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J - Students Note: This manual is currently not being updated online. We are in the process of updating the online manual and will post the updates soon.
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EQUAL EDUCATION OPPORTUNITIES It shall be the policy of the School Board that the school district shall place an equal emphasis upon the nondiscriminatory provision of educational opportunities for children and no person shall be denied the benefits of any education program or activity on the basis of race, color, handicap, religion, creed, national origin, age, or sex. All programs offered by schools within the school district shall be open to all students in compliance with statutory and judicial requirements. The Superintendent shall designate a member of
the staff to investigate any and all complaints which may be brought against the
district in regard to any alleged discriminatory action. Adequate procedures
shall be developed and maintained to provide for prompt and equitable resolution
of student complaints. Ref: 42 U.S.C. §§2000d (1-6); 42 U.S.C.
§§2000c (1-9); 20 U.S.C. §1681 et seq.; 20 U.S.C. §1401 et seq.; 42 U.S.C.
§1983; 29 U.S.C. §794; 29 U.S.C. §§621 et seq.; Singleton v. Jackson
Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1969); Ross v.
Moffitt, 94 S.Ct. 437 (1974); San Antonio Independent School District v.
Rodriguez, 93 S.Ct. 1278 (1973); Regents of University of California v. Bakke,
98 S.Ct. (1978). FILE: JB ATTENDANCE The Calcasieu Parish School Board believes regular attendance in the school accompanied by the responsibility to study and participate in school activities is essential to the learning process. Once a pupil arrives at school, he is expected to remain and attend each class throughout the day. Elementary and secondary students shall be present the minimum number of days as required by the State Board of Elementary and Secondary Education and enumerated in the Louisiana Handbook for School Administrators, Bulletin 741, to receive credit for courses taken. Currently, high school students shall be in attendance a minimum of eighty (80) days per semester, and elementary students must be in attendance a minimum of one hundred sixty (160) days per school year in order to receive credit for courses taken. Exception can be made only in the event of extended personal illness verified by a physician/medical record or if other extenuating circumstances exist and are approved by the Supervisor of Child Welfare in consultation with the school principal. Exception may also be made for schools operating on other than the traditional 182 day school calendar. All students shall be under the jurisdiction of the school during normal school hours, from the time the student arrives at school each day until he leaves the school campus in the afternoon. In case a student rides a bus, he shall be under the jurisdiction of the school from the time he boards the bus until the student exits the bus in the afternoon. Students shall be under the jurisdiction of the school while attending any school sponsored activity either at school or away from school. This shall apply to all students, including athletic teams, pep clubs, band and other student organizations. In disciplinary matters, the Board's authority may extend beyond the limits set forth above, in accordance with state law. SPECIAL EDUCATION AND COMPULSORY ATTENDANCE If a student is assigned to special education classes or school, he/she is subject to the Compulsory Attendance Law (A.G. Opinion # 83-459). HOMEBOUND INSTRUCTION A student enrolled in regular education who, as a result of a physical illness, accident, or the treatment thereof, is temporarily unable to attend school shall be provided instructional services in the home or hospital environment through special education, according to State regulations. A student placed in a hospital/homebound instructional program shall be considered present from the date of placement until the date of termination from the program. EXCEPTIONAL STUDENTS' ATTENDANCE School systems shall provide education and related services to exceptional students in accordance with an Individualized Education Program (IEP) for no less than the normal one-hundred-eighty (180) day school cycle. Revised: March, 1999 Ref: La. Rev. Stat. Ann. §§17:221, 17:226, 17:227; Louisiana Handbook for School Administrators, Bulletin 741, State Department of Education; Pupil Appraisal Handbook, Bulletin 1508, State Department of Education.
FILE: JBA COMPULSORY SCHOOL ATTENDANCE AGES Except as provided by law, every child in the state is required by state law to attend public or private school from the child's seventh (7th) birthday until his/her eighteenth (18th) birthday, unless the child graduates prior to his/her eighteenth (18th) birthday. Any child below the age of seven (7) who legally enrolls in school shall also be required to attend school. If a child in these age brackets was a resident of this parish when school opened and enters school late without having attended another public or private school or approved home study program during the current school session within or without the parish, a statement should be secured from the parents or guardian giving the reasons why the child has not been in school. If these reasons are not satisfactory, the matter should be referred to the Supervisor of Child Welfare and Attendance, who may find it necessary to refer it to the proper court. The only exceptions to the compulsory school attendance provisions of state law are as follows: 1. Children mentally, physically, or emotionally incapacitated to perform school duties, and children unable to profit from further school experience, such exceptions to be certified in writing by a psychiatrist, psychologist, recognized evaluation centers or clinics, or other professionally qualified person or agency designated by the Board. 2. Children living outside the boundaries of a city, town or municipality, more than 22 miles from a school or suitable grade where adequate free transportation is not furnished by the Board and children living more than 12 miles from a transfer route providing transportation furnished by the School Board to a school of suitable grade; and, 3. Children temporarily excused from school, as follows: a. Children who are ill and whose attendance in school would endanger their own health or that of their classmates, and who have a certificate of a physician licensed to practice in Louisiana verifying said illness; b. Children in whose families there is serious illness which would reasonably necessitate the absence from school, if in the judgment of the Supervisor of Child Welfare and Attendance, such absence is justified, or if the illness is substantiated in writing by a licensed Louisiana physician; c. Children in whose immediate family a death has occurred, such absence is not to exceed one week because of and at the time of such death; and d. Children whose religious faith requires absence for the observance of a special and recognized holyday of the child's own faith. A child between the ages of seventeen (17) and eighteen (18) may withdraw from school prior to graduation with the written consent of his/her parent or guardian. Such consent must be submitted to the Supervisor of Child Welfare and Attendance. The parent, tutor, or other person responsible for the school attendance of a child between the ages of sixteen (16) and eighteen (18) who is enrolled in school may request that the student be allowed to attend an alternative education program or a vocational-technical education program. Compulsory attendance does not apply to any child who is under the age of seventeen (17) and is attending or seeking admission to a National Guard Youth Challenge Program in Louisiana. The principal may require certificates from practicing physicians or dentists substantiating all illness. The principal may also require written evidence from church authorities relative to requiring religious observances. Children granted excused absences for the above reasons shall be allowed to make up any school work which was missed or failed to be completed during the prescribed time. In such instances, the student's grade will not be given until the makeup work has been completed.
