District, State, and Federal Guidelines
Fines and Fees
St. Bernard Parish Public Schools (SBPSB) is dedicated to providing a wide variety of educational opportunities to enrich and engage students throughout the learning cycle.
SBPSB ensures that fees associated with enrichment activities, consumables, courses, or services which exceed or extend the basic curriculum or constitute personal use or benefit, shall be used for the designated purpose, and may not exceed the reasonable cost for the goods or services.
Report cards and other academic records cannot be withheld for failure to pay a fee, pursuant to LA R.S. 17:112 (C); however, parents may be required to pick up the report card and other academic records on school property.
SBPSB will disseminate information to parents using the school websites, parent meetings, and student handbooks with regard to:
- descriptions of student fees,
- dollar amounts of student fees,
- process for payments, and
- deadlines for payments.
Should an economic hardship impact an ability to pay, please contact the school principal to apply for a hardship waiver.
MEDICATIONS ADMINISTERED AT SCHOOL
If a child requires medication of any kind during school hours, parents (legal guardians) should contact the student’s school to obtain a medication form and do the following:
- Obtain medication form from the school.
- Complete Parent/Legal Guardian side of form.
- Have physician complete the Physician's side of form.
- Parent (legal guardian) must bring the medication and the medication card to the school. The student may not bring the medication, card, or refills to school.
- Bring the completed form and medication (in the prescription bottle from the pharmacy labeled with dosage and time to be given at school) to the student’s school. Please call the school before coming to make sure a school nurse is on campus and would be available to accept the medication(s).
- Meet with the nurse at the student’s school so that they can determine if (a) the medication is properly labeled; (b) the proper medication forms are complete; and (c) the medication policy is understood.
- If there are any changes in medication such as type, dosage, time, or physician, a new form must be completed.
- Medication orders must be renewed every school year. Previous orders expire on June 30th of each new school year.
COMMUNICABLE DISEASES/MEDICAL DISORDERS
According to the regulations of the Department of Health & Hospitals for the State of Louisiana, students or employees having the following communicable diseases or medical disorders shall be excluded from school until the following restrictions are met:
Chickenpox: Until all lesions of the skin have healed or upon submission of a physician's certificate to return.
Diphtheria: Until a physician issues a certificate to return.
Hepatitis: (Jaundice) Until a physician issues a certificate to return.
Impetigo: (Indian Fire) Until all lesions are healed or upon submission of a physician's certificate to return.
Meningitis:Until a physician issues a certificate to return.
Mononucleosis:Until a physician issues a certificate to return.
Mumps:Until a physician issues a certificate to return.
Pediculosis:Until satisfactory evidence of treatment is presented or upon submission of a physician’s certificate to return.
Pink Eye: Until eye or eyes are completely cleared or upon submission of a physician’s certificate or until a physician issues a certificate to return.
Poliomyelitis:Until a physician issues a certificate to return.
Ringworm: (Scalp or Body)Until ringworm disappears or upon submission of a physician's certificate to return.
Rubeola: (Red Measles) Until a physician issues a certificate to return.
Rubella: (German Measles): Until a physician issues a certificate to return.
Scabies: (Itch): Until satisfactory evidence of treatment is presented or upon submission of a physician’s certificate to return.
Scarlet Fever: Until a physician issues a certificate to return.
Staph Infections: Until a physician issues a certificate to return.
Strep Throat: Until a physician issues a certificate to return.
Tuberculosis: Until a physician issues a certificate to return.
Infections: (Colds, Influenza): Until severe nausea, vomiting, diarrhea, etc., subsides and/or temperature is below 100 degrees.
Whooping Cough: Until a physician issues a Certificate to return.
Boils or any lesion with pus: Until all lesions of the skin have healed or upon submission of a physician's certificate to return.
Head Lice: Until student is effectively treated and all nits are removed from the hair; students must be accompanied by a parent/guardian for inspection and re-admission.
Poison Ivy/Oak:*Until all lesions of the skin are "dry" or upon submission of a physician's certificate to return.
*Note: Considered communicable only if lesions are oozing fluid.
Suspicious Rashes:Until skin is clear or upon submission of physician's certificate to return.
Vomiting, diarrhea, nausea: Until symptoms subside.
Fever: If a student’s temperature is 100.0° (F) orally or 99.0° (F) axillary, (s)he must be excluded from class, and the school will notify the parent to pick up his/her child from school. It is generally recommended that a student remain at home for a minimum of 24 hours after his/her temperature returns to normal.
Some infections are transmitted when an infected person’s blood or body secretions come into contact with another individual. If the student has exhibited vomiting, severe and/or uncontrollable nose bleeding, diarrhea, or has soiled their clothing, it is the responsibility of the parent (legal guardian) to pick up their child immediately. The child may return to school when the condition subsides.
School Registration Policy
When registering their children for school, parents (legal guardians) must provide the following information:
- Proof of residence – Parents (legal guardians) must submit the following documents:
- If you own your current home, a copy of your Homestead Exemption notification.
- If you rent or if you are living with someone that is renting, original lease or rental agreement with the names of each person living at that residence listed on the agreement including the landlord’s name and telephone number.
