8.3.3 Expulsions

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).