Revised: August, 2001 Ref: La. Rev. Stat. Ann. ''17:221, 17:226; Bulletin 741, Louisiana Handbook for School Administrators, Louisiana Department of Education; Board minutes, 6-18-02, 9-17-02.
FILE: JBB ENTRANCE AGE The School Board shall require children entering kindergarten at the beginning of the school session for the first time to be at least five (5) years of age on or before September 30 of the calendar year in which the school year begins. For students entering first grade for the first time at the beginning of the school session, they shall be six (6) years on or before September 30 of the calendar year in which the school year begins. The only exception to the above requirement shall be those students who resided out of the parish and transferred to this system from an approved public or private school. Ref: La. Rev. Stat. Ann. §17:222; Board
minutes, 10-15-85. FILE: JBC SCHOOL ADMISSION The Calcasieu Parish School Board shall admit students to the schools of the school district under such rules and regulations as the Board may prescribe. No student may be excluded from the appropriate school within the school district except by due process or failure to meet specifications of Board policies. The Board fully recognizes that providing equality of educational opportunities for all children requires objectivity. The Board is equally concerned that all admission policies adhere strictly to applicable legal requirements. No child shall be admitted to school for the first time until her or his parents do the following: Obtain a Permit to Register form from the Office of Child Welfare and Attendance. 1. Present to school officials an official birth certificate. A short form birth certification card shall be acceptable. Only records from the registrar of vital statistics will be accepted. Children born in Louisiana will be given a fifteen (15) day grace period to secure a copy of their birth record. Children born out of this state will be given thirty (30) days grace in which to produce a copy of their birth record. It shall be left to the discretion of the Superintendent or designee, subject to the authority of the Board, as to whether or not a child shall continue in school upon failure to comply herewith. 2. Present to school officials evidence of being or having been immunized against diphtheria, tetanus, whooping cough, poliomyelitis and measles and other vaccine-preventable diseases according to a schedule approved by the Office of Public Health, Department of Health and Hospitals. 3. Present to school officials all official school records of school previously attended or information needed to access such records when transferring from another school to one inside the school district. 4. Present to school officials, as a prerequisite to enrolling in the first grade, evidence of having attended at least a full-day public or private kindergarten for a full school year; or of satisfactorily having passed academic readiness screening administered by the school system prior to the time of enrollment in first grade. 5. Present to school officials evidence of being bona fide residents of the Parish, with limited exception. However, children temporarily residing within the jurisdiction of the Board who have no permanent address, who have been abandoned by their parents, or who are in foster care, shall be admitted to school, except as may be allowed by statute. 6. Present to school officials satisfactory evidence that at least one of the child's parents or guardians has completed a parent orientation course conducted by a parish or city school board. However, no child shall be denied entry into school because a parent or guardian has not attended an orientation session.
ADMISSION OF EXPELLED STUDENTS No student who has been expelled in accordance with state law from any school in the state shall be admitted to any school in the school system except upon the review and approval of the Board. No student who has been expelled from any school outside the state of Louisiana or any nonpublic school within Louisiana for committing any of the offenses enumerated in state law shall be admitted to any school in the school system except upon the review and approval of the Board. ADMISSION FROM UNAPPROVED SCHOOLS AND HOME STUDY Students requesting admission from an unapproved school or home study program shall meet all admission requirements specified by state and local statutes and policies. ADMISSION OF HOMELESS STUDENTS Except as provided above with regard to students who have been expelled, no provision in this or any other Calcasieu Parish School Board policy shall be interpreted to impede the immediate or continued enrollment of homeless youth, as addressed in policy JBCBB, Homeless Students.
Revised: November, 1993 Ref: 42 U.S.C. 11431; La. Rev. Stat. Ann. ''17:151.3, 17:167, 17:221, 17:221.2, 17:222, 17:235.1, 17:238, 17:416; Singleton v. Jackson Municipal Separate School District, 419 F. 2d 1211 (5th Cir., 1970); Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education; Board minutes, 6-3-03.
