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Suspended in Louisiana? Your hearing, your appeal, and the bullying clock

Louisiana law gives students a chance to explain before any out-of-school suspension, a hearing within 15 school days before an expulsion, and a 10-school-day deadline for bullying investigations.

作者 Ian Massaro

Founder and President of KidsKnowRights7 分鐘閱讀

等待法律專業人士審閱

主題:Louisianaschool disciplinebullyingstate law

本文提供的是一般教育資訊,並不是針對個人的法律意見。KidsKnowRights 不是律師事務所,閱讀本文亦不會建立律師與當事人關係。法律因州份、年齡及情況而異,並會隨時間改變。如需就真實情況取得意見,請諮詢持牌律師或法律援助機構。

本頁全文尚未翻譯,因此以下以英文顯示。上方的摘要、標籤及安全資訊已經翻譯。

A 14-year-old in Shreveport is sent to the principal's office after a fight in the cafeteria. By the end of the day, there is talk of suspension. Louisiana has a detailed statute on this moment, R.S. 17:416, and it sets out steps the school has to follow. Louisiana law also requires most children to be in school from age five through eighteen, unless they graduate first, so these rules reach nearly every student in the state.

Before a suspension: you get to tell your side

Before any out-of-school suspension, alternative placement, or expulsion, Louisiana law says the principal must tell the student what misconduct they are accused of and the basis for the accusation, and give the student a chance to explain. This matches the federal floor. In Goss v. Lopez (1975), the U.S. Supreme Court ruled that a public school must give a student notice of the charges and a chance to tell their side before a suspension of up to 10 days.

The school must also contact a parent by phone, electronic message, or certified letter, with the reasons and a time for a conference with the principal. For an expulsion, that contact must include a certified letter. A parent can appeal a suspension to the local superintendent, who holds a hearing on the merits.

Missed work matters too. A student suspended for 10 days or fewer gets the missed assignments and the same credit if the work is done on time.

Expulsion: a hearing, then two levels of review

When a principal recommends expulsion, the superintendent or a designee must hold a hearing within 15 school days. The family gets written notice of the hearing and of their rights. The student may be represented by any person they choose, and until the hearing the student stays suspended but keeps access to classwork. A student expelled or suspended for more than 10 days must get instruction at an alternative site.

After the hearing, a parent has five days to ask the local school board to review the decision. After the board rules, a parent has 10 school days to appeal to the district court for the parish (Louisiana's word for a county). Both rights exist even if the expulsion is reduced to a suspension.

The youngest students have one extra protection. A student in prekindergarten through grade five cannot be suspended or expelled for a uniform violation that is not tied to willful disregard of school policy.

Bullying and hair: what Louisiana adds

Louisiana's bullying law, R.S. 17:416.14, defines bullying as a pattern of acts such as threats, taunting, spreading untrue rumors, hitting, or repeated shunning, including by text or social media. Once a report is properly made, the school must start investigating the next school day and finish within 10 school days. The school must notify each involved student's parent, and a student can never be the one who delivers that notice.

Louisiana also passed a CROWN Act (Act 529 of 2022). It says no one can be refused admission to or excluded from a public school because of a natural, protective, or cultural hairstyle, such as afros, locs, braids, twists, or Bantu knots.

What to do if the school does not act

重要

Put a bullying report in writing and keep a copy with the date. If the school district does not take timely and effective action, the bullying law lets a student, parent, or school employee report the incident directly to the Louisiana Department of Education, which tracks those reports by district. If four or more reports of separate incidents go uninvestigated, a parent can ask the superintendent for a transfer to another school in the district.

For a suspension or expulsion, ask for the hearing and the appeal in writing, and watch the deadlines: five days for school board review, then 10 school days for district court. Your district's code of conduct must explain its appeal process, so ask the school office for it.

記住這些

  • Before any out-of-school suspension in Louisiana, the principal must tell you the accusation and let you explain.
  • An expulsion needs a hearing within 15 school days, and a parent can seek school board review within five days and then go to district court.
  • A school must start a bullying investigation the next school day and finish it within 10 school days.
  • If the district does not act on bullying, you can report it to the Louisiana Department of Education.

資料來源

本文提供的是一般教育資訊,並不是針對個人的法律意見。KidsKnowRights 不是律師事務所,閱讀本文亦不會建立律師與當事人關係。法律因州份、年齡及情況而異,並會隨時間改變。如需就真實情況取得意見,請諮詢持牌律師或法律援助機構。