La. Admin. Code tit. 28 § CXV-1311
Current through Register Vol. 50, No. 11, November 20, 2024
Section CXV-1311 - Due Process for ExpulsionsA. A recommendation for expulsion is made by the principal or, in the case of a student found carrying or possessing a firearm or another dangerous instrumentality other than a knife, or who possesses, distributes, sells, gives, or loans any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law, in any form, by the principal's designee.B. A hearing is conducted by the superintendent of the LEA or someone designated by the superintendent within fifteen school days. The school board must provide written notice of the hearing to the student and the parent or legal custodian, and such notice shall advise the student and parent or legal custodian of due process rights.C. A determination of whether to expel the student is made by the superintendent or his designee.D. The principal and teacher as well as the student may be represented by someone of their choice at this hearing.E. Until the hearing takes place, the student shall remain on suspension with access to classwork and the opportunity to earn academic credit.F. The parent or guardian of the student may, within five days after the decision to expel the student has been rendered, request the local educational governing authority to review the findings of the superintendent or his designee. Otherwise, the decision of the superintendent shall be final. A student's agreement to cooperate in recommended treatment determined as necessary by a medical professional may be certified in writing by the medical professional and used to initiate reopening the student case. The school board shall take into consideration the student agreement to receive treatment as a positive factor in the final decision applicable to any final disciplinary action. G. The board, in reviewing the case, may affirm, modify, or reverse the action previously taken.H. If the board upholds the decision of the superintendent, the parent or guardian of the student may, within 10 days, appeal to the district court for the parish in which the student's school is located. The court may reverse the ruling of the board.La. Admin. Code tit. 28, § CXV-1311
Promulgated by the Board of Elementary and Secondary Education, LR 31:1284 (June 2005), Amended LR 481014 (4/1/2022).AUTHORITY NOTE: Promulgated in accordance with R.S.17:416.