- If you own a home, rent, or reside with someone, the following documents are required:
- Original, current Entergy bill indicating the point of service AND any 3 of the following 5 documents:
- Original “Bill of Sale”
- Original, current water bill indicating address. Deposit receipt is NOT acceptable.
- Original, current Atmos gas bill indicating address. Deposit receipt is NOT acceptable.
- Original, current Medicaid/Medicare card and eligibility letter with St. Bernard address. Louisiana Driver’s License with the current St. Bernard address. Louisiana I.D. is NOT acceptable.
- Original, current Entergy bill indicating the point of service AND any 3 of the following 5 documents:
- A certified copy of the child’s birth certificate (long form);
- Report card from previous school;
- Custody papers - Divorced parents or legal guardians must present the most recent original copy of the custody judgment with appropriate signatures and seal so that a copy may be placed in the school file;
- Immunization records - A physician’s or Health Department’s verification must be submitted for the following required immunizations:
- Diphtheria, tetanus, and pertussis booster - At least one booster after age 4;
- Polio booster - At least one booster should be received after age 4;
- Rubeola or red measles inoculation - At least one booster should be received after age 4, or record of the child having had the disease;
- Rubella or German measles inoculation - or record of having had the disease;
- Mumps inoculation - or record of having had the disease;
- Hemophiles influenza (HIB) - required by age 5;
- Social Security card (for the student) - to be copied and returned to the parent (legal guardian).
- All parents (legal guardians) must complete a McKinney-Vento Homeless survey form during registration. (Qualification for being considered homeless is outlined on page 35).
If the above records are not available at this time, parents (legal guardians) should register their children and submit all required records within 15 days. Assignment of a student to a classroom will be delayed until all records are in proper order. Persons desiring information concerning the school which their children will attend should contact the School Board Office, (504)301-2000.
Any other questions concerning registration should be directed to the individual schools.
McKinney-Vento Homeless Procedures
The McKinney-Vento Homeless Assistance Act defines the term “homeless person” as one who lacks a fixed, regular, and adequate nighttime residence. This includes, but not limited to, families that have lost housing and live in shelters or transitional housing, motels, on the streets, in cars, abandoned buildings, or campgrounds, or students who have been abandoned and are awaiting foster care. The School District, through its Title I grant, is able to provide support services to assist homeless children with enrollment in school. To determine eligibility, please contact:
Ms. Deborah Seibert, Homeless Liaison
St. Bernard Parish School Board
200 East St. Bernard Highway
Chalmette, LA 70043
Telephone - (504)301-2000
State/Federal Guidelines Regarding Availability of Student’s Records
The No Child Left Behind Act (NCLB) of 2001 amended the Protection of Pupil Rights Amendment (PPRA) to require that each local education agency (LEA) fulfill their obligations under PPRA and under the Family Educational Rights and Privacy Act (FERPA) to take special care to ensure all privacy rights of students and complete compliance with the legal requirements governing those records.
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
According to FERPA, parents/guardians and/or eligible students (those that are 18 years of age or older) have the right to:
- Inspect and review the education records within 45 days of the day the School receives a written request for access;
- Request an amendment of education records that are believed to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA;
- Consent to disclosures of personally identifiable information contained, except to the extent that FERPA authorizes disclosure without consent; and
- File a complaint with the U. S. Department of Education concerning alleged failures by the St. Bernard Parish School Board to comply with the requirements of FERPA at the following:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5920
Procedure for Inspection of Records
To inspect a student’s record, all requests must be in writing and sent to:
Mr. Tommie Powell, Supervisor of Child Welfare
St. Bernard Parish School Board
200 East St. Bernard Highway
Chalmette, LA 70043
Telephone – (504)301-2000
Amendments to a Student’s Record
If, after an inspection to a student’s record by a parent (legal guardian), or eligible student, the person inspecting said record believes that the educational record contains information that is inaccurate, misleading, or is otherwise in violation of the student’s privacy rights, an amendment to clarify that discrepancy may be requested. This request must be submitted in writing to the Superintendent of the St. Bernard Parish School Board at the address listed above for review. This request must clearly identify the part of the record that should be amended and specify why it should be changed. All disagreements and/or proposed amendments will be resolved informally, if possible, either by the Superintendent/designee. Only the Superintendent can authorize such a necessary change in the educational record of a student.
If the requested change/amendment is not approved, the parent (legal guardian), or eligible student may request a hearing on the matter. This request for a hearing must be submitted in writing to the Superintendent of the St. Bernard Parish School Board at the address listed above. This request must be received within thirty (30) days after the date of the notification denying the initial request for the amendment.
The right to challenge the educational record is not a grade grievance mechanism, and there is no right to a hearing regarding a matter of grade dispute. In the matter of a grade dispute, the matter is directed to the school principal, and the decision of the principal is final.
Information Disclosures without Consent
The School may release information from a student’s record without consent when the disclosure meets those approved conditions set forth under the FERPA regulations. An official having access to a student’s record is:
- A person employed by the School Board as a supervisor, an administrator, an academic/research or support staff member (including all health or medical staff), and law enforcement unit personnel;
- Any elected School Board member;
- Any person or company employed or under contract with the School Board to perform any special educational assignment for the School Board instead of using its own employees or officials (such as an attorney, auditor, medical consultant, or therapist); and/or
- Any parent (legal guardian) or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
Upon request, the school discloses education records without consent to officials of another school, school district, or institution of post-secondary education where the student has interest to enroll. All transfers of student records will include grades, attendance, and current disciplinary information (if requested). If the student was ever expelled, information such as the date of the expulsion and the reason for the expulsion would be included.
