JDE-P, Procedures for Review of Expulsions

FILE: JDE-P

PROCEDURES FOR REVIEW OF EXPULSIONS

In accordance with Louisiana law, a student who has been expelled from the regular school setting may request that the St. Martin Parish School Board review the expulsion findings. Because of the serious consequences associated with such a disciplinary action, the St. Martin Parish School Board views this right of review as an integral aspect of the expulsion process. The St. Martin Parish School Board has assured itself that its expulsion policies and procedures which govern the conduct of the disciplinary proceedings conducted before and by its administrators are fair, just, and comport with the law. Therefore, in order to ensure that the expulsion proceedings before it are also just, expeditious, and fairly conducted, the following procedures adopted by the St. Martin Parish School Board shall be followed in reviewing a student expulsion.

PROCEDURE FOR REQUESTING A REVIEW

A student, or his/her caretaker, aggrieved by an expulsion decision rendered by the Superintendent, or his/her designee, may request a review by the St. Martin Parish School Board of those findings by completing and submitting to the Superintendent a written request on a form provided by the Superintendent's office. The delay for requesting a review shall be five (5) working days from the date the adverse decision is rendered. However, for good cause shown, the St. Martin Parish School Board may elect to entertain a review which has not been requested within the five (5) day period.
SCOPE OF REVIEW

Any review before the St. Martin Parish School Board shall be limited to:
1. A review of the evidence presented at the expulsion hearing conducted before the Superintendent or his/her designee, in accordance with Board policy. As such, the Board shall determine whether the conclusions or findings of the Superintendent, or his/her designee, are based upon substantial evidence and/or whether the Superintendent's, or his/her designee’s recommendation reflects a total disregard of the evidence presented at the administrative expulsion hearing;
2. Questions or issues presented by the aggrieved party as to whether Board policy and/or the law governing expulsion proceedings have been followed by the administration; and/or
3. Whether any disciplinary policy of the St. Martin Parish School Board has indeed been violated by virtue of the factual findings of the Superintendent, or his/her designee. Consequently, the review by the St. Martin Parish School Board shall be limited to the record of the expulsion hearing and shall not entail the presentation of evidence or in any other form or fashion be a de novo proceeding.
ORDER OF PROCEEDINGS

All reviews before the St. Martin Parish School Board shall be recorded. Should the student, or his/her caretaker, wish to be provided with a copy of the tape recording, a duplicate will be made. However, there shall be no obligation on behalf of the school system to transcribe any tape of the review proceedings. Upon prior approval, a certified court reporter or stenographer may record the proceedings at the sole expense of the student, or his/her caretaker.

The order of the review will be as follows:
1. All parties will introduce themselves to the Board;
2. The Superintendent, or his/her designee shall inform the Board of the course of the administrative proceedings previously conducted, the recommended expulsion, the grounds upon which it is premised, and the basis for which the appeal has been requested by the student and/or his/her caretaker;
3. The Superintendent, or his/her designee, shall then advise the Board of the specific rule or school policy which the student is accused of violating. Thereafter, the Superintendent, or his/her designee, shall recapitulate to the Board the salient factual findings upon which the expulsion recommendation is premised. The sources of the evidence supporting the factual findings shall be disclosed, except that insofar as possible, the names of other students involved in the offense or offenses which has/have led to the expulsion, whether as witnesses, informants, principals, or accomplices, shall not be revealed;
4. The principal, teacher, or other school employee shall be allowed to address the Board on any issue implicated in the proceedings;
5. Thereafter, the student, or his/her caretaker (or his/her representative) may respond. This response shall be limited to the parameters set forth in subpart 2 above. However, the aggrieved student, or anyone acting on his/her behalf, shall not be prohibited from reviewing with the Board any evidence adduced at the expulsion hearing at the administrative level which may refute or discount the Superintendent's findings and recommendation, or which may mitigate against that recommendation;
6. Then, the Superintendent, his/her designee, or any principal, teacher, or school employee referred to in subpart 3 above, may refute any statement, comment, or argument espoused by the student or his/her representative;
7. The Board shall then deliberate on the issues and/or arguments presented during the review proceedings. These deliberations shall not be recorded; and
8. The St. Martin Parish School Board shall affirm, modify or reverse the action and/or recommendation of the Superintendent, or his/her designee, with respect to the expulsion. However, any formal vote shall be taken on the review in an open session.
  
