the normal school day, after the normal school day, or on weekends.  Failure or refusal by a student to participate in assigned detention may subject the student to immediate out-of-school suspension.  Assignments, activities, or work which may be assigned during detention include, but are not limited to, counseling, homework assignments, behavior modification program, or other activities aimed at improving the behavior and conduct of the student.

 

Expulsion (unless otherwise defined as a permanent expulsion by law) shall mean the removal of a student from school for at least one school semester.  During an expulsion the Superintendent shall place the student in an alternative school or in an alternative educational placement.

 

Firearm means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, blackpowder weapon, or assault rifle that is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

 

Virtual instruction means instruction provided to a student through an electronic delivery medium, including, but not limited to, electronic learning platforms that connect to a student in a remote location to classroom instruction.

 

Revised:  November, 2020

Revised:  September 21, 2021

Revised:  July 19, 2022

 

 

Ref:    42 USC 12112 et seq. (Equal Opportunity for Individuals with Disabilities)

La. Rev. Stat. Ann. §§17:223, 17:224, 17:233, 17:239, 17:252, 17:416, 17:416.1, 17:416.13

Regulations for Implementation of the Exceptional Children's Act, Bulletin 1706, Louisiana Department of Education

Board minutes, 7-19-95, 9-21-21, 7-19-22

 

Caddo Parish School Board