FILE: JBCB ADMISSION OF NON-RESIDENT STUDENTS The School Board may, by mutual agreement, provide for the admission to any school of pupil(s) residing in an adjoining city, parish, or other local School Board district, and for transfer of funds or other payments by one Board to another on account of such attendance. STUDENTS RESIDING NOT MORE THAN ONE MILE FROM SCHOOL If not specifically contrary to the provisions of a valid and applicable court order, the School Board shall admit and assign a student to attend any public school requested by a parent or other person responsible for the student's school attendance when the requested school has space available, suitable grade levels, and the child resides not more than one mile from such school. The one-mile distance shall be measured by the distance to be traveled on public streets or highways, or by the boundary of a subdivision. Such assignment shall apply regardless of parish boundaries. The School Board, however, shall have final authority and responsibility for the assignment, transfer, and continued attendance of students in schools within the Board's jurisdiction. STUDENT RIDING SCHOOL BUS FOR MORE THAN ONE HOUR If not specifically contrary to the provisions of a valid and applicable court order, a student riding a school bus for one hour or more to the school assigned may transfer to, enroll in, and attend a public school in an adjoining school system upon written application to the Superintendent of the adjoining school system for his/her approval. Approval must be granted before the student is allowed to enroll in the school system. Documentation of the time required to transport the student shall be presented to the Superintendent of the school system in which the student is currently enrolled as well as the Superintendent of the adjoining school system. The Superintendent of the school system in which the student is currently enrolled may dispute the accuracy of the documentation by requesting, in writing, within ten (10) days of receipt of the documentation, a hearing on the question of the time required to transport the student before the School Board of the adjoining school system. A hearing shall be held within thirty (30) days of receipt of the written request. The finding of the School Board of the adjoining school system shall be final. For the transfer to occur, the adjoining school system shall provide transportation for the student. The time required to transport the student from his/her home to the school assigned shall be less than one (1) hour. NON-RESIDENT ATTENDANCE PROVISIONS
Out-of-parish student attendance shall comply with the following provisions: HOMELESS STUDENTS The Calcasieu Parish School Board shall provide a free appropriate public education, including preschool education, to any homeless child or youth within the jurisdiction of the School Board. For the purpose of this policy, the term homeless includes an individual who lacks a fixed, regular or adequate residence; or has a primary nighttime residence in a shelter, an institution providing temporary residence for individuals intended to be institutionalized, or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings; or is sharing the housing of other persons. The term does not include any individual imprisoned or adjudicated. Homeless students requesting enrollment will be placed in school immediately, even if required registration documents are unavailable. School documents needed should be requested after the student has been enrolled. There will be no barriers to homeless children and youth entering school. In addition to the above, the Calcasieu Parish School Board shall:
Ref: 42 U.S.C. 11431, Stewart B. McKinney Homeless Assistance Act; Plyler v. Doe 457 U.S. 202 (1982); La. Rev. Stat. Ann. ''17:81, 17:151.3, 17:221, 17:221.2, 17:222, 17:235.1, 17:238, 17:416; Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education; Board minutes, 6-3-03.
FILE: JBCC STUDENT ASSIGNMENTS ATTENDANCE ZONE REQUIREMENTS The School Board shall have authority and responsibility for the assignment, placement, transfer, and continued education of all students attending schools within its jurisdiction. The School Board shall require a student to attend the appropriate school as determined by the residence (domicile) of the student or the parent, legal guardian, or provisional custodian, or if he/she is eighteen years old or has been emancipated by a court order, by the student's own domicile. However, the Board reserves the authority and responsibility to assign and/or transfer a student to any of the public schools within its jurisdiction, if circumstances warrant. The parent or legal guardian of a pupil may file in writing to the Board an objection to the assignment of the pupil, in which case the Board shall review the assignment and investigate the circumstances in order to render a decision. The School Board, by statute, shall be required to assign a student to attend any public school requested by a parent or other legally responsible person when the requested school has space available and is of suitable grade level, and the child resides not more than one (1) mile from such school. Such assignment shall be made if not specifically contrary to the provisions of law, rule, regulation, or an order of a court of competent jurisdiction. Assignment shall also be made without regard to parish boundaries. Legal custody is defined as the legal status created by a court order which establishes in a custodian the right to have physical custody of the child or minor. Legal custody shall also include cases where provisional custody of a minor student has been granted to a person of legal age by the child's parents, or the natural tutor, in the event of separation or divorce. Provisional custody shall be verified by submitting a properly executed and notarized form attesting to the granting of provisional custody. The school principal or designee shall be responsible for monitoring the school enrollment list and shall immediately terminate and/or transfer an unauthorized student. VERIFICATION OF RESIDENCE The School Board shall require verification of residence of those students whose residence is suspected to be outside the attendance zone of the school the student is attending. When investigating the residence of a student, the School Board shall attempt to verify the primary place of residence of the legal parent or legal or provisional guardian. Such verification of residence shall be based on such items as the following:
SPECIAL EDUCATION ASSIGNMENTS The Board shall require that special education students be assigned to programs within their attendance zones, if possible. However, if an appropriate program is unavailable within a student's attendance zone, the student may be placed in a school specifically designed to provide the appropriate learning style of the student. CLASS ASSIGNMENT Generally, student assignments in K through 8 will be made by the principal of the school. However, in some cases schools may be structured so that students in higher grades may select classes and courses of study. The placement of a student shall be based on grades, achievement test scores, and participation in special programs. Selection of classes and courses of study in grades 9 through 12 shall be uniformly made by individual students. Assistance in planning course of study and selection of classes shall be provided by teachers, counselors, and administrators. Each student shall be furnished a schedule of classes offered and requirements for graduation. Some classes may have prerequisites for enrollment. OUT-OF-ZONE TRANSFER REQUESTS No school shall accept a student who does not reside in that school's attendance zone unless the student has an approved out-of-zone transfer request on file or is a special education assignment to that school. Out-of-zone requests shall be approved on a space available basis for only one year with the exception of magnet school requests. Any student