La. R.S. 17:416 governs school discipline in Louisiana. It sets out the reasons for which public schools may discipline students, the types of disciplinary consequences schools may assign and the procedural requirements that schools must follow. Each school district then creates its own disciplinary code and policies, which must be consistent with La. R.S. 17:416. While the statute outlines numerous offenses that can result in suspensions and expulsions, school districts have the leeway to enact policies that proscribe additional behaviors.

Importantly, schools can only discipline students for behavior that occurs in school, on the street or road while going to or returning from school, on a school bus, or at a school-sponsored activity or function.1  Schools cannot discipline students for off-campus behavior that is unrelated to school.

• 1See La. R.S. 17:416(A)(1)(a).

Under La. R.S. 17:416, a student may be suspended from school or the school bus for any of the following offenses: willful disobedience; intentional disrespect or false charges made against a school employee; using profane language; tobacco, alcohol, or drug use, unless of a prescribed drug with evidence of a prescription; disturbing the school or habitually violating any rule; defacing school property; writing profanity or obscenity; carrying firearms, knives, or any other weapons, unless for school use; throwing missiles; fighting; violating safety and traffic rules; leaving school grounds, class, or detention without permission; habitual tardiness or absences; bullying; or any other serious offense.1  Note that La. R.S. 17:416 explicitly prohibits the discipline of a student for reasonable self-defense.2

For all out-of-school suspensions, the student must be advised of the “particular misconduct of which he is accused as well as the basis for such accusation.”3  The student must also be “given an opportunity at that time to explain his version of the facts to the school principal or his designee.”4  Additionally, the school must contact the parent/legal guardian of the student by telephone, electronic communication, or mail and give notice of the suspension, the reasons for the suspension, and the date and time for a conference with the principal (or designee) as a requirement for readmitting the student.5  The parent is required to attend the conference for the student to be readmitted to school, and failure to attend the conference can result in truancy charges against the parent.6  The parent has the right to appeal the suspension to the district superintendent (or designee) who will conduct a hearing on the merits and whose decision is final.7

Importantly, any “student who is suspended for ten days or fewer shall be assigned school work missed while he is suspended and shall receive the same credit originally available for such work if it is completed satisfactorily and timely as determined by the principal or his designee, upon the recommendation of the student's teacher.”8

• 1See La. R.S. 17:416(A)(3)(a).
• 2See La. R.S. 17:416(H) (“[N]o student shall be disciplined in any manner . . . 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 student or a forcible offense provided that the force used must be reasonable and apparently necessary to prevent such offense.”).
• 3La. R.S. 17:416(A)(3)(b)(i).
• 4Id. There is an exception where a student can be immediately removed from the school premises with the benefits of these due process protections where the student’s presence at the school poses a continued danger to any person or property or an ongoing threat of disruption to the academic process. However, the necessary procedure must be provided as soon as practicable following the student’s removal. Id.
• 5Id.
• 6Id.
• 7La. R.S. 17:416(A)(3)(c).
• 8La. R.S. 17:416(A)(3)(e).

Under La. R.S. 17:416, a student may be recommended for expulsion for any of the same offenses for which a suspension is authorized.1  However, the statute provides that “expulsions shall be reserved for the major tier of behavioral infractions involving weapons or drugs, or when the safety of students and staff has been put in jeopardy.”2  In fact, expulsion must be recommended for any student who possesses a firearm, a knife with a blade longer than 2 inches, or another dangerous weapon, or who possesses, distributes, sells, gives, or loans any controlled dangerous substance.3  Additionally, a student may be expelled upon the vote of two-thirds of the elected members of the school board upon conviction of a felony or incarceration in a juvenile institution for an act which would have constituted a felony had it been committed by an adult.4

