Expulsion

  • The St. Mary Parish School Board shall authorize the superintendent to expel a student from school if an offense committed by the student is serious enough to warrant such action or is in violation of state law.  Upon the recommendation for expulsion of a student by the principal, the superintendent or designee shall conduct a hearing to determine whether expulsion or other disciplinary action shall be taken.  At the hearing, the principal and/or teacher concerned may be represented by any person appointed by the superintendent.  The concerned teacher shall be permitted to attend and present any relevant information. Until the hearing, the student shall remain suspended.  At the conclusion of the hearing, the superintendent or designee shall determine whether expulsion or if other corrective disciplinary action shall be taken.

    The parent, tutor, or guardian of the student may request in writing, within five (5)days after the decision to expel has been rendered, that the board review the findings of the superintendent/or designee at a time set by the board.  After reviewing the findings of the superintendent, the school board may affirm, modify, or reverse the action of the superintendent or designee.

    Any student who is expelled shall receive no credit for school work missed while he is expelled.

    State law requires the superintendent to expel a student for minimum periods of time if found guilty of certain offenses, as follows:

    1. 16 years or older

      If, after an appropriate hearing, a student is found guilty of intentional distribution or possession with intent to distribute any illegal narcotic,drug or controlled substance on school property, on a school bus, or at a school sponsored event, the student shall be expelled for a minimum of (4) four complete school semesters, unless such student has agreed to participate and/or participates full time in a juvenile drug court program operated by a court of this state as required for such student by the appropriate authority.  Such student may be placed by the school system in an alternative education program for suspended and expelled students approved by the State Board of Elementary and Secondary Education.

    2. Under 16 years, and in grades 6-12

      If, after an appropriate hearing, a student is found guilty of  intentional distribution or possession with intent to distribute any illegal narcotic, drug or controlled substance  on school property, on a school bus, or at a school sponsored  event, the student shall be expelled for a minimum of (2) two complete school semesters, unless such student has agreed to participate and participates full time in a juvenile drug court program operated by a court of this state as required for such student by the appropriate authority.  Such student may be placed by the school system in an alternative education program for suspended and expelled students approved by the State Board of Elementary and Secondary Education.

    3. Grades K-5

      If, after an appropriate hearing, a student is found guilty of knowledge and intentional distribution of/or possession with intent to distribute any illegal narcotic, drug or other controlled substance on school property, on a school bus, or at a school-sponsored event, the student shall be referred to the school board with recommendation of appropriate action by the Superintendent.

     ADDITIONAL REASONS FOR EXPULSION

     Students may also be expelled for any of the following reasons:   

    1. Any student, after being suspended for committing violations of any discipline policies or other rule infractions, depending on the severity of the behavior, may be expelled upon recommendation to the board by the principal. 
    1. Any student, after being suspended on three (3) occasions  for committing any weapon, drugs, or knife offense during the same  school session, shall, on committing the fourth offense, be expelled from the public schools, for a maximum period allowed by state law, subject to  review and approval by the School Board. 
    1. A student determined to have brought a weapon to a school under the board's jurisdiction shall be expelled for a minimum period of (4) four complete school semesters. K-5 grades shall be expelled for a minimum period of (2) two complete school semesters. The superintendent may modify the expulsion requirement on a case-by-case basis, providing that such modification is in writing.  A weapon, in accordance with federal statues, means a firearm or any device which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, and a firearm muffler or firearm silencer, or any destructive device.  

    READMITTANCE FOLLOWING EXPULSION

    In each case of expulsion, the school principal, or his or her designee, shall contact the parent, tutor, or legal guardian of the student to notify them of the expulsion, the reasons therefore, and establish a date and time for a conference with the principal or designee as a requirement for readmitting the student.  Notice shall be given by sending a certified letter to the address shown on the student's registration card.  Also, additional notification may be made by contacting the parent, tutor, or legal guardian by telephone at the number shown on the student's registration card.  If the parent, tutor, or legal guardian fails to attend the required conference within five school days of mailing the certified letter the truancy laws shall become effective.  On more than one occasion each school year when the parent, tutor, or legal guardian refuses to respond, the principal may determine whether readmitting the pupil is in the best interest of the pupil.  On any subsequent occasions in the same year, the pupil shall not be readmitted unless the parent, tutor, legal guardian, court or other appointed representative responds.

    In any case where a teacher, principal, or other school employee is authorized to require the parent, tutor, or legal guardian of a pupil who is under the age of eighteen and not judicially emancipated or emancipated by marriage to attend a conference or meeting regarding the pupil's behavior and, after notice, the parent, tutor, or legal guardian willfully refuses to attend, the principal or designee shall file a complaint in accordance with statutory provisions with a court exercising juvenile jurisdiction.

    Any student expelled from school because he or she was in possession of a firearm on school property or because of illegal narcotics, drugs, or other controlled substance on school property, on a school bus, or at a school event may be readmitted to school on a probationary basis at any time during the expulsion period on such terms and conditions as may be stipulated by the school board.  Readmission to school on a probationary basis shall be contingent on the student and legal guardian or custodian agreeing in writing to the terms and conditions stipulated by the school board.  Any such agreement shall contain a provision for immediate removal of the student from school premises without benefit of a hearing or other procedure upon the principal or superintendent determining the student has violated any condition agreed to.  As soon as possible, the principal or designee shall provide verbal notice to the superintendent of schools of any such determination and also shall attempt to provide such verbal notice to the student's parent or other person responsible for the student's school attendance.  The principal or designee shall also provide proper notification in writing of the termination and reasons for removal to the superintendent and the student's parent or legal guardian or other responsible person. 

    A student who has been expelled from any public or non public school in or out of state shall not be admitted to a school in the school system except upon review and approval of the school board following the request for admission.  To facilitate the review and approval for re-admittance, the student shall provide to the board information on the dates of any expulsions and the reasons therefore.  Additionally, transfer of student records to any school or system shall include information on the dates of any expulsions and the reasons therefore.

    A student who has been expelled from any school in or out of state for possessing on school property or on a bus a firearm, knife, or other dangerous weapon or instrumentality customarily used or intended for probable use as a dangerous weapon, or possessing or possession with intent to distribute or distributing, selling, giving, or lending while on school property or a school bus any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law, shall not be readmitted to any school until the student has enrolled and participated in an appropriate rehabilitation or counseling program related to the reason(s) for the expulsion. The rehabilitation or counseling programs shall be provided by such programs approved by the juvenile or family court having jurisdiction, if applicable, or by the School Board.  The requirement for enrollment and participation in a rehabilitation or counseling program shall be waived only upon the student attesting in writing that no appropriate program is available in the area or that the student cannot enroll or participate due to financial hardship.

    The superintendent or designee shall have the authority to modify expulsion requirements on a case by case basis, providing that the modifications are in writing.

     Print this page (MS Word--Accessible)