FILE:  JCAA

 

DUE PROCESS

 

 

Prior to any suspension (10 days or less), the principal or his/her designee shall:

 

  1. Advise the student in question of the particular misconduct and the basis for accusation;
     

  2. Provide the student an opportunity to explain his/her version of the situation;
     

  3. Immediately remove from the school premises without benefit of the above procedure, any student whose continued presence in the school poses a danger to persons or property or poses any ongoing threat or disruption to the academic process.  The necessary procedure shall follow as soon as practicable.

 

If the suspension carries with it the recommendation for expulsion, the steps below shall be followed:

 

  1. A notice in writing of the suspension with the recommendation for expulsion and the reasons thereof shall be given to the student at the time of suspension and a copy mailed to the parents or guardians of the student suspended.
     

  2. A copy of the suspension with recommendation for expulsion notice shall be forwarded to the Superintendent.  The Superintendent shall set a hearing date for the suspended student to appear before the St. John the Baptist Parish School Board or the Superintendent (within ten (10) school days of the date and suspension).
     

  3. The Superintendent shall notify the parent or guardian of the date, place and time of the hearing by certified mail and shall also advise the parent (guardian) of the right to be represented by counsel.  Further, the Superintendent shall include in his/her "notification of hearing" letter the specific charge against the student or the policy which was broken and remind the parent (guardian) of the pending expulsion.
     

  4. The parent or tutor of the pupil may, within five (5) days after the decision is rendered, request the city or parish School Board to review the findings of the Superintendent or his/her 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/her designee, the School Board may affirm, modify or reverse the action previously taken.

 

The parent or tutor of the pupil may, within ten (10) days, appeal to the district court for the parish in which the student's school is located, from an adverse ruling of the School Board in upholding the action of the Superintendent or his/her designee. The court may reverse or revise the ruling of the School Board upon a finding that the ruling of the Board was based on an absence of any relevant evidence in support thereof.

 

Adopted:  September 18, 1985

 

 

Ref:     U.S. Constitution, Amend. XIII

U.S. Constitution, Amend. XIV, Sec. 1

Ingraham v. Wright, 97 S.Ct. 1401 (1977)

Goss v. Lopez, 95 S.Ct. 729 (1975)

Carey v. Piphus, 98 S.Ct. 1042 (1978)

 

St. John the Baptist Parish School Board