Student Code of Conduct Review

THE RESPONSIBILITY OF STUDENTS, PARENTS, AND SCHOOLS

The St. Mary Parish School Board and the State of Louisiana have adopted laws and policies for every teacher to hold every student to a strict accountability for any disorderly conduct in school or attending school events, on the street or bus going to or returning from school, or during intermission or recess.

School discipline includes options of counseling, student conferences, corporal punishment, student adjustment centers, suspension, and/or expulsion. In all cases, the discipline should be positive, constructive, and directed toward serving educational ends. While the individual rights of a student must be considered, the order and stability of the educational institution must be preserved. The ultimate responsibility of a student's conduct rests with the student and his or her parent.

Reports to the Principal

Any teacher or other school employee may report to the principal any student who acts in a disorderly manner or is in violation of school rules, or any misconduct or violation of school rules by a student who may or may not be known to the teacher or employee.

Incidents of alleged discipline violations shall be reported on the School Behavior Report form/School Bus Behavior Report form provided by the Louisiana Department of Education.
The forms shall be submitted in accordance with procedures outlined by the School District, the Superintendent, and school system personnel. The principal shall review and act upon such information submitted, to determine if suspension or other disciplinary action is necessary.

Should the principal fail to act on any report of misconduct or school violation, he/she shall explain the reasons for doing so to the Superintendent or his/her designee and to the teacher or school employee, student, parent, or legal guardian reporting the violation.

RECUSAL OF ADMINISTRATOR IN DISCIPLINE MATTERS

Any school administrator or administrator's designee who is required to make a recommendation, decide an issue, or act in a matter involving the discipline of a student shall recuse himself/herself whenever a member of the immediate family of the administrator or administrator's designee is involved in any manner in the discipline matter. In case of recusal, the action to be taken shall be done so by the Superintendent or an impartial designee of the Superintendent. Immediate family means the individual's children, brothers, sisters, parents, and spouse and the children, brothers, sisters, and parents of the spouse.

CLASS I BEHAVIORS

Disciplinary actions appropriate for Class I violations shall include but are not limited to: in school suspension (between classes, at recess or lunch time, after school); extra written work; warnings; written and/or oral reprimands; student-teacher conference; time-out/isolation; lower conduct grade; parent-teacher conferences; parent-teacher phone conference; loss of classroom, playground, co-curricular activities, or extra-curricular activities; restoration of facilities to original condition; referral to SWAT; referral to school counselors; and any reasonable action that has been approved by the principal.

Each classroom/duty teacher shall seek to correct general classroom/school disruption by taking appropriate suggested disciplinary action. Only when the actions taken by the teacher are ineffective or the disruption is sufficiently severe should a student be referred to the principal.

Under no circumstances should academic grades be used for maintaining order in a classroom, nor shall student behavior be included in calculating academic grades. An academic grade shall reflect the teacher's most objective assessment of the student's academic achievement.

Class I Violations

Any conduct and/or behavior that is disruptive to the orderly educational process in the classroom or any similar grouping for instruction.
Harassment or intimidation of other students -- the continued annoyance, teasing, or tormenting of another student.
Gambling -- any participation in games of chance for money and/or other things of value.
Unexcused absences and unexcused tardiness—after all reasonable efforts by the principal and the teacher have failed to correct the habitual absences or tardiness by the student the following shall take place:
After the fifth unexcused absence or the fifth unexcused occurrence of being tardy within one month or if a pattern of five (5) absences a month is established, the principal or designee, with the aid of the teachers shall file a written report showing dates of absences or tardiness, dates and results of school contacts with the home, and such other information as may be needed by the Supervisor of Child Welfare and Attendance. Child Welfare and Attendance shall report the student to the family or juvenile court of the parish as a truant child pursuant to the Louisiana Children's Code Relative to families in need of services.
Non-conformity to dress code. A student enrolled in grades prekindergarten through five shall not be suspended from school for a uniform violation that is not tied to willful disregard of school policies.

Minor disruption on a school bus.
Inappropriate public displays of affection.
Intentionally providing false information to School Board employee including, but not limited to, giving false student information, forgery of school notes (including report cards), and concealment of information directly relating to school business.
Any other violation that the principal (or designee)/ teacher may reasonably deem to fall within this category. (Failure to do class work, lack of necessary supplies, littering, loitering and/or sitting in parked cars, failure to return required forms/report cards, parking in prohibited areas, "horse play," not participating in class, sleeping in class, electronic games/devices, any act judged by school personnel to be unsafe to self or others, any behavior judged by school personnel to be disruptive or destructive, failure to follow any class or school rules.)

CLASS II BEHAVIORS

The teacher shall notify the parent(s) or guardian(s) of a student who consistently violates Class I behaviors or work habits. If teacher interventions fail to result in improvement of student behavior or work habits, the student may be referred to the principal/designee. Upon such referral the behavior will be considered a Class II violation.

Appropriate disciplinary actions for a Class II include but are not limited to: Student-principal conference; time-out/isolation; written assignments; detention; loss of classroom, playground, co-curricular, or extra-curricular activity privileges, restoration of facilities to original condition; parent-principal telephone conference; parent-principal personal conference; suspension of bus transportation; corporal punishment according to Parish policy; suspension from school for one to three days; filing of charges with an appropriate law enforcement agency; requesting further action from the Child Welfare and Attendance Department with suspension pending action; and any other action the principal and the school discipline committee deem appropriate.

Class II Violations

Defiance of School Board employee's authority -- any verbal or non-verbal refusal to comply with a lawful and reasonable direction or order of a School Board employee.
Possession and/or use of tobacco products -- having and/or using tobacco products on the school premises.
Battery upon a student(s) -- actually and intentionally pushing or striking another student against the will of the other student, or intentionally causing bodily harm to an individual.
Simple assault on School Board employee -- the intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and the doing of some act that creates a well-formed fear in the other person that violence is imminent.
Fighting is any physical conflict between two (2) or more individuals. (However, a student reasonably concluded to be acting in self-defense may not be disciplined.)
Stealing/larceny/petty theft -- the intentional unlawful taking and/or carrying away of property valued at less than $100 belonging to or in the lawful possession or custody of another.
Possession of stolen property with knowledge that it is stolen.
Threats, intimidation, and/or extortion -- verbally or non-verbally or by written or printed communication maliciously threatening and injurious to the person, property, or reputation of another, with the intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will.
Trespassing -- willfully entering or remaining in any structure, conveyance, or property without being authorized, licensed, or invited; or having been authorized, licensed, or invited, is warned by an authorized person to depart, and refuses to do so.
Offensive touching of another person.
Written or verbal propositions to engage in sexual acts.
Use of obscene manifestations (verbal, written, gestured) toward another person.
Directing obscene or profane language to a School Board employee.
Leaving the school grounds without permission.
Disruption of the educational process caused by the wearing of secret society apparel.
Repeated Class I violations.
Any other violation that the principal (or designee) may reasonably deem to fall within this category (leaving a class without permission; behaving inappropriately at any school related function; habitually tardy or absent; setting off a false fire alarm; forging a parent/guardian or teacher signature; violating traffic or safety regulations; violating transportation or school crossing rules; cheating; going through a teacher's desk, cabinet or personal belongings without permission; habitually violating the dress code; failure to carry out any disciplinary assignment given by the principal/designee; intentional damage to school property; possession of pornographic literature or paraphernalia; writing or drawing on school property, or on property to and from school; vandalizing or attempting to vandalize school property or property on the school grounds or on the way to or from school; truancy; possession of a pocket pager or electrical device; bringing medication, prescription or non-prescription, oral or topical, to school without proper documentation, etc.)

Class III behaviors

The commission of the following offenses may constitute violation of criminal law in the state of Louisiana. ALL CLASS III VIOLATIONS WILL RESULT IN MANDATORY SUSPENSION WITH OR WITHOUT A RECOMMENTDATION FOR EXPULSION.