suspended three (3) or more times during any school session shall not be considered for an out-of-zone transfer unless the request is approved by the appropriate assistant superintendent. Magnet School Program Requests Any Calcasieu Parish student may request permission to attend a magnet school program. The deadline for magnet school requests shall be announced yearly by the Calcasieu Parish School Board. Applications for each magnet school program will be approved on a first-come, first-served basis. A magnet school request shall be approved for as long as the student continues to meet the attendance and academic requirements of the program. A student who elects to attend a magnet school program shall provide his own transportation. Majority-to-Minority Transfer Requests Any student whose race is in a majority at a school may request a transfer to school where his/her race is a minority. Majority-to-minority transfers will be honored at schools dependent on available classroom space and staffing. Under no circumstances will majority-to-minority transfers be continued once the former minority racial composition of the school equals fifty percent (50%) of the enrollment. The deadline for applications for majority-minority transfer requests will be established yearly by the Calcasieu Parish School Board. A student for whom a majority-to-minority request has been approved must remain at the school for the duration of the school year for which the request has been approved. Transportation will be furnished by the Calcasieu Parish School Board for each student who qualifies for a majority-to-minority transfer if the student enrolls in the school nearest to his/her home in which his/her race is in the minority. Otherwise transportation shall be the responsibility of the parent or legal guardian. Elementary Child Care Hardship A parent or guardian of a child enrolled in elementary grades may request permission for the child to attend school out of zone due to child care needs. (An example of a child care hardship case would include the case of a single working parent with limited income who is dependent on a relative for assistance in caring for a child while the parent works.) Requests based on child care needs may be made as the need arises and will be approved based on the merits of the individual case. Transportation to an out-of-zone school for child care purposes shall be the responsibility of the parent or legal guardian. Requests Due to Changes in Residence A student whose parents or legal guardian move to another school zone during the course of a semester may request permission to remain at the initial school until the end of the semester. If the student is a graduating senior, he/she may request permission to remain at the initial school until the end of the school term. However, no out-of-zone permit shall be issued to a student whose legal domicile changed prior to the beginning of a school term. Transportation for students requesting to remain at their initial school after a change in residence shall be the responsibility of the parent or legal guardian. Revised: September, 1992 FILE: JBCD TRANSFER BETWEEN SCHOOLS AND
WITHDRAWALS No parish school shall accept a student from another parish school who has not properly withdrawn from the previous school and has a completed transfer form at the time of the transfer. In addition, no transfer student shall be accepted at a parish school without a Permit to Register Form issued by the Office of Child Welfare and Attendance. Students withdrawing from a school shall return all school-owned property in good condition and pay all outstanding fees and debts before receiving a withdrawal form. Upon completion of the withdrawal process, the student shall be given a copy of the completed withdrawal form, a copy of his/her health record, a copy of withdrawal grades and attendance for the portion of the six weeks completed and a copy of his/her report card to take to the receiving school. If a special education student is transferring from one Calcasieu school to another, the initial school shall immediately notify the Department of Special Education of the transfer. Special education records shall be transferred immediately upon request by the receiving school. Ref: La. Rev. Stat. Ann. §§17:81, 17:221,
17:226, 17:227. FILE: JBD ABSENCES AND EXCUSES The Board recognizes that the fundamental right to attend the public schools places upon students the accompanying responsibility to be faithful in attendance. Regular attendance can be assumed to be essential for a student's successful progress in the instructional program. For a student to be eligible to receive credit and make up work during an absence, the student shall be required in each instance to submit parental confirmation of the reasons for the absence. Students not excused shall be given failing grades in those subjects for those days missed, provided a graded activity was conducted during the unexcused absence, and shall not be given an opportunity to make up the work missed. No public elementary or secondary school pupil shall be permitted for any reason to absent himself from school attendance during the school day upon his own authority. The principal or designee shall make all reasonable efforts to verbally notify the parent or other person responsible for the pupil's school attendance of any such prohibited absence by a pupil. When a child has been absent from school for
five (5) school days in schools operating on a semester basis and for ten (10)
school days in schools not operating on a semester basis the school shall
attempt to provide verbal notification and, if such verbal notification cannot
be provided, then shall provide written notification to a child's parent, tutor,
or legal guardian. Excused absences can only be granted in the event of extenuating circumstances as outlined below. School personnel may require medical documentation from physicians and dentists to substantiate all illnesses. Written evidence from church authorities relative to requiring religious observances may also be required. The only exception to the attendance regulation shall be the delineated extenuating circumstances that are verified by the Supervisor of Child Welfare and Attendance, which are as follows:
Students who are verified as meeting extenuating circumstances and therefore eligible to receive grades shall not receive those grades if they are unable to complete makeup work or pass the course. A student who is absent five (5) or more days in any six-weeks period shall receive an incomplete grade in all subjects involved if the grade is not made up before the end of the grading period. The student can make up the work during the next six-weeks period. If he fails to do so, the incomplete grade automatically becomes a "U". It shall be the responsibility of the teacher to inform the student of the deadline for any makeup work. ABSENCES DUE TO SCHOOL APPROVED ACTIVITIES Students participating in school approved activities which necessitate their being away from school shall be considered to be present and shall be given the opportunity to make up work. TYPES OF ABSENCES The days absent for elementary and secondary school students shall include temporarily excused absences, unexcused absences, and suspensions.
RECORDING ATTENDANCE All schools shall keep daily records of attendance, verified by the teacher keeping such records which shall be open to inspection by the visiting teacher or Supervisor of Child Welfare and Attendance. Each school shall attempt to provide verbal notification, and if such verbal notification cannot be provided, then shall provide written notification to a child's parent, tutor, or legal guardian when that child had been excessively absent from school for five (5) school days in schools operating on a semester basis, and for ten (10) days in schools not operating on a semester basis. (NOTE: For attendance purposes only, high schools shall operate on a semester basis.)