The School may also disclose education records or information from those records without consent to state and local law enforcement officials and/or other officials within the juvenile system acting in an official capacity in accordance to state law.
Notice and Consent/Opt-Out for Specific Activities
The Protection of Pupil Rights Amendment (PPRA), 20 U,S.C. 1232h, requires the school district to notify the parent(s)/legal guardian(s) and obtain consent or allow parent(s)/legal guardian(s) to opt their child out of participating in certain school activities. These activities include any student survey, analysis, or evaluation that concerns one or more of the following areas (“protected information surveys”):
- Political affiliations or beliefs of the student or student’s parent (legal guardian);
- Mental or psychological problems of the student or student’s family;
- Sex behavior or attitudes;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom respondents have close family relationships;
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, or beliefs of the student, or parents (legal guardians); or
- Income, other than as required by law to determine specific educational program eligibility. This requirement also applies to the collection, disclosure or use of student information for marketing purposes (“marketing surveys”), and certain physical exams and screenings.
Disclosure of Directory Information
According to current FERPA regulations, information designated as “directory information” may be disclosed without consent. The following has been designated as “directory information”:
- Student’s name, address, telephone listing;
- Student’s date and place of birth;
- Student’s grade level, school, dates of attendance, major field of study;
- Student’s previous schools (if any), most recent educational agency or institution attended;
- Student’s photograph;
- Student’s electronic mailing address;
- Student’s participation in extra-curricular activities, degrees, honors, and rewards received;
- Parent’s (legal guardian’s) name, address, telephone listing;
- Weight and height of athletic team members; and/or
- Participation in official school recognized activities and sports.
A parent (legal guardian) and eligible student, however, may limit directory information disclosure or opt-out entirely and not release any directory information to outside groups or individuals who do not have a direct relation to the school. Some of these outside groups or individuals include:
- Clothing retailers for uniforms, prom/formal wear;
- Driving schools;
- Higher education institutions;
- Project Graduation;
- Scholarship programs/recruiting agencies;
- Summer, cheerleading, dance camps;
- Marketing programs;
- Non-profit organizations (Boy Scouts, Girl Scouts, local recreation’s athletic clubs, local churches); or
- Parent (legal guardian) organizations.
A parent/legal guardian and eligible student may also limit directory information disclosure or opt-out entirely and not release any directory information to outside groups that have a relationship to school-sponsored functions. Some of these include:
- A playbill showing a student’s role in a drama production;
- The annual yearbook;
- Honor roll or other recognition lists;
- Graduation program; and/or
- Sports activity sheets (such as a football program showing height and weight of team members).
If a parent/legal guardian or eligible student would prefer to have directory information excluded from the directory data, except as provided by law, he/she may complete the “Disclosure of Directory Information” form. This form is located directly behind the Table of Contents of this Guide to Student Conduct and must be completed within the first two (2) weeks of the beginning of school or within the first two (2) weeks of the official entry of the student at his/her school. This form must be completed and presented to the principal of the student’s school for each academic year.
The full text of the FERPA regulations can be found at 20 U.S.C. 1232g. The implementing regulations concerning FERPA can be found at 34 CFR 99.1 through 99.67.
Various Other Federal Statues Affecting Educational Records
Since the tragedy of September 11, 2001, various federal laws have been enacted to revise portions of FERPA such as the No Child Left Behind Act, the USA Patriot Act, and the Protection of Pupil Rights Act. Our school district complies with all state and federal privacy and educational record laws. Copies of these statues, their implementation regulations, and other information concerning parent (legal guardian) and student rights can be obtained from the Board by written request to:
Mr. Tommie Powell
St. Bernard Parish School Board
200 East St. Bernard Highway
Chalmette, LA 70043
Telephone – (504)301-2000
PUBLIC INFORMATION/COMMUNICATIONS RELEASES
Since the school system is a vital and integral part of the community, keeping the public informed about the educational progress of the school, any accomplishments, awards, etc., students (pictures, comments, etc.) are sometimes included in the school information that is distributed to the public via the news media. Periodically, interviews, video recordings, broadcasting events and activities, newspaper articles containing photographs, and voice recording of students are used. The school web site and the local television system are also used to highlight many student activities and educational achievements. In order to continue to promote our educational accomplishments, each parent (legal guardian) is asked to sign and return to the student’s school the “Public Information/ Communications Release” form on Page ii of this document to permit such participation by your child. Permission for this is sought for all students because they are our lifeline to the public even if the parents (legal guardians) have chosen not to limit the release of student directory information.
Student Access to the Internet Computer Network
Possible Risks Involved in Student Use of the Internet Computer Network
- There is the possibility that material which some students, parents (legal guardians), or teachers may find controversial, offensive, objectionable, pornographic or otherwise inappropriate for minors, may be present or otherwise available on the Internet.
- Some services on the Internet could be considered offensive, and students must take responsibility for their own actions in navigating the network.
- It is virtually impossible to prevent students from getting undesirable materials while preserving the student’ status as a full member of the Internet community.