Drugs -- unauthorized possession, transfer, use, or sale of drugs. (Notify law enforcement agency and recommend expulsion.)
Drug paraphernalia -- unauthorized possession, transfer, or sale of paraphernalia used in drug use. (Notify law enforcement agency and recommend expulsion.)
Arson -- the willful and malicious burning of any part of a building or its contents. (Notify law enforcement agency and recommend expulsion.)
Battery upon School Board employee -- the actual unlawful and intentional touching or striking of a School Board employee against his or her will, or the intentional causing of bodily harm to a School Board employee. (Notify law enforcement agency and recommend expulsion.)
Stealing/Larceny/Grand Theft -- the intentional unlawful taking and/or carrying away of property valued at $100 or more belonging to or in the lawful possession or custody of another. (Notify law enforcement agency.)
Burglary of school property -- breaking, entering, or remaining in a structure or conveyance without justification or excuse during the hours the premises are closed to the public. (Notify law enforcement agency.)
Criminal mischief -- willful and malicious injury or damages more than $200 to public property, or to real or personal property belonging to another. (Notify law enforcement agency.)
Possession of firearm(s) -- any firearm which will, or is designed to, or may readily be converted to expel a projectile by the action of any explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any similar destructive device. (Notify law enforcement agency and recommend expulsion.)
Possession of weapons -- possession of a knife, including but not limited to a switchblade knife; metallic knuckles; tear gas gun; chemical weapon or device; or any other weapon, instrument, or object that may be used as a weapon. (Notify law enforcement agency and recommend expulsion.)
Bomb threat -- any such communication directed at a School Board employee or building that has the effect of interrupting the educational environment. (Notify law enforcement agency and recommend expulsion.)
Explosive -- preparing, possessing, or igniting on School Board property explosives likely to cause serious bodily or property damage. (Notify law enforcement agency and recommend expulsion.)
Sexual acts -- acts of a sexual nature including, but not limited to, battery, intercourse, attempted rape, or rape. (Notify law enforcement agency and recommend expulsion.)
Aggravated battery -- intentionally causing great bodily harm, disability, or permanent disfigurement; use of a deadly weapon. (Notify law enforcement agency and recommend expulsion.)
Inciting or participating in major student disorder -- leading, encouraging, or assisting in major disruptions that place students, staff, and the educational process at risk or which result in destruction or damage of private or public property or personal injury to participants or others. (Notify law enforcement agency.)
Any Class I or Class II offense that has been continued.
Any other offense that the principal/designee may reasonably deem to fall within this category or that state law or parish policy places within this violation category.

Parent Conferences

In accordance with school district policy, in any case where a teacher, principal, or other school employee is authorized to require the parent(s), tutor(s), or legal guardian(s) of a student who is under the age of eighteen and not judicially emancipated or emancipated by marriage to attend a conference or meeting regarding the student's behavior, and after notice, the parent(s), tutor(s), or legal guardian(s) willfully refused to attend, the principal, or his or her designee, shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction.

Notice of the conference, specifying the time and date of the conference, shall be given by contacting the parent(s), tutor(s), or legal guardian(s) by telephone at the telephone number shown on the student's registration card or by sending a certified letter to the address shown on the student's registration card.
Prior to any suspension, the school principal, or designee, shall advise the student in question of the misconduct of which he or she is accused as well as the basis for such accusation, and the student shall be given an opportunity at that time to explain his or her version of the facts to the school principal or designee.
In each case of suspension or expulsion, the school principal or designee, shall contact by telephone at the telephone number shown on the student's registration card or send a certified letter at the address shown on the student's registration card to the parent, tutor, or legal guardian of the student in question giving notice of suspension or expulsion, the reasons thereof and establishing a date and time for conference with the principal or designee as a requirement for readmitting the student provided that in the case or expulsion, the contact with the parent or guardian shall include a certified letter.
If a parent, tutor, or legal guardian fails to attend the required conference within five (5) school days of mailing the certified letter or other contact with the parent, the truancy laws shall be effective. On not more than one occasion each school year when the parent, tutor, or legal guardian refuses to respond, the principal may determine
whether readmitting the student is in the best interest of the student.
On any subsequent occasions in the same school year, the student shall not be readmitted unless the parent, tutor, or legal guardian, court, or other appointed representative responds.
In any case where a teacher, principal, or other school employee is authorized to require the parent, tutor, or legal guardian of a student who is under the age of eighteen and not judicially emancipated or emancipated by marriage to attend a conference or meeting regarding the student's behavior and after notice, the parent, tutor, or legal guardian willfully refuses to attend, the principal or his or her designee shall file a complaint, in accordance with statutory provisions with a court exercising juvenile jurisdiction or any other applicable ground when in his or her judgment doing so is in the best interest of the student.
The principal shall promptly advise the superintendent or her designee of all such suspensions, stating the reasons for the suspensions. No suspended student shall be allowed to leave the school premises during the school day until parent, guardian, or other proper authorities assume responsibility for him or her, unless immediate removal from school due to danger or threat of disruption to academic process is warranted.
The principal shall be required to suspend immediately a student who is found carrying or possessing a firearm, and/or weapons, or other dangerous instruments. Upon the seizure by any teacher, principal, school security guard, or other school administrator of any firearm, knife (2 and ½ inches or longer), or other dangerous instruments which could be used as a weapon or inflict injury, the principal or his or her designee shall be required to report the confiscation to appropriate law enforcement officials.
Additionally, the principal shall immediately recommend the student's expulsion to the Superintendent, as state law has mandated expulsion for certain violations.
The principal and other appropriate personnel shall be required to file written documentation of all suspensions. Said documentation shall include the circumstances surrounding any suspension, the reason for suspension, and any other pertinent facts concerning the disciplinary action.
The principal shall file copies of his report with the Superintendent, other appropriate personnel and the parent or guardian, and he shall retain a copy for his records.
The Superintendent may review any suspension given. The decision of the Superintendent of Schools on the merit of the case, as well as the term of suspension, shall be final, reserving the right of the Superintendent of Schools to remit any portion of the time of suspension. Additionally, the courts have the authority to remit or extend the amount of time a student has been suspended.
Any student suspended shall receive no credit for schoolwork missed while suspended. Special circumstances will be considered on a case-by-case basis.

NOTE: To curb violence in schools, law enforcement officials may be called at the discretion of the administrator. (If an arrest is made, an attempt will be made to contact a parent/guardian).

CORPORAL PUNISHMENT GUIDELINES

Every teacher is authorized to hold every student to strict accountability for any disorderly conduct in school or on the playground of the school, or on any school bus going to or returning from school, or during intermission or recess.

The St. Mary Parish School Board shall allow reasonable corporal punishment of unruly students. If such punishment is required, it shall be administered with extreme care, tact and caution, and then only by the principal, assistant principal, or the principal's designated representative in the presence of another adult school employee. At no time shall corporal punishment be administered in the presence of another student. All school personnel and parents shall be fully informed of these provisions at the beginning of each school year.

Corporal punishment means using physical force to discipline a student, with or without an object. Corporal punishment includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort.

Corporal punishment does not include:

The use of reasonable and necessary physical restraint of a student to protect the student, or others, from bodily harm or to obtain possession of a weapon or other dangerous object from a student.
The use of seclusion and restraint as provided in La. Rev. Stat. Ann. §17:416.21.

No form of corporal punishment shall be administered to a student with an exceptionality, excluding gifted and talented, as defined in La. Rev. Stat. Ann. §17:1942 or to a student who has been determined to be eligible for services under Section 504 of the Rehabilitation Act of 1973 and has an Individual Accommodation Plan.

Except for those acts of misconduct which are so anti-social or disruptive in nature as to shock the conscience, corporal punishment may never be used unless the student was informed beforehand that specific misbehavior could occasion its use; and subject to this exception, it should never be used as a first line of punishment.
Its use should follow specific failure of other corrective measures to affect student behavior modification.
A teacher or principal must punish corporally in the presence of a second school official (teacher or principal), who must be informed beforehand, and in the student’s presence of the reasons for the punishment.
School principals, assistant principals or appropriate designees who have administered corporal punishment shall provide the child's parents or legal guardians, upon request, a written explanation of the reasons and the name of the school employee who was present as a witness. For each incident of corporal punishment, a Corporal Punishment Incidence Checklist shall be completed and maintained in the administrative offices of the school.
Subject to the above procedural due process safeguards, state statutes, and board of education policies, reasonable and proper use of corporal punishment does not violate any rights guaranteed by the Constitution.
Reasonable and proper application of corporal punishment should be based on such factors as ability of the student to bear it, student’s age, size, sex, and observed physical strength, and gravity of the offense. The paddle shall be made of wood not longer than 20 inches including the handle, not less than 4 inches wide or more than 3/8 inches thick and administered on the buttocks only.
The punishment must not be inflicted with such force, or in such a manner as to be considered cruel and excessive. Wanton or malicious use of corporal punishment is utterly indefensible.
The procedural due process safeguards mandate that, in cases where a student protests ignorance of the rule or innocence of the offense, a brief but adequate opportunity should be provided for the student to explain his/her side of the situation. The regulation alleged to have been violated must also be a legally defensible rule.
A copy of the corporal punishment policy shall be distributed to parents and students and shall become a part of the discipline policy handbook.

Nothing contained herein shall be interpreted as prohibiting an employee from using physical force, reasonable and appropriate under the circumstances, in defending himself/herself against a physical attack by a student or to restrain a student from attacking another student or employee, or to prevent acts of misconduct which are so anti-social or disruptive in nature as to shock the conscience.

