Schools in Louisiana rely on federal and state law to create their codes of conduct to ensure an academic environment free from disruption, and they also have a grievance process to manage misconduct. While school districts develop a framework to discipline students, they are obliged to have slightly different processes or accommodations for students with disabilities to promote equitable outcomes. However, provisions of the code of conduct are not always guaranteed. Sometimes, high schools, colleges, and universities fail to enforce rules or remain unaware of legal requirements, putting students with disabilities at risk of unfair punishment.
Under the best circumstances, students defending against disciplinary action face a significant challenge—not to mention when they aren't given the necessary support. Parents may not know where to turn for help, but fortunately, no student must face misconduct allegations alone.
When you or your student child is threatened with disciplinary action, the Lento Law Firm's Student Defense Team stands ready to help. Our nationwide team has the skills to defend students with disabilities in Louisiana high school, college, and university grievance procedures. Get an early start on a beneficial defense strategy or allow us to negotiate with the institution's Office of General Counsel (OGC) to broker a resolution before formal procedures. Call the Lento Law Firm Student Defense Team at 888-535-3686 or visit us online.
Can Your High School Discipline You if You Have a Disability?
The U.S. government guarantees a free and appropriate education (FAPE) for every student, and subsequently, students with disabilities are granted reasonable accommodations to meet educational requirements. Two of the leading laws protecting these provisions are the following:
- Individuals with Disabilities Education Act (IDEA): This act supports students' right to receive special education services designed to meet their unique learning challenges and prepare them for graduation, further education, employment, and independent living.
- Section 504 of the Rehabilitation Act: A precursor to IDEA, it was designed to prevent discrimination against students with disabilities in programs that receive federal financial assistance.
Although students with disabilities enjoy protections from the above laws, it is the job of Louisiana's school districts—under the direction of the Louisiana Department of Education (LDOE)—to carry them out in the educational environment. Through IDEA Part B, LDOE provisions will remain with a student until they graduate or age out at 21.
Reasonable accommodations—like physical aids and devices, alternative testing methods, and classroom modifications—aren't limited to academics. Students with disabilities will have access to adjustments during the disciplinary process.
High School Code of Conduct Violations
Each school district in Louisiana has jurisdiction over its students. Although each takes its lead from the LDOE in creating a code of conduct, they may differ slightly by institution. Nevertheless, each form of misconduct is typically categorized into one of the following:
- Academic misconduct
- Non-academic or behavioral misconduct
- Sexual misconduct
- Title IX violations
Academic misconduct is traditionally anything that gives a student an unfair advantage over others, with cheating and plagiarism often the most common types. Still, depending on the school district, others may be prohibited, such as unauthorized collaboration or falsification of academic data or information. While seemingly straightforward, students with specific learning or communication disabilities may have trouble interpreting academic integrity rules. As well, even with accommodations, attempting to follow various regulations may place a burden on the student, leading to involuntary misconduct.
Non-academic misconduct includes disruptions to the daily flow of the educational process that are not directly related to academics and are primarily reserved for managing behavioral infractions. Unfortunately, a student's disability can manifest itself in ways that can be perceived as misconduct. For instance, a student's response to sensory overload or discomfort from unmet needs at school can quickly lead to disciplinary action.
Often grouped, sexual misconduct and Title IX violations are some of the most severe code of conduct violations. Sexual misconduct surrounds inappropriate touching or exposure that does not directly involve a civil rights violation. Title IX manages the following infractions, including but not limited to:
- Bullying
- Discrimination
- Harassment
Any misconduct that exhibits bias or unfair treatment against a race, gender, sexuality, or disability is handled differently—typically with a school's Title IX Coordinator managing the allegations. Some students with disabilities can be more susceptible to false accusations because of their differences in social skills or behavior. For example, Individuals may act out forms of bullying or harassment because they've been subjected to them and are socially confused. Likewise, students with social disabilities may not fully comprehend the nature of intimacy and appropriate dating actions.
Manifestation Determination Review
Part of IDEA's purview is to identify disabilities in students. When schools seek to manage misconduct, part of the process involves verifying whether the student's disability was a reason by conducting a manifestation determination review, typically referred to as a student evaluation. In Louisiana, a public expense evaluation is provided at no cost to the parent or guardian, which must be completed within 60 business days of receiving parental consent. However, students may also receive an independent education evaluation4, wherein a non-school employee conducts the review.
The evaluation aims to determine whether the student may need an individualized education plan (IEP) to remain aligned with FAPE. An IEP is an educational blueprint developed to meet specific and unique needs of students with disabilities through special education services. Parents and their student children are given written notice before an IEP meeting, which must include the following:
- One or both parents or guardians
- At least one regular education teacher
- At least one special education teacher
- A qualified school district representative
- An individual to interpret the implications of evaluation results
If appropriate, IEP meetings may include other individuals with knowledge or proficiency regarding the student and the student themselves. Parents and school district personnel may also conduct a review of a student who may be showing evidence of an unrecorded disability. During the meeting, the IEP team will examine and analyze the following factors:
- The student's information, such as functional behavioral assessments, behavioral intervention plans, previous disciplinary accounts, and relevant medical reports.