When a student is recommended for expulsion, the student will be suspended from school until the expulsion hearing.5  During this time, the student must be provided with access to classwork and the opportunity to earn academic credit.6  Upon removal from school, the student is entitled to all the same due process protections provided for out-of-school suspensions, including notice of the charges and the opportunity to explain.7  Likewise, the school must contact the parent/legal guardian of the student to give notice of the expulsion and the reasons for it.8  For expulsions, this notice must be made by certified letter.9

The expulsion hearing must be held by the superintendent (or designee) within 15 school days “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.”10  The school must provide written notice of the hearing to the student and the parent/legal guardian advising them of their rights.11  The student has the right to be represented by any person at the hearing.12  If the student is found to have committed conduct warranting expulsion, the superintendent (or designee) will then determine whether to expel the student or take other corrective or disciplinary action.13

Any student who is expelled or suspended for longer than 10 days must be provided with academic instruction at an alternative setting.14  Work must be assigned by a certified teacher and aligned with the curriculum used at the school from which the student was suspended or expelled.15  If it is completed satisfactorily and timely, the student must receive credit.

The parent or legal guardian of the student who has been recommended for expulsion has 5 days to appeal the decision; if the parent does not appeal, the superintendent’s decision is final.16  To appeal, the parent must submit a request to the school board to review the findings of the superintendent (or designee).17  The school board may affirm, modify, or reverse the expulsion decision.18  If the parent does not appeal the decision within that time, the superintendent’s decision is final. Each school district must include information in its code of conduct about its appeal process.19

A parent also has the right to appeal any unfavorable expulsion decision by the school board to the district court for the parish in which the student’s school is located.20  This appeal must be filed within 10 school days of the school board’s decision.21

• 1La. R.S. 17:416(B)(1)(a).
• 2La. R.S. 17:416(M).
• 3La. R.S. 17:416(B)(1)(b)(i).
• 4La. R.S. 17:416(D).
• 5La. R.S. 17:416(C)(1).
• 6Id.
• 7La. R.S. 17:416(A)(3)(b)(i).
• 8Id.
• 9Id.
• 10La. R.S. 17:416(C)(1).
• 11Id.
• 12Id.
• 13Id.
• 14Id.
• 15La. R.S. 17:416(A)(3)(e). If the student is enrolled in a special curriculum (e.g., a language immersion program, an arts intensive program, etc.), another potential argument against expulsion might be the unavailability of that curriculum in the alternative setting.
• 16La. R.S. 17:416(C)(4).
• 17Id.
• 18Id.
• 19Id.
• 20La. R.S. 17:416(C)(5)(a).
• 21Id. Note that attorneys’ fees may be available in state court if the court rules for the student and finds that “any school official acted in a grossly negligent manner; with deliberate disregard for the consequences of his actions to the student; with willful or malicious indifference; with intent to deprive the student, his parent, guardian, or tutor of due process; or initiated a charge that is knowingly false.” La. R.S. 17:416(C)(5)(b).

Every school district and charter school has its own discipline policies, typically outlined in a “Student Handbook” or “Student Code of Conduct.” These documents specify the offenses for which students can be disciplined and the type(s) of discipline that can be imposed for each type of offense. Many districts use a tiered system of discipline in which escalating severity of offenses corresponds to an escalating severity of suggested interventions or types of discipline. The district policies also lay out the specific procedures and timelines that schools must follow when disciplining students. These are often more detailed and sometimes more stringent and thus favorable to the student than the minimum provided under La. R.S. 17:416. The district codes of conduct should be available online on the district or charter school website.

Orleans Parish has a unique disciplinary system. Each New Orleans charter school is responsible for creating its own policies with regard to suspensions and other disciplinary alternatives. However, the expulsion process for all schools is centralized through NOLA Public Schools. NOLA Public Schools outlines the offenses for which a student can be expelled and the exact process that the charter school must use in order to recommend a student for expulsion.1  If the charter school meets its procedural obligations, then a NOLA Public Schools Hearing Officer will decide the matter in accordance with the district policies.

• 1See Student Hearing Office Manual, NOLA Pub. Schs. (Mar. 26, 2019).