IMPERMISSIBLE CORPORAL PUNISHMENT

Corporal punishment administered other than as outlined hereinabove shall be deemed and defined to be impermissible corporal punishment. Any accusations involving employees using impermissible corporal punishment shall be promptly investigated, in accordance with provisions of policy GAMC, Investigations.

STUDENT ADJUSTMENT CENTERS

To reduce the number of days lost by students, due to suspension, the St. Mary Parish School Board has instituted Student Adjustment Centers (detention).

Combinations may be as follows:

One hour each day (Monday through Thursday)
Two hours twice a week (Monday and Wednesday, or Tuesday and Thursday)
Four hours on Saturday morning (8:00 AM - 12 noon)

The four-hour detention counts as an alternative to suspension: however, the student is allowed only two four-hour detention assignments. The third violation that would normally be a suspension would be an indefinite suspension, pending a hearing with the Supervisor of Child Welfare and Attendance. Students committing minor problems may be assigned one- or two-hours detention, but those wouldn’t count toward the indefinite suspension. Parents would be contacted prior to detention assignment and be given the choice of detention assignment or suspension.

Experience has shown that parents almost always choose detention. A conference with the principal or assistant principal is required, the same as in suspensions.

Data indicates that suspensions are reduced by over two-thirds and overall attendance improved throughout the schools having Student Adjustment Centers.

Students assigned to the Student Adjustment Center must adhere to the following:

arrive at the Student Adjustment Center on time.
have enough schoolwork to keep busy the whole time; and
control their behavior.

Any infraction of the above would result in a suspension when reported by the facilitator. Students may also be assigned to less than four hours of detention for fewer severe rule violations.

SUSPENSION

The St. Mary Parish School Board recognizes its authority to maintain good order and discipline within the schools of the school district. Therefore, the School Board recognizes the principal's authority to suspend a student for a specified period in accordance with statutory provisions.

Prior to any out-of-school suspension or assignment to alternative placement, the school principal or his/her designee shall advise the student of the misconduct of which he/she is accused as well as the basis for such accusation, and the student shall be given an opportunity at that time to explain his/her version of the facts. The principal/designee shall contact the parent or legal guardian of the student to notify them of the suspension and establish a date and time for a conference with the principal or designee as a requirement for readmitting the student. Notice shall be given by contacting the parent or legal guardian by telephone at the telephone number shown on the student's registration card, or by electronic communication or by a certified letter sent to the address shown on the student's registration card. The principal shall promptly advise the Superintendent or designee of all such suspensions, stating the reasons for the suspensions.

A student who is suspended for longer than ten (10) days shall be provided with academic instruction at an alternative setting in accordance with La. Rev. Stat. Ann. §17:416.2.

No suspended student shall be allowed to leave the school premises during the school day until the parent, guardian, or other proper authorities assume responsibility for him/her, unless immediate removal from school due to danger or threat of disruption to academic process is warranted.

If the parent, or legal guardian fails to attend the required conference within five (5) school days of notification, the truancy laws shall be effective. On not more than one occasion each school year when the parent, or legal guardian refuses to respond to the notice, the principal may determine whether readmitting the student is in the best interest of the student. On any subsequent occasions in the same school year, the student shall not be readmitted unless the parent, or legal guardian, court, or other appointed representative responds.

If a teacher, principal, or other school employee is authorized to require the parent, or legal guardian of a student to attend a conference or meeting regarding the student's behavior and after notice, the parent, or legal guardian willfully refuses to attend, the principal or his/her designee shall file a complaint, in accordance with statutory provisions, with a court exercising juvenile jurisdiction.

When a student is suspended for a second time within one school year, the principal may require a counseling session be held with the parent and student by the school counselor. In the event there is no school counselor assigned to that school, the principal may require a conference between the parent, student, and all the student's teachers and the principal or other administrator.

Any student, after being suspended on three (3) occasions for committing drugs or weapons offenses during the same school year, shall upon committing the fourth offense, be expelled from all the public schools of the system until the beginning of the next regular school year, and the student's reinstatement shall be subject to the review and approval of the School Board.

The principal and other appropriate personnel shall be required to file written documentation of all suspensions. Said documentation shall include the circumstances surrounding any suspension, the reason for suspension, and any other pertinent facts concerning the disciplinary action. The principal shall file copies of his/her report with the Superintendent, other appropriate personnel and the parent or guardian and retain a copy for his/her records.

Upon the seizure by any teacher, principal, school security guard, or other school administrator of any firearm, knife, or other dangerous implement which could be used as a weapon or inflict injury, the principal or his or her designee shall be required to report the confiscation to appropriate law enforcement officials.

APPEALS

Any parent, or legal guardian of a student suspended shall have the right to appeal to the Superintendent or his/her designee, who shall conduct a hearing on the merits. If the parent or legal guardian is not present for the hearing after having been properly notified, the hearing may proceed and the results of the hearing shall be mailed to the parent or legal guardian within three (3) school days by certified mail, return receipt requested. The decision of the Superintendent on the merits of the case, as well as the term of the out-of-school suspension, shall be final, reserving to the Superintendent the right to remit any portion of the time of out-of-school suspension.

Notwithstanding the foregoing, the parent or legal guardian of a student who has been recommended for expulsion but suspended instead following a hearing conducted by the Superintendent or his/her designee shall have the right to request review by the School Board of the findings of the Superintendent or designee at a time set by the School Board. Such a request must be made within five (5) days after the decision is rendered, or the decision of the Superintendent or designee shall be final. The School Board may affirm, modify, or reverse the action previously taken.

The parent or legal guardian of the student may, within ten (10) school days, appeal to the judicial district court an adverse ruling of the School Board upholding the action of the Superintendent or designee. The court may reverse or revise the ruling of the School Board upon a finding that the ruling of the School Board was based on an absence of any relevant evidence in support thereof.

SUSPENSION FOR DAMAGES TO PROPERTY

A student suspended for damages to any property belonging to the school system or to property contracted to the school system or any property on school grounds owned by a school employee or student shall not be readmitted until payment in full has been made for such damage, an alternative restitution arrangement has been executed, an alternative payment plan has been arranged, or until directed by the Superintendent. If the property damaged is a school bus owned by, contracted to, or jointly owned by any school board, a student suspended for such damage shall not be permitted to enter or ride any school bus until payment in full has been made for the damage, an alternative restitution arrangement has been executed, an alternative payment plan has been arranged, or until directed by the Superintendent.

MANDATORY SUSPENSION

Firearms, Knives, Other Dangerous Instrumentalities, Drugs

The principal or his/her designee shall be required to suspend a student who:

is found carrying or possessing a firearm or a knife with a blade two and one-half (2 ½) inches or longer, or another dangerous instrumentality, except as provided below under the section entitled Suspension Not Applicable; or
possesses, distributes, sells, gives, or loans any controlled dangerous substance governed by state law, in any form.

Additionally, the principal or his/her designee shall immediately recommend the student's expulsion to the Superintendent, for the above offenses, except in the case of a student less than eleven (11) years of age in pre-kindergarten through grade 5 who is found carrying or possessing a knife with a blade two and one half (2 ½) inches or longer, the principal may recommend the student's expulsion. A student found carrying or possessing a knife with a blade less than two and one half (2 ½) inches in length may be suspended by the school principal, but, in appropriate cases, at a minimum, shall be placed in in-school suspension.

SUSPENSION NOT APPLICABLE

Suspension of a student shall not apply to the following:

A student carrying or possessing a firearm or knife for purposes of involvement in a school class, course, or school-approved cocurricular or extracurricular activity or any other activity approved by appropriate school officials.
A student possessing any controlled dangerous substance that has been obtained directly or due to a valid prescription or order from a licensed medical provider. However, the student shall always carry evidence of the prescription or medical provider’s order on his/her person when in possession of any controlled dangerous substance which shall be subject to verification. Evidence of the prescription or medical provider’s order includes possession of the controlled dangerous substance in its original packaging as received from the pharmacy.

In addition, school officials, in accordance with statutory provisions, shall have total discretion and shall exercise such discretion in imposing on a student any disciplinary actions authorized by state law for possession by a student of a firearm or knife on school property when such firearm or knife is stored in a motor vehicle and there is no evidence of the student's intent to use the firearm or knife in a criminal manner.

CREDIT FOR SCHOOLWORK MISSED

A student who is suspended for ten (10) days or fewer shall be assigned schoolwork missed while he/she is suspended and shall receive the same credit originally available for such work, upon the recommendation of the student’s teacher if it is completed satisfactorily and timely as determined by the principal or his/her designee.

A student who is suspended for more than ten (10) days and receives educational services at an alternative school site, shall be assigned work by a certified teacher and shall receive credit for schoolwork if it is completed satisfactorily and timely as determined by the teacher. Such work shall be aligned with the curriculum used at the school from which the student is suspended.