PARENTAL NOTIFICATION FOR EXCESSIVE ABSENCES
TARDINESS The following steps shall be taken for excessive tardiness:
REPORTING OF UNEXCUSED ABSENCES The following procedures shall constitute the reporting of unexcused absences:
LEAVING SCHOOL The following procedures shall be followed for any student wishing to leave school during the school day:
Revised: December, 1995 Ref: La. Rev. Stat. Ann. §§17:221, 17:226,
17:227, 17:232; Louisiana Handbook for School Administrators, Bulletin 741,
State Department of Education. TRUANCY The Board recognizes truancy as absence from class or school for any portion of a period or day without permission from home or school. Students shall not be allowed to leave the campus without proper permission at any time during the school day, including before school begins, or after school while waiting for their bus. Students shall remain on the campus at all times unless granted permission to be off-campus, or be subject to disciplinary action. Violations of attendance laws and regulations may lead to suspension and/or expulsion from school. School personnel shall be expected to make every reasonable effort to assist a child who is habitually absent or tardy from school. A student shall be considered habitually absent or habitually tardy when either condition continues to exist after all reasonable efforts by the principal and teacher have failed to correct the condition. The principal or designee, with the aid of the teachers, shall file a report of the school's efforts to effect regular attendance by the student with the Supervisor of Child Welfare and Attendance. Any student who is a juvenile and who is habitually absent from school or habitually tardy shall be reported by the Visiting Teacher and/or Supervisor of Child Welfare and Attendance to the appropriate court of the parish or city as a truant child. Revised: December, 1990 Ref: La. Rev. Stat. Ann. §§17:221, 17:221.1, 17:223, 17:228, 17:233.
DUE PROCESS The School Board mandates that all students shall be treated fairly and honestly in resolving grievances, complaints, or in the consideration of any suspension or expulsion. Due process shall be defined as fair and reasonable approaches to all areas of student grievance and discipline on the part of all school officials in order not to arbitrarily deny a student the benefits of the instructional process. Basically, due process requires the school administration to impose fundamentally fair procedures to determine whether misconduct or other improper action has occurred before any disciplinary action may be taken by the school administration, except in the case of imminent danger or disruption of the academic process. In these instances, proper procedures shall be put into effect as soon as removal of the student has occurred. Under due process, each student shall be guaranteed a fair hearing, a fair judgment, a written record of the decision, and notice of the right to appeal the decision. The degree of procedural due process afforded in any disciplinary situation shall be dependant upon two factors: (1) the gravity of the offense a student is alleged to have committed; and (2) the severity of the contemplated penalty. For example, a much greater degree of procedural due process shall be applicable in an expulsion situation than in one where the penalty is a short-term suspension. The full protection of procedural due process shall be afforded any student facing possible long-term suspension or expulsion. Ref: U.S. Const. amend. XIII; U.S. Const.
amend. XIV, §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). FILE: JCAB STUDENT SEARCHES The School Board is the exclusive owner of any public school building and any desk or locker utilized by any student contained therein or any other area that may be set aside for the personal use of the students. Any teacher, principal, administrator, or school security guard employed by the School Board, having a reasonable belief that any public school building, desk, locker, area or grounds of any public school contains any weapons, illegal drugs, alcoholic beverages, nitrate based inhalants, stolen goods, or other items the possession of which is prohibited by any law, School Board policy, or school rule, may search such building, desk, locker, area or grounds of said public school. The acceptance and use of locker facilities or the parking of privately owned vehicles on school campuses by students shall constitute consent by the student to the search of such locker facilities or vehicles by authorized school personnel. Any teacher, principal, administrator, or school security guard employed by the School Board, may search the person of a student or his personal effects when based on the attendant circumstances at the time of the search, there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, School Board policy, or a school rule. Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and the nature of the suspected offense. Such factors to be considered in determining the manner in which searches may be conducted are:
Random searches with a metal detector of a student or his personal effects may be conducted at any time, provided such searches are conducted without deliberate touching of the student. Any search of student's person shall be done privately by a teacher, administrator, or security guard of the same sex as the student to be searched. At least one witness who is of the same sex as said student shall be present throughout the search. Detailed documentation shall be made of all searches. If requested, notification of the search shall be sent to the parents of the student involved. Any automobile parked on School Board property by a student may also be searched at any time by school officials who have articulable facts which lead them reasonably to believe that items in violation of state law, School Board policy or school rule are contained therein. If the automobile is locked, the student shall unlock the vehicle. If the student refuses to unlock the vehicle, proper law enforcement authorities shall be summoned and the student shall be subject to disciplinary action. No actions taken pursuant to this policy by any teacher, principal, administrator, or school security guard employed by the School Board shall be taken maliciously or with willful and deliberate intent to harass, embarrass or intimidate any student. Upon proper school personnel confiscating any firearm, bomb, knife, or other implement which could be used as a weapon, or any controlled dangerous substance, the principal or designee shall report the confiscation to the appropriate law enforcement officials. Any implement or material confiscated shall be retained, catalogued, and secured by the principal so as to prevent the destruction, alteration, or disappearance until such time as the implement or material is given to law enforcement personnel for disposal. Any principal or designee failing to report any prohibited weapon or confiscated material or implement to law enforcement personnel or failing to properly secure any weapon or confiscated material or implement shall be subject to appropriate disciplinary action as may be determined by the Superintendent and/or Board. If any teacher, principal, administrator, or school security guard employed by the School Board should be sued for damages by any student, the parent of such student or by any other person on behalf of such student, based upon a search conducted in compliance with this policy, the School Board shall provide such teacher, principal, administrator, or school security guard with a legal defense thereto, including reasonable attorney's fees, investigative costs and other related expenses. In such suit, the School Board shall indemnify him/her fully against said judgment including principal, interest and costs. If in any suit brought against any teacher, principal, administrator, or school security guard employed by the School Board, as stated above, there is a specific finding that the action of the teacher, principal, administrator, or school security guard was malicious and willfully and deliberately intended to harass, embarrass or intimidate the student, the School Board shall not indemnify such teacher, principal, administrator, or school security guard in the event a judgement for damages shall be rendered against him. Whenever any search is conducted pursuant to this policy, a written record shall be made thereof by at least two (2) adult employees of the Board who conducted the search and shall include names of the persons involved, the circumstances leading to the search and the results of the search. Revised: October, 1994 Ref: La. Rev. Stat. Ann. §§17:416, 17:416.3;
New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733. SEARCHES-STUDENT'S PERSON The Board shall authorize teachers, administrators, and school security guards to search the person of a student, either by a random search with a metal detector, or when the teacher, administrator or security guard has reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, a school rule, a school board policy, or possesses a harmful item which may pose a danger to the student or students or to the welfare of the student body. Searches shall be applied consistently and shall be with the knowledge, and under the supervision, of the principal or designee. Any search of student's person shall be done privately by a teacher, administrator, or security guard of the same sex as the student to be searched. At least one witness who is of the same sex as said student shall be present throughout the search. Detailed documentation shall be made of all searches. If requested, notification of the search shall be sent to the parents of the student involved. Random searches shall be conducted at middle and high schools a minimum of twice per school year. The Board shall indemnify and defend in accordance with state law employees who follow this policy and subsequently are involved in litigation as a result of compliance. Revised: December, 1991 Ref: U.S. Const. Amend. IV; U.S. Const. Amend.