- The school board policy cannot formalize precise limits upon a student’s access. Rather, it is the student’s responsibility to follow standards set by their parents (legal guardians).
Student Responsibilities in Internet Usage
- Students have a responsibility to use appropriate language when using the internet. The School Board will not tolerate a student’s use of profanity or obscenity on the Internet, and the use of such inappropriate language on the Internet may result in school disciplinary action and the student losing internet privileges.
- As community members, students must respect the rights of others in both the local community and on the internet at large. Offensive, obscene, harassing, abusive or inflammatory language, pictures, or materials, and/or personal attacks are unacceptable uses of the internet, and students who engage in such communications on the internet may be subject to school disciplinary action and/or loss of internet privileges.
- Students have the responsibility to follow copyright laws and rules, and must respect all copyright issues regarding software, information, and attributions of ownership in their exercise of internet privileges. A student’s failure to do so may result in school disciplinary action, the loss of internet privileges, and/or prosecution under applicable state and federal law.
- Students must recognize the privacy rights of others, and refrain from re-posting personal communications without the original author’s prior consent. Failure to do so may result in school disciplinary action and/or the student’s loss of internet privileges.
- Students may use the internet only for legal activities. A student who engages in illegal activities, including but not limited to tampering with computer hardware or software, computer piracy, hacking, unauthorized entry into computers or knowledgeable vandalism or destruction of computer files will be subject to school disciplinary action, lose internet privileges, and may be prosecuted for criminal violations under applicable state and/or federal law.
- Students are responsible for avoiding the knowing or inadvertent spread of computer viruses. Deliberate attempts to degrade or disrupt system performance by spreading computer viruses are considered criminal activity under state and federal law. A student who engages in such activity will be subject to school disciplinary action, lose internet privileges, and may be prosecuted for criminal violations under applicable state or federal law.
- A student must accept full responsibility for usage of his or her account. A student’s failure to fulfill this responsibility by giving his or her password to another may result in school disciplinary action and/or the loss of internet privileges.
- A student must take responsibility for his or her own messages, actions and words on the internet. Failure to fulfill these responsibilities may result in school disciplinary action and/or loss of internet privileges.
- Students have the responsibility to display exemplary behavior when using the internet, and must conduct themselves as representatives of both their respective schools and the community as a whole. Failure to fulfill this responsibility may result in school disciplinary action and/or loss of internet privileges.
Louisiana State Statutes
BULLYING, CYBER BULLYING, INTIMIDATION, HARASSMENT, AND HAZING (File: JCDAF; CF: JCEA)
The St. Bernard Parish School Board is committed to maintaining a safe, orderly, positive learning environment so that no student feels threatened while in school or participating in school-related activities. Therefore, all statement or actions of bullying, intimidating, threatening, harassing, or hazing made on campus, at school-sponsored activities, on school buses or at school bus stops and all statements or actions of cyber bullying will not be tolerated. All students, teachers, and other school employees shall take responsible measures within the scope of their individual authority to prevent violations of this policy.
Bullying, cyber bullying, intimidation, and harassment shall mean any intentional gesture, name-calling, threats, taunting, malicious teasing, spreading untrue rumors, or purposeful shunning or excluding from activities, or written, electronic, verbal, pictorial, or physical act that a reasonable person under the circumstances should know will have the effect of harming a student or damaging his/her property or placing a student in reasonable fear of harm and is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student. Cyber bullying includes the harassment, intimidation, or bullying of a student by another using a computer, mobile phone, or other interactive or digital technology. It may also include an image or a statement or actions or other communications of bullying, intimidating, threatening, harassing, or hazing posted to social network sites or blogs.
Hazing shall mean any knowing behavior, whether by commission or omission, of any student to encourage, direct, order, or participate in any activity which subjects another student, or possible bystanders, to potential physical, mental, or psychological harm for the purpose of initiation or admission into, affiliation with, continued membership in, or acceptance by existing members of any organization or extracurricular activity at a school, whether such behavior is planned or occurs on or off school property, including any school bus or school bus stop. Hazing does not mean any adult-directed and school-sanctioned program, practice or event, or military training program.
Any solicitation to engage in hazing, and the aiding and abetting another person who engages in hazing shall be prohibited. The consent, stated or implied, of the hazing victim shall not be a defense in determining disciplinary action.
Any student who believes he or she has been the victim of bullying, cyber bullying, intimidation, harassment or hazing by a student, teacher, administrator or other person engaged in school activities is encouraged to immediately report the alleged acts to the principal or any school district official. Students making false reports shall be subject to disciplinary action.
Any teacher, administrator, or other school employee who receives notice that a student has or may have been the victim of bullying, cyber bullying, intimidation, harassment, or hazing at any school activity shall immediately report the alleged acts to the principal. Retaliation against any person who reports such an incident is expressly prohibited.
The principal or his/her designee shall immediately investigate all reports involving alleged bullying, cyber bullying, intimidation, harassment, or hazing of students. Investigations may consist of personal interviews with the complainant, the individual or individuals against whom the complaint is made, witnesses, or any other person who may have knowledge of the alleged incident or circumstances leading to or giving rise to the complaint. Investigations shall be completed as soon as practicable, and a determination made as to whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.