INDEFINITE SUSPENSION

School principals may suspend any student from school for not more than three days who is guilty of disobedience; who treats with intentional disrespect a teacher, principal, superintendent, member or employee of the local school board; who makes against any one of them an unfounded charge; who uses unchaste or profane language; who is guilty of immoral or vicious practices, or of conduct or habits injurious to his associates; who uses tobacco, drugs or alcoholic beverages in any form in school buildings or on school grounds; who disturbs the school or habitually violates any rules; who cuts, defaces, or injures any part of the public school buildings or any property belonging to said buildings; who writes any profane or obscene language or draws obscene pictures in or on any school material or any public premises, or on any fence, pole, sidewalk, or building on the way to or from school; who is found carrying firearms, knives, or other implements which can be used as weapons, the careless use of which might inflict harm or injury; who throws missiles on the school grounds liable to injure other students; who instigates or participates in fights while under school supervision; who violates traffic and safety regulations; who leaves the school premises without permission; who leaves the classroom during class hours or detention without permission, or who is habitually tardy or absent; who commits any other serious violation.

The principal will send the parish letter for suspension to the child's parents or guardians informing them of the suspension, its length of time, and the reason for the suspension. A copy of this letter will be sent to the Supervisor of Child Welfare and Attendance. The principal or assistant principal will have a preliminary hearing with the pupil and have a conference with the parents or guardians of every pupil suspended before readmitting the pupil to school. The parent or guardian will have the right to appeal to the Superintendent in writing regarding the suspension of any pupil. A pupil suspended for damages to any property belonging to the school system shall not be readmitted until payment in full has been made for such damage or until directed by the Superintendent or his designee.

A student missing school because of any suspension must make up work missed. It will be the responsibility of the student or parent to plan within two (2) days of the student’s return to school to make up work missed because of suspension.

Upon the recommendation by a principal for an indefinite suspension (of more than three (3) days) of any pupil, a hearing shall be conducted by the superintendent or his designee. Upon the conclusion of the hearing, the superintendent or his designee shall determine whether such students shall be dropped from the school system or if other corrective or disciplinary action shall be taken. At a hearing with the principal and/or teacher concerned may be represented by any person appointed by the superintendent or her designee. Until such a hearing takes place, the student shall remain suspended from the school. At the hearing the student may be represented by any person of his choice.

EXPULSION

The St. Mary Parish School Board shall authorize the superintendent to expel a student from school if a violation committed by the student is serious enough to warrant such action or is in violation of state law. Upon the recommendation for expulsion of a student by the principal, the superintendent or designee shall conduct a hearing to determine whether expulsion or other disciplinary action shall be taken. Unless there are extenuating circumstances, all expulsion hearings should be held within (15) days of the request. At the hearing, the principal and/or teacher concerned may be represented by any person appointed by the superintendent. The concerned teacher shall be permitted to attend and present any relevant information. Until the hearing takes place, the student shall remain suspended from the school with access to classwork and the opportunity to earn academic credit. At such hearing the student may be represented by any person of their choice. At the conclusion of the hearing, the superintendent or designee shall determine whether expulsion or if other corrective disciplinary action shall be taken.

Parental Appeal

Parents have the right to appeal the results of all expulsion hearings. The parent, tutor, or guardian of the student may appeal by requesting in writing within five (5) days after the decision to expel or suspend has been rendered, that the board review the findings of the superintendent/or designee at a time set by the board.
After reviewing the findings of the superintendent, the school board may affirm, modify, or reverse the action of the superintendent or designee.
Any student who is expelled shall receive no credit for schoolwork missed while he is expelled.

Parental Appeal (District Court)

The parent or tutor/legal guardian of the student who has been recommended for expulsion may, within ten school days, appeal to the district court for the parish in which the student's school is located, an adverse ruling of the school board in upholding the action of the superintendent or his designee. The court may reverse or revise the ruling of the school board upon a finding that the ruling of the board was based on an absence of any relevant evidence in support thereof.

The parent or tutor/legal guardian of the pupil student shall have such right to appeal to the district court even if the recommendation for expulsion is reduced to a suspension. If a judgment is rendered in favor of a student who sought judicial review of a decision of a school board, the judgment may include an award for reasonable attorney fees if the court finds 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.

The court may award any damages appropriate under the circumstances and render any other appropriate relief including but not limited to requiring the school board to issue an official apology letter, which shall be provided to the student, his parent, legal guardian, or tutor, and retained in the student's educational records.

Required Expulsions

State law requires the superintendent to expel a student for minimum periods of time if found guilty of certain violations, as follows:

16 years or older
If, after an appropriate hearing, a student is found guilty of intentional distribution or possession with intent to distribute any illegal narcotic, drug, or controlled substance on school property, on a school bus, or at a school-sponsored event, the student shall be expelled for a minimum of (4) four complete school semesters, unless such student has agreed to participate and/or participates full time in a juvenile drug court program operated by a court of this state as required for such student by the appropriate authority. Such students may be placed by the school system in an alternative education program for suspended and expelled students approved by the State Board of Elementary and Secondary Education.
Under 16 years, and in grades 6-12
If, after an appropriate hearing, a student is found guilty of intentional distribution or possession with intent to distribute any illegal narcotic, drug or controlled substance on school property, on a school bus, or at a school-sponsored event, the student shall be expelled for a minimum of (2) two complete school semesters, unless such student has agreed to participate and participates full time in a juvenile drug court program operated by a court of this state as required for such student by the appropriate authority. Such student may be placed by the school system in an alternative education program for suspended and expelled students approved by the State Board of Elementary and Secondary Education.
Grades K-5
If, after an appropriate hearing, a student is found guilty of knowledge and intentional distribution of/or possession with intent to distribute any illegal narcotic, drug or other controlled substance on school property, on a school bus, or at a school-sponsored event, the student shall be referred to the school board with recommendation of appropriate action by the Superintendent.

Additional Reasons for Expulsion

Students may also be expelled for any of the following reasons:

Any student, after being suspended for committing violations of any discipline policies or other rule infractions, depending on the severity of the behavior, may be expelled upon recommendation to the board by the principal.
Any student, after being suspended on three (3) occasions for committing any weapon, drugs, or knife violation during the same school session, shall, on committing the fourth violation, be expelled from the public schools for a maximum period allowed by state law, subject to review and approval by the School Board.
A student determined to have brought a weapon to a school under the board's jurisdiction shall be expelled for a minimum period of (4) four complete school semesters. K-5 grades shall be expelled for a minimum period of (2) two complete school semesters. The superintendent may modify the expulsion requirement on a case-by-case basis, providing that such modification is in writing. A weapon, in accordance with federal statues, means a firearm or any device which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, and a firearm muffler or firearm silencer, or any destructive device.

Readmittance Following Expulsion

In each case of expulsion, the school principal, or his or her designee, shall contact the parent, tutor, or legal guardian of the student to notify them of the expulsion, the reasons therefore, and establish a date and time for a conference with the principal or designee as a requirement for readmitting the student.
Notice shall be given by sending a certified letter to the address shown on the student's registration card. Also, additional notification may be made by contacting the parent, tutor, or legal guardian by telephone at the number shown on the student's registration card.
Also, additional notification may be made by contacting the parent, tutor, or legal guardian by telephone at the number shown on the student's registration card. If the parent, tutor, or legal guardian fails to attend the required conference within five school days of mailing the certified letter, the truancy laws shall become effective.
On more than one occasion each school year when the parent, tutor, or legal guardian refuses to respond, the principal may determine whether readmitting the pupil is in the best interest of the pupil. On any subsequent occasions in the same year, the pupil shall not be readmitted unless the parent, tutor, legal guardian, court, or other appointed representative responds.
In any case where a teacher, principal, or other school employee is authorized to require the parent, tutor, or legal guardian of a pupil who is under the age of eighteen and not judicially emancipated or emancipated by marriage to attend a conference or meeting regarding the pupil's behavior and, after notice, the parent, tutor, or legal guardian willfully refuses to attend, the principal or designee shall file a complaint in accordance with statutory provisions with a court exercising juvenile jurisdiction.
Any student expelled from school because he or she was in possession of a firearm on school property or because of illegal narcotics, drugs, or other controlled substance on school property, on a school bus, or at a school event may be readmitted to school on a probationary basis at any time during the expulsion period on such terms and conditions as may be stipulated by the school board.
Readmission to school on a probationary basis shall be contingent on the student and legal guardian or custodian agreeing in writing to the terms and conditions stipulated by the school board. Any such agreement shall contain a provision for immediate removal of the student from school premises without benefit of a hearing or other procedure upon the principal or superintendent determining the student has violated any condition agreed to.
As soon as possible, the principal or designee shall provide verbal notice to the superintendent of schools of any such determination and shall attempt to provide such verbal notice to the student's parent or other person responsible for the student's school attendance. The principal or designee shall also provide proper notification in writing of the termination and reasons for removal to the superintendent and the student's parent or legal guardian or another responsible person.
A student who has been expelled from any public or nonpublic school in or out of state shall not be admitted to a school in the school system except upon review and approval of the school board following the request for admission.
To facilitate the review and approval for re-admittance, the student shall provide the board information on the dates of any expulsions and the reasons, therefore. Additionally, transfer of student records to any school or system shall include information on the dates of any expulsions and the reasons, therefore.
A student who has been expelled from any school in or out of state for possessing on school property or on a bus a firearm, knife, or other dangerous weapon or instrumentality customarily used or intended for probable use as a dangerous weapon, or possessing or possession with intent to distribute or distributing, selling, giving, or lending while on school property or a school bus any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law, shall not be readmitted to any school until the student has enrolled and participated in an appropriate rehabilitation or counseling program related to the reason(s) for the expulsion.
The rehabilitation or counseling programs shall be provided by such programs approved by the juvenile or family court having jurisdiction, if applicable, or by the School Board. The requirement for enrollment and participation in a rehabilitation or counseling program shall be waived only upon the student attesting in writing that no appropriate program is available in the area or that the student cannot enroll or participate due to financial hardship.

