Louisiana does things differently in many respects, from its unique culture to the way it calls a county a parish. Even the way that Louisiana schools discipline students, designate them for alternative education, and administer that education is different from other states.
Guardians in Louisiana must understand how the state disciplines students, and what could happen if their student faces suspension or dismissal. Knowledge of Louisiana statutes and practices is the only way to protect your student's reputation and future.
You may be able to appeal a school or school district's adverse ruling against your student, and experienced Attorney-Advisor Joseph D. Lento and his Student Defense Team can help.
Before taking action, consider these common questions we hear from those whose students are facing discipline and potential alternative education in the Bayou State.
Does the Louisiana Legal Code Authorize a School to Expel or Suspend My Student?
Louisiana Revised Statutes (RS) §416 creates a hierarchy of discipline that starts with the teacher. The statute explicitly grants a teacher the authority to:
- Hold students accountable for behavior “in school or on the playgrounds of the school, on the street or road while going to or returning from school, on any school bus, during intermission or recess, or at any school-sponsored activity or function.”
- Issue oral and written reprimands
- Refer the student to a counselor
- Notify the student's parent(s) of disruptive behavior
- Take any other disciplinary measures that comply with the principal's oversight and school policy
As we review your student's case, we will determine whether authorities (teachers, principals, and their superiors) followed these statutory guidelines in disciplining your student. If they deviated from these mandates, the lack of procedural integrity could be a point of appeal.
The Legal Code Requires Schools to Avoid Removing a Student When Possible
While the aforementioned statute gives fairly broad disciplinary power to teachers and their bosses, the same statute demands that those parties do everything possible to keep a student in the learning environment.
RS §416 is clear in stating that “Schools shall endeavor to prioritize classroom- and school-based interventions in lieu of out-of-school disciplinary removals to address student misconduct in order to minimize the loss of academic instructional time.”
If an authority figure immediately removed your student (perhaps through suspension or dismissal) before exhausting less punitive measures, we may cite this fact in any legal action we take.
On What Grounds Can a Louisiana High School Take Disciplinary Action?
Grounds for discipline can vary on a school-by-school basis, as RS § 416(b)(i) states that teachers may discipline a student “who violates school rules or who interferes with an orderly education process.” Though the statute proceeds to cite specific examples, there is subjectivity in the phrase “interferes with an orderly education process,” and one teacher may see interference differently than another educator.
Our team will examine the circumstances of your student's suspension or expulsion and identify any overzealous discipline a teacher, principal, or other authority figure may have imposed.
What Are Grounds for Suspension from a Louisiana High School?
RS §416(3)(a) states that a principal at a Louisiana high school may suspend a student who:
- Is willfully disobedient
- Shows intentional disrespect towards authority figures
- Makes a baseless allegation against an authority figure
- Uses profanity
- Displays “immoral or vicious” behavior
- Possesses alcohol, drugs, or another controlled substance
- Habitually breaks school rules
- Defaces school property
- Brings a gun, knife, or other weapon to school
- Throws items in a manner that could cause harm
- Fights
- Leaves the school or classroom without permission
- Violates traffic rules or safety regulations
- Is habitually absent or tardy
- Is accused of bullying
- “Commits any other serious offense”
This is a long list of offenses that could warrant a suspension. However, authority figures must consider the unique facts of each case and issue discipline commensurate with the alleged offense.
What Are Grounds for Expulsion from a Louisiana High School?
RS §416 B.(1)(a) notes that a Louisiana high schooler may face expulsion for the same offenses that warrant suspension. School or parish employees may choose to expel a student when the student:
- Has a firearm, knife, or other weapon
- Faces their fourth suspension during a school year
- Commits an offense that leadership determines egregious, or for which suspension does not seem like a sufficient punishment
While suspensions are serious, expulsion is a massive blemish on an academic record. Our team will contest such disciplinary action, seeking a resolution that will not handicap your student's future opportunities.
Alternative Education Is the Channel for Suspended and Expelled Students in Louisiana
RS §416.2. details the “Supervision of suspended or expelled students,” which the state does through alternative education programs.
The statute defines alternative education programs as those “designed to offer variations of traditional instructional programs and strategies for the purpose of increasing the likelihood that students who are unmotivated or unsuccessful in traditional programs or who are disruptive in the traditional school environment remain in school and obtain a high school diploma.”
The thinking is that if a student cannot attend their regular high school due to suspension, expulsion, or other circumstances, they still have a right to work towards their diploma. This is where Louisiana's alternative education programs enter the picture.
What Forms of Alternative Education Exist in Louisiana?
The Louisiana Department of Education (LDOE) notes that the state has 139 alternative education programs and 35 schools dedicated to alternative education. In the documented year, more than 18,000 students were assigned to alternative schools and programs.
As the LDOE's list of 2022-3 Alternative Education Schools shows, there is a wide range of alternative programs in the state. This list ranges from technical and career-focused schools to youth shelters and detention centers, charter schools, and those run by the Office of Juvenile Justice.