When the investigation determines that the alleged conduct appears to be in violation of this policy, disciplinary action shall be taken as outlined in the district’s Guide to Student Conduct. The principal/designee shall contact the parent or legal guardian of the pupil being disciplined for alleged misconduct to notify them of the disciplinary action. Appeal of disciplinary action may be in accordance with those procedures outlined in the Guide to Student Conduct. Whenever the act or conduct determined to be a violation of this policy may also constitute a violation of state or federal criminal statute, the appropriate law enforcement office shall be notified.
Ref: La. Rev. Stat. Ann. 17:183, 17:416, 17:416.13 Adopted: May 24, 2005; Revised: May 25, 2010; Revised: May 22, 2012
DISCIPLINE OF PUPILS, SUSPENSION, EXPULSION
In accordance with Louisiana State Statutes, the disciplinary policies and procedures shall be strictly enforced by the St. Bernard Parish School Board. The following are excerpts from R.S. 17:416:
- (l)(a) Every teacher and other school employee shall endeavor to hold every pupil to a strict accountability for any disorderly conduct in school or on the playgrounds of the school, on the street or road while going to or returning from school, on any school bus, during intermission or recess, or at any school-sponsored activity or function.
- (3)(a) A school principal may suspend from school or suspend from riding on any school bus any pupil who:
(i) Is guilty of willful disobedience.
(ii) Treats a teacher, principal, superintendent, member, or employee of the local school board with intentional disrespect.
(iii) Makes against any one of them an unfounded charge.
(iv) Uses unchaste or profane language.
(v) Is guilty of immoral or vicious practices, or of conduct or habits injurious to his associates.
(vi) Uses tobacco or who possesses alcoholic beverages or any controlled dangerous substance governed by the Uniform Controlled
Dangerous Substances Law, in any form, in school buildings, on school grounds, or on school buses owned by, contracted to, or jointly owned by any city or parish school board.
(vii) Disturbs the school and habitually violates any rule.
(viii) Cuts, defaces, or injures any part of public school buildings, any property belonging to the buildings, or any school buses owned by,
contracted to, or jointly owned by any city or parish school board.
(ix) Writes any profane or obscene language or draws obscene pictures in or on any school material or on any public school premises,
or on any fence, pole, sidewalk, or building on the way to or from school, or on any school bus including those owned by,
contracted to, or jointly owned by any city or parish school board.
(x) Is found carrying firearms, knives, or other implements which can be used as weapons, the careless use of which might inflict harm
(xi) Throws missiles liable to injure other persons on the school grounds or while on any school bus, including those owned by, contracted to, or
jointly owned by any city or parish school board.
(xii) Instigates or participates in fights while under school supervision;
(xiii) Violates traffic and safety regulations.
(xiv) Leaves the school premises without permission.
(xv) Leaves his classroom during class hours or detention without permission.
(xvi) Is habitually tardy or absent.
(xvii) Has engaged in bullying.
(xviii) Commits any other serious offense.
(b)(i) Prior to any suspension, the school principal, or his designee, shall advise the pupil in question of the particular misconduct of which he is accused as well as the basis for such accusation, and the pupil shall be given an opportunity at that time to explain his version of the facts to the school principal or his designee. In each case of suspension or expulsion the school principal, shall contact by telephone at the number shown on the pupil’s registration card or send a certified letter at the address shown on the pupil’s registration card to the parent, tutor, or legal guardian of the pupil in question giving notice of the suspension or expulsion, the reasons there for and establishing a date and time for a conference with the principal or his designee as a requirement for readmitting the pupil provided that in the case of expulsion, the contact with the parent or legal guardian shall include a certified letter. If the parent, tutor, or legal guardian fails to attend the required conference within five school days of mailing the certified letter or other contact with the parent, the truancy laws become effective. On not 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 student. On any subsequent occasions in the same year, the pupil shall not be readmitted unless the parent, tutor, or legal guardian, court, or other appointed representative responds. A pupil whose presence in or about a school poses a continued danger to any person or property or an ongoing threat of disruption to the academic process shall be immediately removed from the school premises without the benefit of the procedure described hereinabove: however, the necessary procedure shall follow as soon as possible.
(ii)(aa) In any case where a teacher, principal, or other school employee is authorized in this Section 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 his designee, shall file a complaint with a court exercising juvenile jurisdiction, pursuant to Children's Code Article 730(8) and 731. The principal may file a complaint pursuant to Children's Code Article 730(1) or any other applicable ground when, in his judgment, doing so is in the best interests of the pupil.
(bb) The principal, assistant principal, or child attendance and welfare supervisor or his assistant of any school, public or nonpublic, shall be a representative of an agency having the responsibility or ability to supply services to a family as that phrase is used in Children's Code Article 731(A).
(c) Any parent, tutor or legal guardian of a pupil suspended shall have the right to appeal to the city or parish superintendent of schools or his designee, who shall conduct a hearing on the merits. The decision of the superintendent of schools on the merits of the case, as well as the term of suspension, shall be final, reserving to the superintendent of schools the right to remit any portion of the time of suspension.
(d) A pupil suspended for damages to any property belonging to the school system or to property contracted to the school system shall not be readmitted until payment in full has been made for such damage or until directed by the superintendent of schools. If the property damaged is a school bus owned by, contracted to, or jointly owned by any parish or city school board, a pupil suspended for such damage shall not be permitted to enter or ride any school bus until payment in full has been made for such damage or until directed by the superintendent of schools.