The superintendent or designee shall have the authority to modify expulsion requirements on a case-by-case basis, providing that the modifications are in writing. Additionally, the court has the authority to limit the length of certain expulsions for criminal behavior to the student's period of adjudication.

ST. MARY PARISH ALTERNATIVE PROGRAM (SMPAP)

The St. Mary Parish Public School System offers additional supports, alternative settings, programs, and/or interventions for students requiring academic remediation or acceleration, and/or behavior modification. Students and parents meet with school system personnel to discuss the opportunity for placement. All decisions are made on an individual basis in cooperation with students, parents, and the School Building Level Committee. This committee, comprised of academic and behavioral professionals as well as parents, will collaboratively develop a plan for student academic and behavioral support necessary to advance student achievement.

Program Placement: Students exhibiting behavioral concerns in the regular school setting are referred to Child Welfare and Attendance. A conference or disciplinary hearing is held with the referring principal, parent/guardian, student, Child Welfare and Attendance Supervisor, and if necessary, a special education representative. Here, appropriate placement is determined.
Students are grouped appropriately by grade span and receive grade-level instruction.
Support services are provided for any student with special needs in accordance with the IEP or 504 Plan.
High school students continue to earn grades and/or complete course credits where applicable online through Edgenuity. The supervisor of the alternative program collaborates with school counselors to ensure that, to the extent possible, each student is enrolled in the same courses that he/she was taking at his/her school site.
High school students eligible for Credit Recovery or ASAP my schedule needed coursework through Edgenuity and can earn Carnegie Units through Edgenuity.
Junior high students will continue to earn grades online through Edgenuity. Students will be enrolled in four core courses on grade level, a career exploration elective, and character education modules.
Elementary school students receive instruction in the four core courses, art, and character education.
Students will receive progress reports and report cards according to the St. Mary district calendar.

Battery Upon a School Employee

Whenever a student is formally accused of violating the provisions of R.S. 14:34.3 or school disciplinary rules, or both, by committing a battery on any school employee or is formally accused of violating the provisions of R.S. 14:38.2 or school disciplinary rules, or both, by committing an assault on any school employee:

the principal shall suspend the student from school immediately and
the student shall be removed immediately from the school premises without the benefit of the out-of-school procedures provided by this section; however,
the necessary notifications and other procedures shall be implemented as soon as is practicable.

Additionally, whenever a teacher is struck by a student, the student, in addition to any other discipline given, shall be permanently removed from the teacher's classroom, unless the teacher objects, or unless the principal, with the concurrence of the building level committee, finds the striking incident to be entirely inadvertent.

No student suspended in accordance with the provisions of this policy shall be considered for readmission to the school to which the school employee, allegedly assaulted or battered, or both, by the student, is assigned until all hearings and appeals associated with the alleged violation have been exhausted.

Except when the school system has no other school of suitable grade level for the student to attend, no student found guilty by a court of competent jurisdiction of violating the provisions of R.S. 14:34.3 or 38.2, or both, or found guilty at a school system expulsion hearing of committing a battery or assault on any school employee, or both, shall be assigned to attend or shall attend the school to which the school employee battered or assaulted by the student is assigned.

Notwithstanding any provision of R.S. 17:158 to the contrary, a school system shall not be required to provide transportation to any student reassigned to attend a school pursuant to the provisions of this section if providing such transportation for the pupil student will result in additional transportation costs to the school system.

BULLYING, HARASSMENT, INTIMIDATION, AND THREATS

Realizing that the care, welfare, safety and security for all students and staff are fundamental to success and achievement in the academic environment, the St. Mary Parish School System has adopted a zero-tolerance stance regarding acts of bullying, harassment, intimidation, and threats.

In accordance with ACT 861, “Bullying” is defined as pattern of any one or more of the following:

Gestures, including but not limited to obscene gestures and making faces,
Written, electronic, or verbal communications, including but not limited to calling names, threatening harm, taunting, malicious teasing, or spreading untrue rumors. Electronic communication includes but is not limited to a communication or image transmitted by email, instant message, text message, blog, or social networking website using a telephone, mobile phone, pager, computer, or other electronic device,
Physical acts, including but not limited to hitting, kicking, pushing, tripping, choking, damaging personal property, or unauthorized use of personal property,
Repeatedly and purposefully shunning or excluding from activities,

Where the pattern of behavior . . .

Is exhibited toward a student, more than once, by another student or group of students and occurs, or is received by, a student while on school property, at a school-sponsored or school-related function or activity, in any school bus or van, at any designated school bus stop, in any other school or private vehicle used to transport students to and from schools, or any school-sponsored activity or event,
Has the effect of physically harming a student, placing the student in reasonable fear of physical harm, damaging a student’s property, placing the student in reasonable fear of damage to the student’s property, or must be sufficiently severe, persistent, and pervasive enough to either create an intimidating or threatening educational environment, have the effect of substantially interfering with a student’s performance in school, or have the effect of substantially disrupting the orderly operation of the school.

Reporting Incidents

Any student, who believes that he/she has been, or is currently, the victim of bullying, or any student, or any parent or guardian who witnesses bullying or has good reason to believe bullying is taking place, may report the situation to a school official. A student, parent, or guardian may also report concerns regarding bullying to a teacher, counselor, other school employee, or to any parent chaperoning or supervising a school function or activity. Any report of bullying shall remain confidential.
Any teacher, counselor, bus driver, or other school employee, whether full or part time, and any parent chaperoning or supervising a school function or activity who witnesses bullying or who learns of bullying from a student shall report the incident to a school official. A verbal report shall be submitted by the employee or the parent on the same day as the employee or parent witnessed or otherwise learned of the bullying incident, and a written report shall be filed no later than two days thereafter.
[In the case of] Retaliation against any person who reports bullying in good faith, who is thought to have reported bullying, who files a complaint, or who otherwise learned of the bullying incident, a written report must be filed no later than two days thereafter [with whom?].
Making false reports about bullying to school officials is prohibited conduct and will result in disciplinary action.

Investigation Procedure

Timing: The investigation should begin the next school day following the day on which the written report was received and should be completed no later than 10 school days after receipt of the report. If additional information is received after the end of the 10-day period, the school official shall amend all documents and reports to reflect such information.
Parental Notification of Allegation of Bullying

Upon receiving a report of bullying, the school shall notify the parents or legal guardians of the alleged offender and the alleged victim no later than the following day.
Under no circumstances shall the delivery of this notice to the parent or legal guardian be the responsibility of an involved student. Delivery of notice by an involved student shall not constitute notice as is required by this Section.
Before any student under the age of 18 is interviewed, his parents or legal guardians shall be notified of the allegations made and shall have the opportunity to attend any interviews conducted with their child as part of the investigation. *NOTE: The school district is required to make a minimum of three (3) written attempts to the parents informing them of the interview.
All meetings with the parents or legal guardians of an alleged victim or an alleged offender shall comply with the following:

Separate meetings with the parents or legal guardians of the alleged victim and the alleged offender.
Parents or legal guardians of the alleged victim and alleged offender must be notified of the potential consequences, penalties, and counseling options.

In any case where a school official is authorized to require apparent or legal guardian of a student under the age of 18 to attend, the principal or designee shall file a complaint with the court of a competent juvenile jurisdiction, pursuant to Children’s Code Article 730(8) and 731.
A principal or designee may file a complaint pursuant to Children’s Code Article 730(1) or any other applicable ground when, in his judgment, doing so is in the best interests of the student.

