Current through Register Vol. 50, No. 3, March 20, 2024
A. Each
charter school shall adopt such rules and regulations as it deems necessary to
implement and control any disorderly conduct in the school or on the playground
of the school, on any school bus, on the street or road while going to and from
school, or during intermission and recess, or at any school sponsored activity
or function.
1. The plan shall not prohibit a
teacher from removing a pupil from the classroom for disciplinary
reasons.
2. The plan shall address
student behavior with a focus on evidence-based interventions and supports,
prioritizing 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.
3. Each charter school shall adopt rules
regarding the reporting and review of disciplinary actions.
B. Teachers, principals, and
administrators may, subject to any rules as may be adopted by the charter
school, apply reasonable disciplinary and corrective measures to maintain order
in the schools (refer to
R.S.
17:416 and
R.S.
17:223).
C. The disciplinary rules (regulations) shall
be made known to teachers, parents, and students and shall be reasonably and
consistently enforced.
D. Any
principal who fails to act on a report of student violations of disciplinary
regulations shall explain his/her reasons for such an action to the
superintendent of the charter school by the administrator is employed, or to
the superintendent designee.
1. Any public
school administrator and any administrator designee who is required to make a
recommendation, resolve an issue, or apply a disciplinary action in a matter
involving the discipline of a student shall recuse themselves from doing so
whenever a member of the immediate family of the school administrator or of the
administrator designee is involved in any manner in the recommendation to be
made, the issue to be resolved, or the action to be applied.
a. Immediate family means the individual's
children, brothers, sisters, parents, and spouse and the children, brothers,
sisters, and parents of the spouse.
b. In case of such recusal, the
recommendation shall be made by, the issue determined by, or the disciplinary
action taken by the superintendent or an impartial designee of the
superintendent.
E. Students, who, through no fault of their
parents or guardians or other persons having charge of them, regularly disrupt
the orderly processes of the school to which they have been assigned, shall be
considered as delinquents and may be reported by the visiting teacher or
supervisor of child welfare and attendance, to the district or family court of
the parish having jurisdiction in juvenile matters, there to be dealt with in
the manner prescribed by law.
F.
Schools shall provide due process prior to suspensions and
expulsions.
G. Students who are
removed from the classroom for disruptive, dangerous, or unruly behavior or who
are suspended for 10 days or less shall be assigned school work missed and
shall receive either full or partial credit for such work upon satisfactory and
timely completion as determined by the principal or designee and upon the
recommendation of the student's teacher. A student who is suspended for more
than 10 days or is expelled shall receive educational services in an
alternative school site, shall be assigned school work by a certified teacher,
and shall receive credit for school work upon satisfactory and timely
completion as determined by the teacher. Such work shall be aligned with the
curriculum used at the school from which the student was suspended or expelled.
1. Upon removal from the classroom for
disruptive, dangerous, or unruly behavior, the principal or designee shall
advise the student of the misconduct and basis for accusation, and the student
shall be given an opportunity at that time to offer rebuttal of the accusation.
The principal or 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. The principal or designee shall provide oral or written
feedback to the parent or guardian of the student and may also provide oral or
written feedback to the teacher initiating the removal. Feedback to teachers
may include guidance and support on practicing effective classroom management
including but not limited to positive behavior supports.
2. Students who are removed from the
classroom for disruptive, dangerous, or unruly behavior shall be permitted to
return to the class after:
a. no fewer than 30
minutes for students in kindergarten through fifth grade unless consent is
given by the teacher initiating the disciplinary action;
b. the end of the class period for students
in sixth through twelfth grade unless consent is given by the teacher
initiating the disciplinary action;
c. the principal or designee has implemented
at least one or more of the following disciplinary actions:
i. conferencing with the principal or the
principal designee;
ii. referral to
counseling;
iii. peer
mediation;
iv. referral to the
school building level committee;
v.
restorative justice practices;
vi.
loss of privileges;
vii.
detention;
viii. in-school
suspension;
ix. out-of-school
suspension;
x. initiation of
expulsion hearings;
xi. referral
for assignment to an alternative setting;
xii. any other disciplinary measure
authorized by the principal with the concurrence of the teacher of the school
building level committee pursuant to law and charter school policy.
3. When a student is
removed from the classroom for disruptive, dangerous, or unruly behavior, the
teacher or the principal or designee may require that the parent or legal
guardian of the student have a conference with the teacher or the principal or
designee. Such conference may be in person, by telephone, or by other virtual
means.
4. Upon the third
disciplinary removal from the same classroom, the teacher and principal shall
discuss the disruptive behavior patterns of the student and the appropriate
disciplinary action prior application of a disciplinary measure. A conference
between the teacher or other appropriate school employee and the student's
parent or legal custodian may be required prior to student readmission to the
same classroom. Such conference may be in person, by telephone, or by other
virtual means. If required by the school or charter school policy, the school
shall give written notice to the parent.
5. For students who experience multiple
behavioral incidents or disciplinary referrals, a principal or 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.
H. Each local educational governing authority
charter school shall adopt rules regarding the implementation of inschool
suspension and detention.
I. Each
charter school shall establish a discipline policy review committee comprised
of sixteen members in accordance with the mandates of
R.S.
17:416.8. The charter school shall establish
procedures for appointing the two parent members.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 17:223-224,
R.S.
17:416, and
R.S.
17:416.13.