(e) A pupil who is suspended for ten days or fewer shall be assigned school work missed while he is suspended and shall receive either partial or full credit for such work if it is completed satisfactorily and timely as determined by the principal or his designee, upon the recommendation of the pupil’s teacher. A pupil who is suspended for more than ten days, or is expelled and receives educational services at an alternative school site, shall be assigned work by a certified teacher and shall receive credit for school work if it is completed satisfactorily and timely as determined by the teacher. Such work shall be aligned with the curriculum used at the school from which the pupil was suspended or expelled.
(f) When a pupil is suspended for a second time within one school year, the principal may require that a counseling session be held with the parent and pupil by the school counselor if a counselor is assigned or available to that school. In the event there is no school counselor available, the principal may require a conference between the parent, pupil, and all the pupil's teachers and the principal or other administrator.
B.(1)(a) Any student, after being suspended for committing any of the offenses enumerated in this Section, may be expelled upon recommendation by the principal of the public school in which said student is enrolled, which recommended expulsion shall be subject to the provisions of Subsection C.
(2) Any pupil after being suspended on three occasions for committing any of the offenses enumerated in this Subsection or Subsection C of this Section, during the same school year, shall, upon committing the fourth such offense, be expelled from the public schools of the city, parish or other local public school system wherein he resided until the beginning of the next regular school year and the pupil=s reinstatement shall be subject to the review and approval of the local school board.
(3)(a)(i) No student who has been expelled pursuant to the provisions of this Section shall be admitted to any public school in any other parish or city school system in the state except upon the review and approval of the school board of the school system to which he seeks admittance.
- (1) Upon the recommendation by a principal for the expulsion of any student as authorized by the Subsection (B) hereof, a hearing shall be conducted by the superintendent or by any other person designated to do so by the superintendent to determine the facts of the case and make a finding of whether or not the student is guilty of conduct warranting a recommendation of expulsion. Upon the conclusion of the hearing and upon a finding that the student is guilty of conduct warranting expulsion, the superintendent or his designee shall determine whether such student shall be expelled from the school system or if other corrective or disciplinary action shall be taken. At said hearing the principal or teacher concerned may be represented by any person appointed by the superintendent. The concerned teacher shall be permitted to attend such hearing and shall be permitted to present information the teacher believes relevant. Until such hearing takes place the student shall remain suspended from the school. At such hearing the student may be represented by a person of his choice.
(2)(a)(i) Notwithstanding the provisions of Subsection B of this Section, any student, sixteen years of age or older, found guilty of being in possession of a firearm on school property, on a school bus, or in actual possession at a school sponsored event, pursuant to a hearing as provided for by Paragraph (1) of this Subsection, shall be expelled from school for a minimum period of four complete school semesters, and shall be referred to the district attorney for appropriate action. However, the superintendent of a city, parish, or other local public school system may modify the length of such minimum expulsion requirements on a case-by-case basis, provided such modification is in writing.
(ii) Notwithstanding the provisions of Subsection (B) of the Section, any student, sixteen years of age or older, found guilty of possession of, or knowledge of 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 pursuant to a hearing as provided for by paragraph (1) of this Subsection shall be expelled from school for a minimum period of four complete school semesters.
(b)(i) Any student who is under sixteen years of age and in grades six through twelve and who is found guilty of being in possession of a firearm on school property, on a school bus, or in actual possession at a school sponsored event, pursuant to a hearing as provided for by Paragraph (1) of this Subsection, shall be expelled from school for a minimum period of four complete semesters and shall be referred to the district attorney for appropriate action. However, the superintendent of a city, parish, or local public school system may modify the length of such minimum expulsion requirement on a case-by-case basis, provided such modification is in writing.
(ii) Any student who is under sixteen years of age and in grades six through twelve and who is found guilty of possession of, or knowledge of 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 pursuant to a hearing as provided for by Paragraph (1) of this Subsection shall be expelled from school for a minimum period of two complete school semesters.
(c)(i) Any case involving a student in kindergarten through grade five found guilty of being in possession of a firearm on school property, on a school bus, or in actual possession at a school sponsored event, pursuant to a hearing as provided for by Paragraph (1) of this Subsection, shall be expelled from school for a minimum period of two complete semesters and shall be referred to the district attorney for appropriate action. However, the superintendent of a city, parish, or other local public system may modify the length of such minimum expulsion requirement on a case-by-case basis, provided such modification is in writing.
(ii) Any case involving a student in kindergarten through grade five found guilty of possession of, or knowledge of 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 pursuant to a hearing as provided for by Paragraph (1) of the Subsection shall be referred to the city, parish, or other local public school board where the student attends school through a recommendation for action from the superintendent.
(4) The parent or tutor of the pupil may, within five days after the decision is rendered, request the city or parish school board to review the findings of the Superintendent or his designee at a time set by the school board; otherwise, the decision of the Superintendent shall be final. If requested, as herein provided, and after reviewing the findings of the superintendent or his designee, the school board may affirm, modify or reverse the action previously taken.
