JDE-P2, Procedures For Review of Expulsions

In accordance with Louisiana law, a student who has been expelled from the regular school setting may request that the Avoyelles Parish School Board review the expulsion findings. Because of the serious consequences associated with such a disciplinary action, the School Board views this right of review as an integral aspect of the expulsion process. The School Board has assured itself that its expulsion policies and procedures which govern the conduct of the disciplinary proceedings conducted before and by its administrators are fair, just, and comport with the law. Therefore, in order to ensure that the expulsion proceedings before it are also just, expeditious, and fairly conducted, the following procedures adopted by the School Board shall be followed in reviewing a student expulsion.

A review of the evidence presented at the expulsion hearing conducted before the Superintendent, or his/her designee, in accordance with School Board policy. As such, the School Board shall determine whether the conclusions or findings of the Superintendent or his/her designee are based upon substantial evidence, and a fair and impartial recommendation as presented at the administrative expulsion hearing;
Questions or issues presented by the aggrieved party as to whether School Board policy and/or the law governing expulsion proceedings have been followed by the administration; and/or
Whether any disciplinary policy of the School Board has indeed been violated by virtue of the factual findings of the Superintendent, or his/her designee. Consequently, the review by the School Board shall be limited to the record of the expulsion hearing and shall not entail the presentation of evidence or in any other form or fashion be a de novo proceeding.

All parties shall introduce themselves to the Expulsion Review Committee;
The Superintendent, or his/her designee shall inform the Expulsion Review Committee of the course of the administrative proceedings previously conducted, the recommended expulsion, the grounds upon which it is premised, and the basis for which the appeal has been requested by the student and/or his/her legal guardian;
The Superintendent, or his/her designee, shall then advise the Expulsion Review Committee of the specific rule or school policy which the student is accused of violating. Thereafter, the Superintendent, or his/her designee, shall briefly restate to the Expulsion Review Committee the salient factual findings upon which the expulsion recommendation is premised. The sources of the evidence supporting the factual findings shall be disclosed, except that insofar as possible, the names of other students involved in the offense or offenses which has/have led to the expulsion, whether as witnesses, informants, principals, or accomplices, shall not be revealed;
The principal, teacher, or other school employee shall be allowed to address the Expulsion Review Committee on any issue implicated in the proceedings;
Thereafter, the student, or his/her legal guardian (or his/her representative) may respond. This response shall be limited to the parameters set forth in subpart B above. However, the aggrieved student, or anyone acting on his/her behalf, shall not be prohibited from reviewing with the Expulsion Review Committee any evidence offered at the expulsion hearing at the administrative level which may refute or discount the Superintendent's findings and recommendation, or which may mitigate against that recommendation;
Then, the Superintendent, his/her designee, or any principal, teacher, or school employee referred to in subpart C above, may refute any statement, comment, or argument espoused by the student or his/her representative;
The Expulsion Review Committee shall then deliberate on the issues and/or arguments presented during the review proceedings and these deliberations shall not be recorded. The chairperson shall make a recommendation of behalf of the committee to the full School Board at the next regularly scheduled School Board meeting;
The School Board shall then deliberate on the recommendation from the Expulsion Review Committee. These deliberations shall not be recorded; and
The School Board shall vote to affirm, modify or reverse the action and/or recommendation of the Superintendent, or his/her designee, with respect to the expulsion. Any formal vote shall be taken on the review in an open session.

During the review proceedings before the Expulsion Review Committee, the student and his/her legal guardian, or his/her representative, shall not be entitled to present any witnesses or to examine the Superintendent, his/her designee, or any principal, teacher, school employee, or other witness associated with the expulsion. However, at all times during the proceedings, committee members may question the student, or his/her legal guardian, or his/her representative. Furthermore, individual committee members may likewise question the Superintendent, his/her designee, or any teacher or principal who may be involved in the expulsion. Committee members shall be encouraged to question any parties only when deemed necessary to satisfy any uncertainty or to clarify any issue, statement, or fact implicated by the review proceedings. As such, individual committee members should refrain from argumentative questions or statements and not engage in any conversation with any party. Thus, committee members are reminded that their function is limited to a review of the findings of its administrators, and the scope of the review process is confined to the issues set forth in this procedure.