FILE: JCAA
DUE PROCESS
The Iberia Parish School Board mandates that all students shall be treated fairly and honestly in resolving grievances, complaints, or in the consideration of any suspension or expulsion. Due process shall be defined as fair and reasonable approaches to all areas of student grievance and discipline on the part of all school officials in order not to arbitrarily deny a student the benefits of the instructional process.
Due process requires, at a minimum, the school administration to impose fundamentally fair procedures to determine whether misconduct or other improper action has occurred before any disciplinary action may be taken by the school administration, except in the case of imminent danger or disruption of the academic process. In these instances, proper procedures shall be put into effect as soon as removal of the student has occurred.
Under due process, each student shall be guaranteed a fair hearing, a fair judgment, a written record of the decision, and notice of the right to appeal the decision. The degree of procedural due process afforded in any disciplinary situation shall be dependant upon two factors: (1) the gravity of the offense a student is alleged to have committed; and (2) the severity of the contemplated penalty.
PROCEDURES
Due process involving student suspension or expulsion shall include:
Written disciplinary notice to parents prior to a hearing. Notice
shall include a specific statement of the charges which, if proved,
would justify the punishment sought.
A full hearing following notice.
The right to have present at the hearing the student’s parent(s)
or guardian(s) (or their designee) and to be represented by lay or
legal counsel of the student’s choice. Private attorney
fees shall be borne by the student.
The right to produce, and have produced, witnesses on the student’s
behalf and to confront and examine all witnesses.
The right of the student to produce evidence on his/her behalf.
Access by all parties to a record of the proceedings.
The right to administrative review and appeal.
The right to have allegations of misconduct and information pertaining thereto removed from the student’s school record in the event the student is found not guilty of the charges.
Due process procedures for disabled/exceptional students are recognized as those found in state and federal law.
Ref: U.S. Constitution, Amend. XIII
U.S. Constitution, Amend. XIV, Sec. 1
La. Rev. Stat. Ann. §17:416
Ingraham v. Wright, 97 S.Ct. 1401 (1977)
Goss v. Lopez, 95 S.Ct. 729 (1975)
Carey v. Piphus, 98 S.Ct. 1042 (1978)
Iberia Parish School Board