There may be little uniformity among these programs, as authorities in the parish generally have autonomy to:
- Appoint leadership in the alternative school
- Determine the school or program's general focus
- Establish the curriculum at the school or program
- Make other pivotal decisions affecting the educational experience (or lack thereof) at a given alternative school or program
RS §416.2.(C) explains that an “alternative education program” may mean:
- Schools designed to mix traditional education with strategies specific to helping students obtain their high school diplomas
- Schools with “highly structured and controlled environments”
- Boot camps
- Police schools
- Court schools
An alternative education program's name or status may not necessarily indicate what the experience is for students in that program. For example, enrollment in a “police school” does not indicate that the student will be treated like a convict—though there is a reasonable expectation of strictness.
The most important consideration is whether your student enrolls in an alternative education program at all. If your student must leave the traditional education tract, they may adopt a stigma of failure, fail to take the alternative education program seriously, and carry this downward trajectory into their future.
Services Afforded to Alternative Education Students in Louisiana
The Louisiana Department of Education writes that “Alternative education (AE) sites should address the unique needs of students through transitional planning and support that provides a consistent and comprehensive process for students to maximize the time spent accessing services.”
Services for students in alternative education programs may include:
- Behavioral interventions for students with social and emotional challenges
- Special academic programs for students who are having difficulty progressing
- Job-search training, especially if a student does not have plans for college
- Vocational training
- Any other reasonable service that could help the student obtain their high school diploma and succeed professionally
Unfortunately, alternative education programs in Louisiana fail to provide the services they're supposed to. Lack of adequate services—or even an environment conducive to learning—is one reason we work to help students avoid alternative education programs altogether.
What Students May Face Alternative Education in Louisiana?
RS §416.2.(D) notes that a Louisiana high schooler may be ordered to complete alternative education if they:
- Have been suspended from their Louisiana high school
- Have been expelled from their Louisiana high school
- Are in the custody of juvenile justice
- Are assigned to a community-based living facility by a court
- Have the legal status of a juvenile delinquent
Suspension and expulsion may be the most common reasons for students to face, and in some cases undergo, alternative education.
What Is the Disciplinary Procedure in Louisiana High Schools That May Lead to Alternative Education?
Louisiana Revised Statutes §416 outlines the discipline of Louisiana high school students, including actions that may lead to placement in an alternative education program.
We have established that a school principal must notify the student and their guardian in writing before suspending or expelling the student. The statute notes that, if a student is expelled (which means removal from school for one semester or more), the student will be assigned to an alternative education setting.
Louisiana statutes largely grant power to principals and their superiors to decide what types of discipline a student must undergo. The statutes themselves also provide clear reasons to suspend or expel a student, such as:
- If the student commits a serious offense (like having a firearm or narcotics in school) and there is evidence proving the student committed the alleged offense
- If the student commits repeated infractions that violate statutory guidelines (such as repeated fighting with other students or faculty members)
However, even with statutes and educational leaders having say in the disciplinary process, every Louisiana high schooler has a right to due process.
Our team will exercise every option for defending your student, including suspension hearings, expulsion hearings, and appeals.
Louisiana Officials Have Taken Criticism for Relegating Students to Alternative Education without Due Cause
A report from the Louisiana Department of Education (LDOE) criticized the manner in which Louisiana educational employees handle discipline in schools. Among other criticisms, a committee of principles, counselors, and superintendents alleged that:
- Students assigned to Louisiana's alternative education programs “rarely” receive adequate social, educational, emotional, or behavioral attention or services—in other words, these programs ignore the root causes of suspension or expulsion
- Alternative education students receive little face-to-face interaction with teachers
- Alternative education programs lack technology you would find in traditional schools (computers, tablets, scientific instruments)
- Students are expelled or suspended from their home schools for relatively minor infractions, leading to overcrowding in alternative education programs
- Certain groups face disproportionate discipline in Louisiana high schools
In sum, the report characterizes Louisiana's alternative education programs as a way for educators to rid themselves of challenging students they'd rather not deal with. This is not the true purpose of alternative education programs, which should be an absolute last resort reserved for students who have exhausted every other means of help.
This report underscores the importance of hiring a trustworthy attorney-advisor to defend your student from hasty, heavy-handed discipline. Attorney-Advisor Joseph Lento and his Student Defense Team will ensure the fair handling of your student's case, and will fight for the best possible outcome.
Is It Possible for My Student Who Has Been Suspended or Expelled to Avoid Alternative Education in Louisiana?
If your student is facing suspension or expulsion (or has already suffered these punishments), the goal is to help them avoid placement in an alternative education program.
Exercising Your Student's Rights Is the First Step in Avoiding Alternative Education Placement
RS §17:416 A.(1)(b)(i) (p.43) details principals' responsibility to provide due process before suspending a student. Louisiana high schoolers (and their guardians) have the same right to due process when a principal or their designee is considering expulsion.