(5) The parent or tutor of the pupil may, within ten days appeal to the district court for the parish in which the student's school is located, from an adverse ruling of the school board in upholding the action of the superintendent or his designee. The court may reverse or revise the ruling of the school board upon a finding that the ruling of the board as based on an absence of any relevant evidence in support thereof.
D.(1) The conviction of any student of a felony or the incarceration of any student in a juvenile institution for an act which had it been committed by an adult would have constituted a felony, may be cause for expulsion of the student for a period of time as determined by the board. The expulsion shall require the vote of two thirds of the elected members of the school board.
Student Sexual Harassment (File: JCEA; Cf: GAEAA)
The St. Bernard Parish School Board shall require any student complaint about another student engaging in sexual harassment reported to a teacher or counselor to be immediately reported to the principal. The principal is responsible for investigating the complaint. The right to confidentiality, both of the complaining student and of the accused student shall be respected. The principal shall inform the Superintendent of the complaint and may request assistance from the Superintendent or his/her designee in investigating student-student sexual harassment. If the act or acts involve possible criminal conduct, the appropriate police authorities should be notified. A substantiated charge against a student shall subject that student to disciplinary action, including suspension or expulsion.
If the victim of the alleged sexual harassment is a minor student and if the alleged harassment falls within the definition of abuse as found in Board's policy JGCE, Child Abuse and Neglect, then all school employees with knowledge shall be considered mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and the Board policy on child abuse. Such reporting must be made in addition to any procedures for handling sexual harassment complaints.
Student complaints about an employee shall be handled as provided in policy GAEAA, Sexual Harassment.
This policy applies to all employees and volunteers, to the elected members of the School Board, and to all students of the St. Bernard Parish Schools. It applies at school, school sponsored events, and in situations which are related to the school.
Complaints of sexual harassment which take place at school or at a school related function or arising out of the school setting should be made to the principal of the school. If the parent/legal guardian is not satisfied with the decision of the principal, they may ask for a review of the principal’s decision by contacting:
Mr. Tommie Powell
Child Welfare/Compliance Officer
St. Bernard Parish School Board
200 E. St. Bernard Highway
Chalmette, LA 70043
Telephone: (504) 301-2000
Should the claim be brought against the principal of the school, that complaint should be brought directly to the Superintendent or his/her designee.
After notification of the complaint, a confidential investigation will immediately be initiated to gather all facts about the complaint. After the investigation has been completed, a determination will be made regarding the resolution of the case. If warranted, disciplinary action will be taken up to and including involuntary termination of an employee and/or expulsion of a student. Any disciplinary action regarding an employee will be placed in the employee's personnel file which will reflect the action taken and the grounds therefore. Any disciplinary action taken in regard to a student will be maintained as any other student disciplinary violation.
Retaliation against any employee or student who brings sexual harassment charges or who assists in investigating such charges shall be prohibited. Any employee or student bringing a sexual harassment complaint or assisting in the investigation of such a complaint will not be adversely affected, discriminated against or punished because of the complaint.
Adopted: May, 2006
TEACHER BILL OF RIGHTS (R.S. 17:416.18)
- Respecting the authority of teachers is essential to creating an environment conducive to learning, effective instruction in the classroom, and proper administration of city, parish, and other local public schools. To maintain and protect that authority, it is important that teachers, administrators, parents and students are fully informed of the various rights conferred upon teachers pursuant to this Section, which are:
- A teacher has right to teach free from the fear of frivolous lawsuits, including the right to qualified immunity and to a legal defense, and to indemnification by the employing school board, pursuant to R.S. 17:416.1(C), 416.4, 416.5, and 416.11, for actions taken in the performance of duties of the teacher’s employment.
- A teacher has the right to appropriately discipline students in accordance with R.S. 17:223 and 416 through 416.16 and any city, parish, or other local public school board regulation.
- A teacher has the right to remove any persistently disruptive student from his classroom when the student’s behavior prevents the orderly instruction of other students or when the student displays impudent or defiant behavior and to place the student in the custody of the principal or his designee pursuant to R.S. 17:416(A)(1)(c).
- A teacher has the right to have his or her professional judgment and discretion respected by school and district administrators in any disciplinary action taken by the teacher in accordance with school and district policy and with R.S. 17:416(A)(1)(c).
- A teacher has the right to teach in a safe, secure, and orderly environment that is conducive to learning and free from recognized dangers or hazards that are causing or likely to cause serious injury in accordance with R.S. 17:416.9 and 416.16.A teacher has the right to be treated with civility and respect as provided in R.S. 17:416.12.
- A teacher has the right to communicate with and to request the participation of parents in appropriate student disciplinary decisions pursuant to R.S. 17:235.1 and 416(A).
- A teacher has the right to be free from excessively burdensome disciplinary paperwork.
- A beginning teacher has the right to receive leadership and support in accordance with R.S. 17:388.1, including the assignment of a qualified, experienced mentor who commits to helping him become a competent, confident professional in the classroom and offers support and assistance as needed to meet performance standards and professional expectations.
- No city, parish, or other local public school board shall establish policies that prevent teachers from exercising the rights provided in this section or in any other provision included in R.S. 17:416 through 416.16.
- The provisions of this Section shall not be construed to supersede any other state law, State Board of Elementary and Secondary Education policy, or city, parish, or other local public school board policy enacted or adopted relative to the discipline of students.