- Whether the allegations are directly related to the student's disability.
- Whether the allegations directly result from the school's failure to implement an IEP.
If the misconduct was caused by an undiagnosed disability or an inadequate IEP, the student will move forward with resolving the issue with new or further accommodations in an updated IEP. However, if the IEP finds that the regular classroom setting cannot facilitate FAPE, they may move to carry out a disciplinary change in placement.
Disciplinary Change in Placement
When students are better served and rehabilitated outside of the normal classroom setting or when suspended for ten consecutive days, the IEP team may advocate for an alternative educational program. This can be temporary enrollment in the state's special school district.
Louisiana's special school district includes 17 statewide program sites that support students with disabilities and other needs that accommodations in traditional learning environments cannot meet. After the student returns to their normal education environment with a new or modified IEP, they will receive, as appropriate, further services designed to address the previous violations and their reoccurrence.
Are College Students Afforded Disability Accommodations?
Services for students with disabilities—like reasonable accommodations—remain until graduation or the student ages out of the system at 21. Support systems in post-secondary institutions differ from what a high school can or must provide. Therefore, discipline will take on an added dimension as protections are rolled back.
Colleges and universities are expected to make academic programs and services accessible to all students with physical needs to ensure they can meaningfully participate in academic life. However, they are not required to alter the content of academic courses in ways that affect their fundamental nature or impose an undue burden on the institution. Furthermore, institutions of higher education don't diagnose disabilities or provide IEPs, although students may receive the assistance of an advisor during disciplinary procedures.
College Code of Conduct Violations
In college, academic misconduct echoes that of high school, wherein cheating and plagiarism are some of the most common types of allegations. Yet, since institutions of higher education aren't beholden to FAPE requirements, it's also common for disciplinary boards to suspend or expel students for such misconduct. Nevertheless, many post-secondary institutions prohibit other unfair academic advantages like bribery, conspiracy, and misrepresentation. While students with disabilities are expected to obey academic integrity standards like their peers, they can have accommodations granted on a case-by-case basis, and some professors may attempt to make a case against changes in their classrooms.
Behavioral misconduct extends beyond the college campus, with disciplinary jurisdiction including many aspects of life, including the respect of dorm buildings and their property, alcohol and drug use, misuse of computer networks, and visiting hours. Social pressure can heavily influence non-academic misconduct allegations, as students with disabilities may feel compelled to engage in certain activities to better integrate into campus life.
In cases of sexual misconduct or Title IX violations, colleges and universities are under immense pressure to address allegations swiftly—even if they're unfounded. Examples of Title IX and sexual misconduct include the following:
- Discrimination
- Hazing
- Harassment
- Dating/domestic violence
- Sexual violence
- Sexual exploitation
The Louisiana Board of Regents has directed all public colleges and universities to protect students and school employees from power-based violence. This includes aspects of sexual misconduct and Title IX misconduct but is more expansive in its scope. Power-based violence is defined as "any form of interpersonal violence intended to control or intimidate another person through the assertion of power over the person."
Failure to provide reasonable accommodations for accused students with disabilities during the disciplinary process may lead to unfair outcomes. For instance, a school may assign a biased or uninformed advisor to a student's case who cannot properly assist them. Also, some students with disabilities may struggle to interpret social cues in intimate or sexual relationships, possibly due to unresolved social or behavioral issues from their youth.
Louisiana College and University Disciplinary Processes
Most of Louisiana's colleges and universities use clearly defined processes to ensure disciplinary actions are fair and due process is fulfilled, but students with disabilities may encounter challenges. Many schools have informal means for dispute resolution, but formal procedures are used for misconduct that can result in suspension or expulsion. Accused students—also referred to as respondents— are informed of the charges against them, the initial evidence, and their rights during the beginning stage of the grievance process. One provision of due process includes the opportunity to have an advisor present. However, they may only serve in an advisory capacity to the student, not as a representative of the student to the disciplinary board.
During the hearing, both sides tell accounts of the actions alleged. They can also submit evidence, call witnesses for testimony, and make personal statements to the disciplinary board. After the hearing, the board will decide whether the student is responsible for the allegations based on the "preponderance of the evidence" standard. Although appeals are possible, discipline is often effective immediately.
Some universities in Louisiana have two sets of policies for sexual misconduct: one that follows Title IX guidelines and another that may offer additional rights to the accuser and the accused. For example, both parties have the right to legal counsel during in-person hearings.
How Can the Lento Law Firm Help Louisiana Students?
Louisiana schools are held to state and federal law designed to protect students with disabilities throughout their academic journeys. Unfortunately, these students may still face challenges getting the support they need or unfair treatment when they get into trouble. This can lead to unfounded accusations that put their future at risk, so it's more important than ever to know where to turn for help.
The Lento Law Firm Student Defense Team understands how Louisiana's high schools, colleges, and universities manage students with disabilities in grievance procedures, including how the process can be unfair and biased against them. Our nationwide offices stand prepared to build a solid defense strategy for any situation, including brokering a beneficial resolution with a school, district, or institution's OGC. Call the Lento Law Firm at 888-535-3686 now or reach out through our confidential online consultation form.