Disciplinary Action

If, after a thorough investigation, the school determines that an act of bullying has occurred, inclusive of a meeting with the parent or legal guardian of the students involved, the school official shall:

Take prompt and appropriate disciplinary action, pursuant to R.S. 17:416 and 416.1, against the student that the school official determines has engaged in conduct which constitutes bullying, if appropriate.
Report criminal conduct to law enforcement, if appropriate.
If appropriate, disciplinary action will be in accordance with the St. Mary Parish School Board’s CODE OF CONDUCT for Class III behaviors.

Parental Relief

If a parent, legal guardian, teacher, or other school official has made four or more reports of separate instances, the parent or legal guardian with responsibility for decisions regarding the education of the victim may exercise an option to have the student enroll in or attend another school within the district in which the student was enrolled on the dates when at least three of the reports were submitted.
The parent shall file a request with the superintendent/designee for the transfer of the student to another school within the district.
The St. Mary Parish School System will exhaust all of its authority in ensuring that appropriate action is taken regarding acts of bullying. Furthermore, the district, following a thorough investigation, will submit written communication to all parties (i.e., victim and perpetrator), parents, or guardians of the investigation’s results along with any remedial action taken, as applicable.

CELL PHONE & ELECTRONIC TELECOMMUNICATION

The School Board recognizes that the use of cellular telephones with their rapidly developing technological advances, which now include text messaging, photography, and other features, can impair the validity of classroom assessments, violate student privacy, possibly detonate explosive devices, hamper the efforts of administrators charged with maintaining a safe and productive school environment, and severely disrupt the educational process.

No student, unless authorized by the school principal or his/her designee, shall use or operate any cellular telephone or other electronic telecommunication device, including but not limited to any facsimile system, radio paging service, mobile telephone service, intercom, electromechanical paging system, cameras, video tape recorders, MP3 player, all Bluetooth-enabled devices, watches, Apple watches, Fitbits, headphones, electronic pagers, writing tablets, any other smart device or similar electronic telecommunication device, etc., in any public elementary or secondary school building or on the grounds thereof, or on a school bus, during the regular academic day.

Any cellular telephones and/or other electronic telecommunication devices in use or operation during the regular academic day shall be confiscated by a faculty or staff member at the time of the infraction. A student's refusal to relinquish this device shall result in the student being recommended for expulsion. The confiscated device shall be held in the school's office, and the student's parents or guardian shall be contacted. Parents will be contacted to sign a release of the device within 24 hours.

A properly authorized medical device worn by a student shall not be considered a violation of this policy.

Nothing in this policy shall prohibit the use or operation by any person, including students, of any cellular telephone or other electronic telecommunication device in the event of an emergency.

As used in this policy the terms below shall be defined as follows:

An emergency means an actual or imminent threat to public health or safety that may result in loss of life, injury, or property damage.
Use or operation of a cellular telephone or other electronic telecommunication device means the device is being held by a student, or is turned on, makes an audible sound, or is in a mode capable of receiving or transmitting signals.
The regular academic day shall begin at the time students arrive on campus prior to the tardy bell and conclude upon the dismissal bell at the end of the day.
After the final dismissal bell, students are allowed to use their cell phones on campus adhering to policy usage guidelines as they are exiting the campus or enroute to after-school detention, tutoring, club meetings or any other type of extra-curricular practice session.

Students in Grades PreK - 5

Electronic Telecommunication Devices are not allowed on campus during regular school hours for any reason for students in PreK - 5th grades. The regular academic day or school hours are defined as the time a student arrives on campus until the final dismissal bell.

Consequences for Violation: All violations--The electronic telecommunication device/cell phone will be confiscated by school officials, and parents will be contacted to sign for a release of the device within 24 hours.

Students in Grades 6 - 12

Use or operation of electronic telecommunication devices is not permitted on any school bus used to transport public school students.
Use or operation of electronic telecommunication devices is not permitted from the time students arrive on campus until the final dismissal bell rings.
Electronic telecommunication device usage for any purpose is not permitted during school hours. The regular academic day school hours are defined as the time a student arrives on campus until the final dismissal bell. Use or operation includes but is not limited to the following:
Any visual and/or audible signal during school hours, and/or the phone is turned on.
Talking, sending, or receiving text messages, listening to music, taking, or receiving pictures/video on the phone.
Students choosing to bring an electronic telecommunication device to campus must secure it in the off position completely powered down in a car or school locker during school hours.
Violators of the usage guidelines will be assigned appropriate consequences.

After-School Cell Phone-Electronic Telecommunication Devise Usage

After the final dismissal bell, students are allowed to use their cell phones on campus adhering to usage guidelines as they are exiting the campus or enroute to after-school detention, tutoring, club meetings or any other type of extra-curricular practice session.
Students that participate in extra-curricular organizations or are assigned to after-school detention or any type of tutoring or after-school class, etc., will power their cell phones/electronic telecommunication devices off before entering the class, meeting, or practice session, etc.
Students will leave them off inside their pockets, bookbags, or binders, etc. until the class or session is dismissed.
Extra-curricular organization sponsors will specify the guidelines that allows or doesn't allow members to use their electronic telecommunication devices/cell phones after they arrive at their after-school meetings, practice sessions or at games or events, etc.
Violators will be assigned the appropriate consequences.

Consequences for Cell Phone Violations:

First violation: The electronic telecommunication device/cell phone will be confiscated by school officials. Parents will be contacted to sign a release of the device within 24 hours. The student will be assigned a two (2)-hour detention.
Second violation: The electronic telecommunication device will be confiscated by school officials. Parents will be contacted to sign a release of the device within 24 hours. The student will be assigned a four (4) hour detention.
Third violation: The electronic device/cell phone will be confiscated by school officials. Parents will be contacted to sign a release of the device within 24 hours. The student will receive one (1) day of in-school suspension.
Fourth violation: The electronic device/cell phone will be confiscated by school officials. Parents will be contacted to sign a release of the device within 24 hours. The student will receive two (2) days of in-school suspension.
Fifth violation: The electronic device/cell phone will be confiscated by school officials. Parents will be contacted to sign a release of the device within 24 hours. The student will receive three (3) days of in-school suspension pending a disciplinary hearing with Child Welfare and Attendance Officers.
Failure to release the electronic telecommunication device/cell phone to school officials for violating the policy will result in a suspension pending a hearing with the Child Welfare and Attendance Officers.

NOTE: All confiscated electronic telecommunication devices will be held securely in the school's office.

Unauthorized Videos or Pictures

Students that take unauthorized pictures or make videos of students or school board employees on campus, on school buses, while under school supervision or at school related events that violate school board policy will be assigned to ISS or suspended pending a disciplinary hearing. This includes unauthorized pictures or videos that are shared electronically or posted on social media.

Emergency Crisis Electronic Telecommunication Device/Cell Phone Policy

Nothing in this policy shall prohibit the use and operation by any person, including students, of any electronic telecommunication device in the event of an emergency. Emergency shall mean an actual or imminent threat to public health or safety that may result in loss of life, injury, or property damage.

DEVICE and COMPUTER student use AGREEMENT

Term of Use of the Mobile Device. The student shall be granted use of the mobile device while enrolled in St. Mary Parish Schools, but no later than the end of current school year. SMPS reserves the right to terminate the Agreement at any time and for any reason. The use of the laptop shall be governed by the School Board Policy – Computer and Internet Use for Employees. The mobile device is being issued to the student solely for educational use and any use that is deemed inconsistent with this purpose as determined by school administrators or by SMPS personnel, or that is in violation of School Board policies, State or Federal law will be considered a material breach of this Agreement, requiring that the mobile device be returned immediately to SMPS.
Return of Mobile Device to SMPS. Student’s right to use the mobile device will terminate and Student and Parent must return the mobile device to SMPS upon the occurrence of any of the following events:
1. - Student use of the mobile device expires at the end of the current school year.
  - Students cease to be enrolled in Mary Parish Schools.
  - SMPS provides Student with notice that the mobile device must be returned.
  - Student is found to have violated School Board policies, State or Federal law as provided in Section 1 above; or
  - Student fails to perform any of his/her obligations under this Agreement.

If mobile device is not returned, Student and Parent shall be liable to SMPS immediately upon demand for the payment of the full replacement value of the mobile device.