Rights that you or your student must exercise include:
- Remaining silent: The statute notes that a student “shall be given an opportunity…to explain his version of the facts to the school principal” when faced with a disciplinary situation. Advise your student not to say anything, as young people are often prone to misspeak, and a single misspoken word or sentence could appear as an admission of wrongdoing.
- Having a guardian accompany the student to disciplinary meetings: Students do not always exercise the restraint or caution they should. As a guardian, you have a right to protect your student in person, and you should exercise that right.
- Demanding written copies of allegations against the student: Requiring the principal or other educators to provide clear, written records of alleged reasons for discipline may help our case. These records may prove to be fabricated, insufficient reason for discipline, or otherwise flawed.
- Demanding specifics: You should demand the exact dates and times of any incidents of alleged misconduct. If a school, district, or parish is threatening serious disciplinary action against your student, the least they should do is provide specifics.
- Retaining an attorney-advisor: Joseph Lento and his Student Defense Team are experienced in protecting students from harmful outcomes. For most, having to attend an alternative education program in Louisiana is a harmful outcome.
Our team will advise and protect you and your student throughout the process ahead.
Disciplinary Measures a Principal May Impose Instead of Alternative Education
RS § 416 lists several measures a principal can take instead of suspending or expelling a student, let alone relegating them to an alternative education program. Our team will work to enact one of these measures in favor of alternative education placement.
Alternate forms of discipline include:
- Referring the student to the counselor (either once or for ongoing counseling)
- Mediation with peers
- Restorative justice (atoning for any misconduct)
- Loss of certain privileges, perhaps including clubs or sports
- Detention
- In-school suspension
- Out-of-school suspension (though we typically try to help students avoid any form of suspension, a suspension is preferable to expulsion)
The statute also notes that a principal can impose “Any other disciplinary measure authorized by the principal with the concurrence of the teacher or the school building level committee.”
There is substantial leeway for a principal to discipline a student without kicking them out of school, and your student deserves to receive fair, proportionate sanctions for any misconduct they have committed.
Can I Appeal a Ruling That My Child Must Undergo Alternative Education?
Yes, you can appeal both suspension and expulsion orders that may lead to placement in an alternative education program.
RS §17:416 states explicitly that “Any parent, tutor or legal guardian of a pupil suspended shall have the right to appeal to the city or parish superintendent of schools or his designee, who shall conduct a hearing on the merits.”
The statute also states the right of a student or guardian to appeal an expulsion order. Considering that suspension and expulsion are the two precursors to placement in an alternative education setting, these rights to appeal are pivotal.
How to Appeal
The district court in the parish where your student's school is located will hear your appeal. You must generally file this appeal within ten days of an order of suspension or dismissal, so it is critical that you act quickly to retain an effective attorney-advisor from our team.
How Attorney-Advisor Joseph D. Lento and His Alternative School Defense Team Can Seek the Best Possible Outcome for Your Student
Defending students is what we do. Our firm can take several actions aimed at helping your student avoid placement in a Louisiana alternative education program, including:
- Investigating the incident(s) that have prompted the disciplinary process: We must first determine whether your student faces credible allegations of misconduct or not. Even if the student engaged in misconduct, we sometimes find that accusers exaggerate or misrepresent details of the case. We will complete an independent investigation to determine exactly what happened (or did not happen).
- Accompanying you and your student to interviews, meetings, hearings, and other proceedings (when permitted): Depending on when you retain us, we'll be able to accompany you and your student to various meetings throughout the disciplinary process. If permitted, we will communicate with investigators, administrators, and others involved in the process. This will protect your student's rights.
- Negotiating directly with school representatives: Once we complete the initial stages of the disciplinary process, we'll seek resolutions that do not involve placement in an alternative education program. We may negotiate with a principal, superintendent, or other parties who can resolve your student's disciplinary issue.
- Negotiating with legal counsel for the school or parish: One of our firm's primary values is our familiarity with negotiating with other lawyers. Schools and parishes throughout Louisiana have lawyers, and those lawyers may be able to negotiate specific instances of student discipline. If necessary, we will approach the school's Office of General Counsel (OGC) seeking a resolution to your student's case.
- Advising you about any offers the school extends: If and when we receive offers to resolve your student's case, we will review them with you.
You will have the ultimate say over whether we accept a resolution or continue fighting. Our team will provide honest, experience-based insight about whether the proposed discipline is fair, and whether the benefits of continuing to fight outweigh the potential risks.
Based on all the information we provide, you can make an informed decision in your student's interests.
We Will Lead the Appeals Process for You
If we need to appeal an order of suspension, expulsion, or assignment to an alternative education program, the Lento Law Firm will lead that process. We will have your appeal ready and will submit that appeal to the appropriate court in the proper parish.
Call the Lento Law Firm Today to Discuss How We Can Help Your Student in Louisiana
Fighting for a student's reputation and future can be the fight of your life. Accept the help of a capable, experienced Student Defense Team in the Lento Law Firm. We offer support and crucial services that could prove the difference between your student suffering in an alternative education program or returning to their home school.
Call the Lento Law Firm today at 888-535-3686 or contact us online to discuss your case.