- Each city, parish, or other local public school board shall provide a copy of this Section to all teachers at the beginning of each school year. Each such school board also shall post a copy of the rights provided in this Section in a prominent place in every school and administrative building it operates and provide such a copy to parents or legal guardians of all children attending such schools in a form and manner approved by the school board. Each city, parish, or other local public school board and every school under its jurisdiction that maintains an Internet website shall post on such website a copy of the Teacher Bill of Rights required by this Section.
EMPLOYEE USE OF ELECTRONIC COMMUNICATIONS WITH STUDENTS (FILE: GAMIA)
In accordance with ACT 214 of the 2009 Louisiana Legislature, the St. Bernard Parish School Board has adopted policies and procedures that direct electronic communications between staff members and students. School Board policy, adopted 27, 2009, prohibits electronic communications initiated by employees to students that are not solely for school-related purposes. Additionally, staff members are required to notify their principals of any electronic communications to them initiated by their students. Principals have been advised to contact parents if student-initiated communications are not intended to be for an educational purpose. For additional information regarding this policy, parents and students are welcome to contact the school principal.
STUDENT USE OF ELECTRONIC TELECOMMUNICATION DEVICES (FILE: JCDAE)
It is the intention of the St. Bernard Parish School Board to provide for students safe, nurturing, learning environments that are free from outside distractions. Wireless devices used by students to communicate with others inhibit the establishment of a proper learning environment and can be used to violate others’ privacy rights. Therefore, in accordance with state law, R.S.17:239, students will be prohibited from the use of any electronic telecommunication device while on school grounds for any purpose or when traveling on any school bus. This includes the use of such devices to tape images or sound recordings that are in violation of law or otherwise invade the privacy of other individuals. Wireless devices, under this policy, include, but are not limited to cellular phones, camera phones, beepers, pagers, text messaging devices and PDA’s used as telecommunication devices. The policy shall be strictly enforced in favor of protecting the privacy of all individuals, and students violating this policy shall be subject to disciplinary action.
Specifically, R.S. 17:239 provides the prohibition against unauthorized use of electronic telecommunication devices, exceptions to that provision, and penalties for violation of the law. No student, unless authorized by the school principal or his designee, shall use or operate any electronic telecommunications device including any facsimile system, radio paging service, mobile telephone service, intercom, or electro-mechanical paging system in any public school building or on the grounds thereof or in any school bus used to transport public school students. A violation of this provision of the law may be grounds for disciplinary action by the school system, including but not limited to suspension from school. Additionally, the administrator has the right to collect the device and hold it for a period of time to be determined by the administrator until it is returned to the parent (legal guardian). Nothing in this law affects the conduct of law enforcement activities including the use of electronic devices, dogs or other means of conducting searches for weapons, drugs, or other contraband in whatever manner is otherwise permitted by law and consistent with local school board policy. Nothing in this law shall prohibit the use and operation by any person, including students, of any electronic telecommunications device described herein in the event of an emergency which may result in the loss of life, injury, or property damage.
SUSPENSION OF DRIVER’S LICENSE
Principals, in accordance with LA R.S. 32:431, may, after consultation with the Superintendent, notify the La. Department of Public Safety and Corrections, Office of Motor Vehicles, of any student between the ages of 15-18 who has been suspended or expelled from school for ten (10) or more consecutive school days or has been assigned to an alternative educational setting for ten (10) or more days for:
- Infractions involving the sale or possession of alcohol, drugs, or any other illegal substance;
- The possession of a firearm; or
- An infraction involving assault or battery on a member of the school staff.
The Office of Motor Vehicles will suspend for one year the licenses of such students in accordance with the provisions of state law. The term license also includes a class “E” learner’s license and intermediate license.
Equal Opportunity Provisions
The St. Bernard Parish School Board adheres to the equal opportunity provisions of federal civil rights laws and regulations that are applicable to this agency. Therefore, no one will be discriminated against on the basis of race, color, national origin (Title VI of the Civil Rights Act of 1964); Sex (Title IX of the Education Amendments of 1972); disability (Section 504 of the Rehabilitation Act of 1973); or age (Age Discrimination Act of 1975) in attaining educational goals and objectives and in the administration of personnel policies and procedures. Anyone with questions regarding this policy may contact Mr. Tommie Powell, Supervisor, at (504) 301-2000, 200 East St. Bernard Highway, Chalmette, LA 70043.
The St. Bernard Parish School Board seeks to provide to all of its students and employees equal opportunities without regard to race, color, national origin, age, disabilities, veteran status, or gender. The Board further seeks to provide a safe learning and work environment acknowledging the worth and dignity of each individual. To that end, the Board expressly prohibits discrimination and/or sexual harassment prohibited by federal law.
Inquiries concerning the above may be directed to the Director of the Office for Civil Rights, Department of Health, Education and Welfare, Washington, D.C. 20201, or inquiries concerning Title IX of the 1977 Education Amendments may be directed to Mr. Tommie Powell at (504) 301-2000; inquiries concerning Section 504 of the Rehabilitation Act of 1973 may be directed to Mrs. Cheramie Kerth at (504) 301-2000; or, inquiries concerning sexual harassment may be directed to Mr. Tommie Powell at (504) 301-2000.