1. Loss or Misuse of Data/Information on Devices. Protection and backup of data on the mobile device is the Parent and Student's sole responsibility. SMPS shall not be liable for loss of data. If a device must be restored due to a malfunction or repair, data stored on the device could be lost. At any time during the term of this Agreement and upon return of the mobile device.
2. Alterations and Attachments. Student and Parent may not make any alterations in or add attachments, hardware, or software to the mobile device computer absent express permission from SMPS, which permission is at the sole option of SMPS.
3. Notification of Loss, Damage, or Malfunctioning. Student and Parent agree to immediately notify the designate school site personnel upon the occurrence of any loss to, damage to, or malfunctioning of any part of the mobile device for any reason. If a device is stolen outside of school premises/grounds parent shall contact the police department and shall file a police report and provide a copy of the police report to designated school site personnel.
4. Damage or Loss of Mobile Device. Student and Parent shall be responsible for any loss or damage to the mobile device, from the time the delivery of the mobile device is accepted and until the mobile device is returned SMPS. If the mobile device computer is lost, stolen, destroyed, or damaged where the repair costs exceed the value of mobile device, then the Student and Parent shall be liable to SMPS immediately upon demand for the payment of the full replacement value of the mobile device at the time of loss. If part of the mobile device is damaged but repairable the Student and Parent shall be liable for the expense of repairing that item(s), if not covered by the manufacturer's warranty.
5. Technology Recovery Fee. Student and Parent understand and agree that they are bound by and agree to the Technology Recovery Fee schedule detailing repair costs for the different mobile devices and peripherals.
6. Ownership and Privacy. The mobile device computer is and shall remain SMPS property. Therefore, Student and Parent shall permit persons designated by SMPS to examine the mobile device computer and its content at any time for any reason, including but not limited to inspection, maintenance, repair, upgrading, and/or software installation. Neither the Student nor the Parent have any right to privacy of any data saved on the mobile device or in any SMPS network. SMPS may, without prior notice or consent, log, supervise, access, view, monitor, and record use of student devices at any time for any reason.
7. Annual Technology Fee. To receive a mobile device, Students are required to pay a technology fee. The technology fee covers repair of device malfunction; it does NOT cover repair from neglect or abuse, loss, or damage of the peripherals (i.e., charger, case, keyboard, etc.), or replacement of the device.

TECHNOLOGY AND COMPUTER RELATED VIOLATIONS

Class I Violations

Technology and computer-related Violations include, but are not limited to:

Accessing or facilitating the access of a computer, electronic device, or networked resource without authorization.
Computer use inconsistent with educational usage or goals, or any use that violates applicable copyright laws.
Modifying and/or distributing student data and/or records (including grades) or Personally Identifiable Information (PII) without authorization.
The introduction of viruses, malware, or other illegal/inappropriate software, including unauthorized network monitoring or hacking tools.
The act of engaging in surveillance of an individual, including the use of a computer’s camera or microphone or unauthorized remote desktop or keystroke logging software.
Utilizing a computer, electronic device, or network resource to send threats or engage in illegal activities.
These are only a few examples of violations committed through electronic means. School administration will evaluate and determine the appropriate level infraction to the Student Code of Conduct.

Class II Violations

Technology and computer-related Violations include, but are not limited to:

Using a computer, electronic device, or networked resource to create access, transmit, or distribute material containing profanity, lewd, pornographic, or inappropriate content and involving a minor.
The destruction or damage, either virtual or physical, of a computer, electronic device, or networked resource, including any stored data.
-Examples: Writing on the device, placing stickers on the device, removing keys from the keyboard, cracking device screen, throwing the device or purposely dropping the device
The destruction, damage, or interruption, either virtual or physical, of any district information system.
These are only a few examples of violations committed through electronic means. School administration will evaluate and determine the appropriate level infraction to the Student Code of Conduct.

For intentional damage or destruction to a device, the student will be responsible for the cost of repair or replacement and be assigned a discipline consequence.

Delinquent Students

Students who regularly disrupt the normal school environment shall be considered delinquent and may be reported by appropriate school personnel to the juvenile court. Any student that exhibits disruptive behavior, an incorrigible attitude, or any other discipline problems in general may be recommended by the principal for expulsion, assignment to an appropriate alternative educational placement, or transfer to adult education if the student is:

Seventeen (17) years of age or older with less than five (5) units of credit toward graduation.
Eighteen (18) years of age or older with less than ten (10) units of credit toward graduation; or
Nineteen (19) years of age or older with less than fifteen (15) units of credit toward graduation.

Drug Free zone: substance abuse

It is unlawful for anyone to use, distribute, be under the influence of, manufacture or possess any controlled substances as defined by statute on or around school property or an area within 2,000 feet of any property used for school purposes by any school, or on a school bus. These areas shall be designated as Drug Free Zones. The St. Mary Parish School Board, in cooperation with local governmental agencies, and the Louisiana Department of Education, shall designate and mark Drug Free Zones which surround all schools and school property.

REPORTS OF SUBSTANCE ABUSE

State law mandates that teachers and other school employees report suspected substance abuse in school. These cases shall be reported to the principal and the School Building Level Committee chairperson in the school. The principal must report each case of possession, distribution, sales, or manufacturing to the proper law enforcement authority. Reports shall also be made to the Student Assistance Team, who shall investigate, research, and report on instances or reports of possession of prohibited substances or beverages. Designated personnel shall report their findings along with the recommendation for treatment, counseling, or other appropriate action to the principal.

DRUG DETECTION TEAM

The Drug Detection Team shall represent a joint combined effort between law enforcement agencies in St. Mary Parish, private agencies, and the St. Mary Parish School Board. The purpose of the Drug Detection Team shall be to provide for the use of trained drug detection dogs in assisting School Board administrative personnel in locating drugs on campuses. The Detection Team shall consist of:

- The Superintendent or her designee who shall oversee the team.
- A commissioned law enforcement officer with a trained drug detection dog.
- The principal of the school where the search is being conducted.
- Such other school personnel as may be designated by the school principal.

The representative from the School Board Central Office, who shall be the director of the team, shall be responsible for all aspects of the search by the Drug Detection Team. The commissioned law enforcement officer, who is serving as the handler for the drug detection dog, shall perform his or her duties under general supervision of the director of the team. The school principal or designee shall perform the actual search for the suspected illegal drugs or other items when the presence of such, has been detected by the drug detection dog. To ensure the effectiveness of the program while safeguarding the rights of all concerned, the following components of the Drug Detection Program shall be adhered to in the detection and removal of items prohibited by law or Board policy:

- Any student arrested for intentional distribution of, or possession with intent to distribute any illegal narcotic, drug, or other controlled substance on school property shall be referred by the superintendent or his designee for testing or screening by a qualified medical professional for evidence of abuse of alcohol, illegal narcotics, drugs, or other controlled dangerous substances.
- If evidence of abuse is found, the student shall be referred to an alcohol and drug abuse treatment professional chosen by the student's parent or guardian. If the student is found by the professional to need treatment, as certified in writing by the medical professional, such documentation may be used to initiate reopening of the student's case. The St. Mary Parish School Board will take into consideration the student's agreement to receive treatment as a positive factor in the final decision relative to any final disciplinary action.
- Any student who has been expelled from any public or non-public school within or outside the State of Louisiana for possession on school property or on a school bus of a firearm, knife, or other dangerous weapon or instrument customarily used or intended for probable use as a dangerous weapon, or for possession with intent to distribute, or distributing, selling, giving, or lending while on school property or on a school bus any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law will not be admitted to a public school in St. Mary Parish until the student has enrolled and participated in an appropriate rehabilitation or counseling program related to the reason or reasons for the student's expulsion.
- The rehabilitation or counseling required by this policy shall be provided by existing or new programs that have been approved by the juvenile or family courts having jurisdiction, if applicable, or by the school system and shall be at no additional cost to the School Board.

SUBSTANCE ABUSE VIOLATIONS (Revised to inlcude THC vapes)

Possession, use, delivery, transfer, sale, or being under the influence of alcoholic beverages, mood-altering chemicals, or controlled-dangerous substances (governed by the uniform controlled dangerous substances law), drug paraphernalia, or any items used to simulate drugs, alcohol, or controlled dangerous substances (facsimile, look-alike, counterfeit) while on school premises, on school buses, or under school supervision, is expressly forbidden.

VAPING THC. Any student possessing any vaping device designed for THC or any other illegal dangerous controlled substances will be referred to the SRO or Law Enforcement for each Violation and suspended pending a disciplinary hearing with Child Welfare and Attendance Officers. The student will also be assigned additional consequences in accordance with State Laws.

CONSEQUENCES

When the principal or designee after an investigation has reasonable cause to believe that a student has violated Substance Abuse Policies, the student's parents, the Supervisor of Child Welfare and Attendance, the Drug-Free Schools and Communities Coordinator shall be contacted immediately. The school system shall request charges be brought against the student. The student shall be suspended (in-school or out-of-school suspension) from school according to the following procedures:

16 or Older. If the student is age 16 or older, the student shall be referred to the District Attorney’s Office with recommendation for Drug Court assessment. The student shall be expelled for the maximum period allowable under state and federal law for a minimum period of (4) four complete school semesters. Students shall not be allowed to return to a Parish Public School without documentation of enrollment and participation in a Rehabilitation or Counseling Program relating to the expulsion and express approval of the Parish School Board through an administrative hearing.

