FILE: JCAA
DUE PROCESS
The concept of "Procedural Due Process" in regard to the disciplining of students through suspension or expulsion became the law of the land in 1975 by U.S. Supreme Court action. The court ruled that, for every suspension not exceeding ten (10) days, the student has the right to be accorded the minimum requirements of the due process clause of the Fourteenth Amendment of the Constitution of the United States. Due process is afforded to students in disciplinary cases of some magnitude such as (1) suspension, (2) expulsion, (3) statements removed from students' records, and (4) clearing one's reputation. The principles of due process are flexible and the degree of rigidity depends upon the gravity of the penalty which may be imposed. In other words, the degree to which the principles of due process are applied in each case must be decided on by its own set of circumstances. The Louisiana Legislature in 1975 responded to the court ruling by extending to students in the public schools of this state the right to minimum procedural due process prior to any suspension.
The "due process" rights of students and parents as set forth in Louisiana Revised Statute §17:416A are as follows:
Prior to any suspension, the school principal or his designee, shall advise the student in question of the particular misconduct of which he or she is accused as well as the basis for such accusation, and the student shall be given an opportunity at that time to explain his or her version of the facts to the school principal or his designee...
Notice in writing of the suspension and the reason therefor shall be given to the parent or parents of the student suspended. Any parent, tutor or legal guardian of a student suspended shall have the right to appeal to the Parish Superintendent of Schools, who shall conduct a hearing on the merits.
In regard to suspension and "due process," the decision of the Superintendent of Schools is final. However, for expulsions, the due process may continue to a court decision. The student faced with expulsion has the right to appeal the decision of the principal to the Iberville Parish Superintendent who shall conduct a hearing. The parent or tutor of a student has the right to appeal the decision of the Superintendent of Schools to the Iberville Parish School Board for a review of the findings of the Superintendent. The parent or tutor of a student has the right to appeal the decision of the School Board to the district court for the Parish in which the student's school is located. The court may reverse or revise the ruling of the School Board.
Due process is a right, and, just as with any other right, there is a responsibility. To protect this right, it is the student's responsibility to:
Conduct themselves in accordance with established codes of conduct.
Be willing to volunteer information in matters relating to the health, safety, and welfare of the school community and the protection of school property.
To assist the school staff in running a safe school for all students enrolled therein.
All school personnel will follow guidelines outlined in the 1976 Model Handbook provided by the Louisiana Department of Education entitled "Student Rights and Responsibilities."
Adopted: October 23, 1978
Ref: U.S. Constitution, Amend. XIII
U.S. Constitution, Amend. XIV, Sec. 1
La. Rev. Stat. Ann. §17:416
Goss v. Lopez, 95 S.Ct. 729 (1975)
Ingraham v. Wright, 97 S.Ct. 1401 (1977)
Carey v. Piphus, 98 S.Ct. 1042 (1978)
Iberville Parish School Board