  During the review proceedings before the St. Martin Parish School Board, the student and his/her caretaker, or his/her representative, shall not be entitled to present any witnesses or to examine the Superintendent, his/her designee, or any principal, teacher, school employee, or other witness associated with the expulsion. However, at all times during the proceedings, Board members may question the student, or his/her caretaker, or his/her representative. Furthermore, individual Board members may likewise question the Superintendent, his/her designee, or any teacher or principal who may be involved in the expulsion. Board members are encouraged to question any parties only when deemed necessary to satisfy any uncertainty or to clarify any issue, statement, or fact implicated by the review proceedings. As such, individual Board members should refrain from argumentative questions or statements and not engage in any colloquy with any party. Thus, Board members are reminded that their function is limited to a review of the findings of its administrators, and the scope of the review process is confined to the issues set forth in this procedure.
PRESIDING OFFICER

The Board President shall be the presiding officer over the review proceedings. However, upon approval of the Board, the attorney for the St. Martin Parish School Board may preside over the review. Nonetheless, the deliberations of the St. Martin Parish School Board shall be conducted by the Board President.
DECORUM

All parties participating in the hearing before the St. Martin Parish School Board shall conduct themselves in a dignified, courteous manner. Remarks by anyone that reflect adversely upon the race, ancestry, religious creed, national origin, physical handicap (including AIDS), medical condition, sex, age, or marital status of any person shall be deemed improper and out of order. Persistence in such comments by an individual shall terminate that person's privilege to participate in the review proceedings before the St. Martin Parish School Board. Furthermore, no person shall use the proceedings for an unwarranted attack upon the personal integrity, character, or competency of any employee of the St. Martin Parish School Board.

The provisions of La. Rev. Stat. Ann. §42:17(C) permit the removal of any person or persons who willfully disrupt a meeting to the extent that the orderly conduct thereof is seriously compromised. During the review proceedings, the St. Martin Parish School Board shall rely upon statutory authority for the immediate removal of any offender.

Furthermore, no comment by any Board member or nonmember during the review shall be met with unauthorized comments, stomping of feet, whistling, clapping, yells, or similar demonstrations that are designed to impede, disrupt, or hinder the normal proceedings, or to otherwise offend and/or embarrass any participant.
EXECUTIVE SESSION

In accordance with La. Rev. Stat. Ann. §42:17, the review shall be conducted in executive session, unless the student or his/her caretaker requests a public review. However, as previously provided in Section C(7) of this procedure, a final vote on the Superintendent’s recommendation must be taken publicly. Nothing contained herein shall be construed as prohibiting the St. Martin Parish School Board from deliberating upon the issues implicated by the review proceedings in executive session.
PRESENCE OF TEACHER, PRINCIPAL, OR SCHOOL EMPLOYEE

Any principal, teacher, or other school employee who may be involved in the expulsion process, whether as a victim, witness, or investigator, shall be entitled to attend the review proceedings before the St. Martin Parish School Board.

Furthermore, as provided for in paragraph C herein, any such principal, teacher, or school employee shall be entitled to address the Board on any issues implicated by the proceedings. Therefore, the principal, teacher, or other school employee involved in the expulsion shall be notified of the date, time, and place of the review proceedings.
FINALITY OF THE REVIEW

The decision of the St. Martin Parish School Board, after the review proceedings, shall be final. No further appeal or review by and/or before the Board shall be permitted, unless specifically requested by the Superintendent and upon good cause shown by him/her. Hence, any further appeal of the expulsion by the student or his/her caretaker shall be as prescribed by law.
DEFINITION OF CARETAKER

The term "caretaker" is defined, for purposes of this procedure, as any person legally obligated to provide or secure adequate care for the expelled student, including a parent, tutor, guardian, legal custodian, foster home parent, an employee of a public or private day care center, or other person providing a residence for the child.
REPEAL OF PROVISIONS AND CONFLICTS THEREWITH

Any policy of the St. Martin Parish School Board previously adopted which is in conflict with the provisions herein expressed is hereby deemed repealed. These procedures are designed however, to supplement and not supplant policies coded JCD, JD, JDD, and/or JDE. Furthermore this procedure shall be applied and interpreted in accordance with the disciplinary handbooks and policies previously adopted by the St. Martin Parish School Board.

St. Martin Parish School Board