XIV, Sec. 1; Moore v. Student Affairs Committee of Troy State University, 284 F.
Supp. 725 (M.D. Ala. 1970); La. Rev. Stat. Ann. §17:416.3; Board minutes,
3-18-97. STUDENT INTERROGATION Police have the responsibility to protect all citizens by enforcing the laws of the community. In this respect, police may visit the school (whether at the invitation of school officials or for reasons of their own) in search of information or in carrying warrants for search and/or arrest. Any law enforcement official entering school premises shall be required to report first to the office of the principal, state his purpose, and produce identification and warrants, if any. A student in school shall not be interrogated by any authority without the knowledge of a school official. It is recommended that parents be notified prior to any search, interrogation, or arrest of a student; and that this notification be documented. Police may search a student or his locker if they have a valid search warrant, or if they have probable cause to believe a student is secreting evidence of an illegal act. Under no circumstances are the rights of students to be abridged. A student questioned by police officers in school shall be entitled to have an adult present in connection with any investigation. If an officer has probable cause for arrest, the student shall be informed of his legal rights. In situations other than routine questioning, the student may request an attorney's advice and/or presence. A student may be released to the custody of persons other than the parent or legal guardian if placed under arrest by legal authority. If the student is removed from the school by legal authority, parents shall be notified of such action by school officials as soon as possible. In the absence of a warrant or probable cause
for suspension, police authorities shall have no right to question students in
the school building or to use the school facilities in connection with official
police work; nor do school officials have any obligation to make students
available to the police. STUDENT SMOKING Students shall not be permitted to have tobacco in their possession or to smoke on the school grounds, or in school facilities during the school day, or at school activities held in school facilities after school hours, or when riding school buses to and from school or a school function away from school. Parental permission to smoke does not exempt a student from this policy. Violations shall subject the student to appropriate disciplinary action. Ref: La. Rev. Stat. Ann. §17:416. FILE: JCDAC STUDENT ALCOHOL AND DRUG USE The Calcasieu Parish School Board is dedicated to providing an age-appropriate, developmentally based drug and alcohol education and prevention program for the students attending public schools. The Board directs that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful. Each student shall be specifically prohibited from being under the influence of, bringing on, consuming, or having in his possession on a school bus, on school premises, or at a school function away from the school, any alcoholic beverages, intoxicating liquors, narcotic drugs, prescription medications, marijuana, nitrate based inhalants, imitation or counterfeit controlled substances, or other controlled substance as defined by state statutes, unless dispensed by a licensed physician as allowed by law. The Superintendent shall be responsible for maintaining appropriate procedures for the detection of alcohol, drugs, or any imitation or other controlled substances. Any student found in violation of the above shall be suspended and recommended for expulsion by the principal. Any violations of criminal laws, state or federal, committed on school property shall be prosecuted as provided by law. School officials, teachers and/or Board employees shall report all violators to the principal, who in turn, shall notify the proper law enforcement agency and shall cooperate with the prosecuting attorney's office in the prosecution of charges. Any student who distributes, sells or dispenses in any manner or form whatsoever a controlled dangerous substance as defined by state law to another student or anyone else while on the school premises shall be expelled pursuant to the provisions and guidelines as set forth in state law. The principal shall immediately notify the parents or guardian, by telephone, of any student found in violation of this policy. If the parents or guardian cannot be reached by phone, the principal shall then notify them of the action by sending a letter within twenty-four (24) hours. Care shall be given to afford due process to all students. A substance abuse prevention education program shall be incorporated in to every school, which shall include a committee or prevention team to investigate, research, and report on instances or reports of possession of controlled dangerous substances or alcoholic beverages. The committee or team shall adequately report its findings and make appropriate recommendations for treatment, counseling or other appropriate action to the principal. Ref: La. Rev. Stat. Ann. §§14:403.1, 17:416,
40:617.1, 40:961 et seq.; Board minutes 4-20-93. SCHOOL BUS CONDUCT The Board directs that the bus driver, together with the principal, shall assume full responsibility for discipline of pupils riding buses. It is the duty of the driver, in case of any infraction of rules by any student, to notify the principal of the school the student attends. If possible, this must be done in person. It is the responsibility of the principal to determine necessary punishment to students violating regulations. If found necessary, the principal may suspend bus privileges. Any parent of a pupil suspended from riding a school bus shall have the right to appeal to the Superintendent, who shall conduct a hearing on the merits of the bus suspension. A pupil damaging a school bus shall be subject to suspension from school. Any pupil suspended for damages to any school bus shall not be readmitted until payment in full has been made for such damage or until his readmittance is directed by the Superintendent. At no time shall the bus operator assume authority for suspending bus privileges or taking disciplinary action. Smoking on school buses by students or operators shall not be permitted. Students shall be notified of all bus regulations. Ref: La. Rev. Stat. Ann. §§17:223, 17:416. FILE: JCDAE DANGEROUS WEAPONS The Board shall authorize the principal of each school to automatically suspend, and recommend expulsion for, any student found in possession of a dangerous weapon on the school grounds, on school buses and/or at any school-sponsored event, at any time, during or after regular school hours, with limited exception. A dangerous weapon means any gas, liquid, or other substance or instrumentality, which in the manner used, is likely to produce death or great bodily harm. When the student is found in possession of a weapon, the Superintendent shall be immediately notified and the principal shall take appropriate disciplinary action. If a student is detained for carrying, or the principal or designee confiscates or seizes a firearm or concealed dangerous weapon from a student while on school property, on a school bus, or at a school function, the principal or school official shall immediately report the detention of the student or seizure of the firearm or weapon to the police department or sheriff's office where the school is located and shall deliver any firearm or weapon seized to that agency. Failure to report the detention of the student
or seizure of a firearm or concealed weapon by a principal or school official to
a law enforcement agency within seventy-two (72) hours may result in a
misdemeanor offense with a fine of up to $500 or a sentence of up to 40 hours of
community service, or both. It is unlawful for a student or nonstudent to intentionally possess a firearm or dangerous weapon on school property at a school sponsored function or within 1000 feet of school property or while on a school bus at any time. The area surrounding the school campus or within 1000 feet of any such school campus, or within a school bus shall be designated firearm free zones. The School Board, in cooperation with local governmental agencies, and the State Department of Education, shall designate and mark firearm free zones which surround all schools and school property. Revised: November, 1989 Ref: La. Rev. Stat. Ann. §§14:2, 14:95,
14:95.2, 14:95.6, 17:416, 17:416.3. DRESS CODE (EFFECTIVE 2002-2003 SCHOOL YEAR) Guidelines for acceptable, normal, good grooming should be taught and enforced in the home by the parents as part of their responsibility in training their children for responsible citizenship. All students are expected to be responsible in their dress and grooming by avoiding extremes and manifesting self-discipline with regards to these regulations. Cooperation of parents is expected. The policy of the Calcasieu Parish School Board shall be that no mode of attire will be considered proper for school wear that distracts or disrupts classroom and school decorum. The Board feels it is the responsibility of each student to use good judgment in one's total appearance so that the attention of others is not distracted from the purpose of school. Cleanliness shall be a basic consideration. For health and safety reasons, students must wear shoes to school. Any substantial complaint concerning the dress code shall be dealt with by the school administration. SCHOOL UNIFORMS Students attending Pre-K-12 schools in Calcasieu Parish shall be required to wear official school uniforms. Uniforms shall be the same for all schools, as follows:
Other Dress Code Regulations:
Principals may declare spirit or club days and allow students to wear school spirit shirts, or dress up days (i.e., when school pictures are scheduled) or allow students to wear other uniforms such as Boy Scouts, Girl Scouts, cheerleaders, band, chorus, etc. Other questions about uniforms should be referred first to the school authorities, then to the central office staff. DISCIPLINE GUIDELINES FOR UNIFORMS All Pre-K – 12 schools in Calcasieu Parish will strive to achieve full compliance of the Dress Code Policy and should resort to disciplinary measures only when positive measures fail. The intent of this policy is not to prevent any student who is not in uniform from attending school. This policy is not intended to suspend or expel a student from class or from school or lower an academic grade as a result of not complying with the School Uniform Policy. The following is a progressive disciplinary plan for students who are considered non-compliant with the Dress Code Policy and who have not been granted an exemption. Elementary:
Middle and High School:
Students shall not be considered in violation of the Dress Code Policy in the following instances:
Parent(s) or guardian(s) may request an exemption from the School Uniform Policy by submitting a written request to the school principal. Exemptions may be granted for religious reasons, medical reasons, or other justifiable reasons.
Revised: June, 1999 Ref: Scott v. Board of Education, 304 N.Y.S. 2d 601 (1969); Darr v Schmidt, 460 F 2d 609 (1972); La. Rev. Stat. Ann. §17:416.7; Board Minutes, 5-4-99, 6-1-99, 2-1-00, 5-7-02, 6-4-02. DEMONSTRATIONS OF STUDENTS It is recognized that individual students or groups of students may, from time to time, feel that certain policies of the School Board are in need of change, or that the administration of such policies is not producing the effect desired by the Board for the education of the students. Such students have a right to express their opinions, in a proper manner, and have the opportunity to discuss any problem with their teachers and principal. It is the duty of the principal to always keep lines of communication open with his students, and to listen to the complaints in a fair and sincere manner. It is the responsibility of the principal to
maintain order at each school. The Superintendent shall be notified of any
incipient unrest in any student body. No disorderly demonstrations, sit-ins,
lock-ins; nor damages to school grounds, school plants, or school records shall
be tolerated. Any type of demonstration that prevents the orderly progress of a
school day, that prevents normal class functions, or that prevents
nonparticipating students from their usual class activity, shall not be
tolerated. Students participating in such demonstrations shall be immediately
suspended and removed from the campus; by force if necessary. Students suspended
shall not be allowed to return to the campus until the suspension is terminated
by the Superintendent. STUDENT-TO-STUDENT SEXUAL HARASSMENT The School Board recognizes that peer sexual harassment is a form of prohibited discrimination and can contribute to an unacceptable educational environment. The Board, therefore, will not tolerate sexual harassment on the part of any student toward another student. Harassment is defined as a gender-based conduct directed because of a student's sex, and as any unwelcome sexual advance, request for sexual favor, and other verbal or physical conduct of a sexual nature when the conduct is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or benefit from the education program, or to alter the conditions of the student's educational environment so as to create a hostile or abusive educational environment. Incidents of sexual harassment may include verbal or written assaults involving phrases with direct or implied sexual meaning; physical harassment such as unnecessary or offensive touching; or visual harassment such as derogatory or offensive posters, pictures, cards, cartoons, graffiti, drawings, looks, or gestures. Harassment does not depend solely upon the perpetrator's intention, but also upon how the targeted person perceives the behavior and is affected by the behavior. Each school shall educate its student population and staff concerning the School Board's intolerance of such harassment and shall require students and staff to report any such behavior to the school administrator. Harassment policy information shall be disseminated to the student population. The information shall be age-appropriate and provided through usual means such as newsletters, school handbooks, or other methods. FORMAL PROCEDURE FOR STUDENT-TO-STUDENT Upon receipt of a complaint of harassment, the school principal or his/her designee will:
All reports received shall be properly and adequately investigated. Appropriate disciplinary action shall be taken when violations of this policy have been determined. The Board shall prohibit retaliation against any employee or student for a complaint made or for participating in an investigation of alleged harassment. Nothing contained in this policy and/or procedure shall restrict or diminish the authority of the Superintendent to suspend or expel students in accordance with the policies of the School Board, state and federal law and applicable regulations. Ref: PL 88-352 (42 U.S.C. 2000e et seq.); 29
CFR §1604.11; La. Rev. Stat. Ann. §§14:41 et seq., 17:81; Board minutes,
8-4-98. FILE: JD DISCIPLINE The School Board recognizes the necessity for reasonable control and discipline over the conduct of pupils under its jurisdiction. Every teacher in the public school system shall endeavor to hold each pupil to a strict accountability for any disorderly conduct in school, or on the playgrounds of the school, on the street or while going to or returning from school, or during intermission or recess. To assist the teacher, the Board shall establish regulations for the use of disciplinary measures within the schools and continually monitor and appraise their usefulness. Principals shall have both the authority and the duty to take disciplinary action whenever the behavior of any pupil(s) materially interferes with or substantially disrupts the maintenance of a proper atmosphere for learning within the classroom or other parts of the school. However, no pupil shall be disciplined in any manner by the School Board or school administrator, teacher, or other school employee for the use of force upon another person when it can be reasonably concluded that the use of such force more probably than not was committed solely for the purpose of preventing a forcible offense against the pupil or a forcible offense provided that the force used must be reasonable and apparently necessary to prevent such offense. A pupil who is the aggressor or who brings on a difficulty cannot claim the right stated above to defend himself. Each teacher may take disciplinary action to correct a pupil who disrupts normal classroom activities, who is disrespectful to a teacher, who willfully disobeys a teacher, who uses abusive or foul language directed at a teacher or another pupil, who violates school rules, or who interferes with an orderly education process. The disciplinary action taken by the teacher shall be in accordance with such regulations and procedures established by the Board. STUDENT REMOVAL FROM CLASSROOM A pupil may be immediately removed from a classroom by the teacher and placed in the custody of the principal or designee if the pupil's behavior prevents the orderly instruction of other pupils, poses an immediate threat to the safety of pupils or the teacher, or when a pupil exhibits disrespectful or threatening behavior toward a teacher. If removed, the student shall not receive credit for school work missed. A pupil removed from class in kindergarten through grade 6 shall not be permitted to return to class for at least thirty (30) minutes unless agreed to by the teacher. A pupil removed from class in grades 7 through 12 shall not be permitted to return to class during the same class period, unless agreed to by the teacher initiating the disciplinary action. Upon the pupil being removed from class and sent to the principal's office, the principal or designee shall conduct a counseling session with the pupil to discuss the particular misconduct. Once removed, the pupil shall not be readmitted to the classroom until the principal has implemented one of the following disciplinary measures:
When a pupil has been removed from a classroom, the teacher may require the parent, tutor, or legal guardian of the pupil to have a conference with the teacher in the presence of the principal or his or her designee before the pupil is readmitted. Upon the pupil's third removal from the same classroom, the teacher and principal shall discuss the pupil's disruptive behavior and contemplated disciplinary measures to be taken before the principal implements such measures. If appropriate, a referral of the matter may be made to the appropriate building level committee. In addition, a conference between the teacher or other appropriate school employee and the pupil's parent, tutor, or legal guardian shall be required prior to the pupil being readmitted. If the disruptive behavior persists, the teacher may request that the principal transfer the pupil into another setting. Whenever a teacher is struck by a pupil, the pupil, in addition to any other discipline given, shall be permanently removed from the teacher's classroom, unless the teacher objects, or unless the principal, with the concurrence of the building level committee, finds the striking incident to be entirely inadvertent. PARENT CONFERENCES In any case where a teacher, principal, or other school employee is authorized to require the parent, tutor, or legal guardian of a pupil 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 his designee, shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction. "Notice" of the conference, specifying the time and date of the conference, shall be given by contacting the parent, tutor, or legal guardian by telephone at the telephone number shown on the pupil's registration card or by sending a certified letter to the address shown on the pupil's registration card. REPORTS TO PRINCIPAL Any teacher or other school employee may report to the principal any pupil who acts in a disorderly manner or is in violation of school rules, or any misconduct or violation of school rules by a pupil who may or may not be known to the teacher or employee. Incidents of alleged discipline violations shall be reported on two (2) forms, one form to report only school transportation-related incidents and one form to report all other incidents. The forms shall be submitted in accordance with procedures outlined by the Board, the Superintendent, and school system personnel. The principal shall review and act upon such information submitted, to determine if suspension or other disciplinary action is necessary. Should the principal fail to act on any report of misconduct or school violat |