15 or Younger. Students less than 16 years old and in grades 6-12 shall be expelled from the Parish Public School System for the maximum period allowable under state and federal law for a minimum period of (2) two complete school semesters. The student should be referred to the District Attorney’s Office. Students shall not be allowed to return to a Parish Public School without documentation of enrollment and participation in a Rehabilitation or Counseling Program relating to the expulsion and express approval of the Parish School Board through an administrative hearing.

PK - 5. Any case involving a student in Kindergarten through Grade 5, the student shall be suspended, pending a hearing with the Supervisor of Child Welfare & Attendance, the superintendent or designee will make recommendations for disciplinary action.

Expulsion Modification. The superintendent or designee may modify the expulsion requirement on a case-by-case basis, providing that such modifications are in writing.

FIRST VIOLATION: When the principal/designee after an investigation has reasonable cause to believe that a student has violated any of the above, the student's parents, the Supervisor of Child Welfare and Attendance, the Drug-Free Schools and Communities Coordinator, and the appropriate law enforcement agency shall be contacted immediately.

The student shall be suspended (in-school/out-of-school) from school pending a hearing with parent(s)/guardian, Supervisor of Child Welfare and Attendance, Drug-Free Schools Coordinator and principal/designee shall be held before the student may be readmitted to school and an appropriate educational intervention may be assigned for the student and parent(s)/guardian(s). Failure to comply with these procedures shall result in immediate referral to the juvenile court system.

SECOND VIOLATION: When the principal/designee has reasonable cause to believe that a student has, for the second time in a school year, violated the above, the student will be expelled from the Parish Public School System for a period to be determined by the Supervisor of Child Welfare and Attendance at a hearing with the student and parent(s)/guardian.

ARRESTS and treatment

Any student arrested for possession of, or intentional distribution of, or possession with intent to distribute any illegal narcotic, drug, or other controlled substance on school property shall be referred by the school principal or designee within five days after such arrest, for testing or screening by a qualified medical professional for evidence of abuse of alcohol, illegal narcotics, drugs, or other controlled dangerous substances.

If evidence of abuse is found, the student shall be referred by the principal or his designee to an alcohol and drug abuse treatment professional chosen by the student's parent or tutor legal guardian. If the student is found by the professional to need treatment, and if the student agrees to cooperate in the recommended treatment, as certified in writing by the medical professional, such documentation may be used to initiate reopening the student's case. The school board shall take into consideration the student's agreement to receive treatment as a positive factor in the final decision relative to any final disciplinary action.

FELONY

The conviction of any student of a felony or the incarceration of any student in a juvenile institution for an act, that if committed by an adult, would have constituted a felony, shall be suspended pending a hearing with the Child Welfare and Attendance Officer with recommendation for expulsion.

FIGHTING

The St. Mary Parish School Board explicitly prohibits violence of any nature on school grounds, or in school buildings and/or while riding school buses, such prohibitions include any school-sponsored event which may be held away from the school. Students who participate in a physical altercation (i.e., fight) shall also be subject to the following procedure:

The principal/assistant principal will:

- Conduct a thorough investigation.
- Contact the parent/legal guardian of the student(s) involved. Depending on the nature/ severity of the incident the parent/guardian may be required to come to the school.
- Have the authority to:

Elementary. Assign students after a thorough investigation to the In-School Suspension Center (Grades PK - 5).

Junior and Senior High. The students will be assigned to the In-School Suspension Center and may be recommended for a disciplinary hearing.

Out-of-School Suspension. Due to extenuating circumstances, a student may be assigned to an OSS (Out of School Suspension).

Severe Fights. Fights of a more serious nature, involving weapons or where multiple students (three or more) are involved, will result in the student(s) being suspended pending a disciplinary hearing with Child Welfare and Attendance Hearing Officers which could result in an expulsion. Depending upon the extenuating circumstances, students involved in 3rd party fights may or may not be assigned to our St. Mary Parish Alternative Program.

Law Enforcement Officials. Depending on the severity of the altercation, Law Enforcement may be contacted by school administrators at their discretion of school administrators. If an arrest is made, an attempt will be made to contact a parent.

GANG MEMBERSHIP & PARAPHERNALIA POLICY

For the overall safety and general welfare of our students, the St. Mary Parish School Board explicitly discourages and strongly recommends that our students not become members of any school or community-related gang.

Students who participate in school-related gangs or who display gang-related symbols or paraphernalia will be subject to the following disciplinary procedures. The administrator will:

- Conduct a thorough investigation to verify the gang membership or association.
- Contact the parent-guardian to make them aware.
- Depending on the nature/ severity of the incident, the parent/guardian will be required to come to the school and the student will be referred to our SRO or law enforcement officials.

The administrator will have the authority to implement the following:

Elementary Grades (K-5)

- After a thorough investigation and based on the severity of the incident assign students to ISS/OSS or suspend pending a hearing if necessary.
- The student may be referred to the SRO or Law Enforcement officials for additional investigation.

Jr./Sr. High (6-12)

- After a thorough investigation and based on the severity of the incident assign students to ISS/OSS or suspend pending a hearing if necessary.
- The student will be referred to the SRO or Law Enforcement officials for additional investigation.

HAZING

The St. Mary Parish School Board prohibits the engagement of students, faculty, and staff in the involvement of hazing in any public elementary and secondary schools.

According to R.S. 17:183, “hazing” means any knowing behavior, whether by commission or omission, of any student to encourage, direct, order, or participate in any activity that subjects another student to potential physical, mental, or psychological harm for the purpose of initiation or admission into, affiliation with, continued membership in, or acceptance by existing members of any organization or extracurricular activity at a public elementary or secondary school, whether such behavior is planned or occurs on or off school property, including any school bus and school bus stop.

1. Solicitation to engage in hazing is prohibited.
2. Aiding and abetting another person who engages in hazing is prohibited.
3. The consent of the hazing victim is not a defense.
4. All students, teachers, coaches, club sponsors, and other school employees shall take reasonable measures within the scope of their individual authority to prevent hazing.

PROCEDURES

The victim of hazing shall report violators to any faculty, staff, or administrators.
Faculty, staff, and students that have knowledge of the violation of the hazing policy must report the incident to principal/assistant principal.
The principal/assistant principal shall conduct a thorough investigation.
The principal/assistant principal must report the result of his/her investigation to the Child Welfare and Attendance supervisor of his designee.

CONSEQUENCES:

Detention
In/out school suspension
Suspension pending a hearing.
Alternative school setting
Expulsion

NOTE: In cases when the victim has been severely physically, mentally, or psychologically harmed, the police department will be contacted, and criminal charges filed.

OFFENSIVE STUDENT CONDUCT AT END OF YEAR

Non-Graduating Students
Any student who commits Violations during the last ten (10) days of the school year which result in recommendations for suspension and/or expulsion shall serve the suspension and/or expulsion in the next school year.

Graduating Students

Any senior committing a school-related serious Violation (e.g., alcohol/drugs, indecent/inappropriate behavior, assault/battery of school staff, property destruction) may be excluded from year-end activities. This specifically includes, but is not limited to, participation in graduation exercises.
The principal shall also be empowered, in consultation with the Superintendent or designee, to prohibit a senior from participating in graduation exercises for non-school related activities (e.g., arrests, gang-related activities), if the principal deems that the student’s participation will unnecessarily disrupt or detract from the decorum of the graduation exercises.
When a senior is prohibited from participating in graduation exercises, the diploma may be mailed to the student at the end of the school year.
Each school in the school district with graduating seniors shall include this regulation in their senior orientation prior to the end of the year, and each senior will sign an appropriate document acknowledging receipt of these regulations. Parents will also receive a letter including information about these regulations from individual schools.
Notwithstanding any of the foregoing, the principal’s decision shall be subject to the final review and approval of the Superintendent.

REMOVAL FROM THE CLASSROOM

A student may be immediately removed from a classroom by the teacher and placed in the custody of the principal or designee if the student's behavior prevents the orderly instruction of other students or poses an immediate threat to the safety or physical well-being of students or the teacher or when a student violates the school’s code of conduct.

Upon the student being removed from class and sent to the principal's office, the principal or designee shall advise the student of the misconduct of which he or she is accused as well as the basis for such accusation, and the student shall be given an opportunity at that time to explain his or her version of the facts.
The principal or designee shall conduct a counseling session with the student as may be appropriate to establish a course of action, consistent with School Board Policy to identify and correct the behavior for which the student is being disciplined.
Any student removed from class in kindergarten through grade 6 shall not be permitted to return to class for at least thirty (30) minutes unless agreed to by the teacher.
A student removed from class in grades 7 through 12 shall not be permitted to return to class during the same class period, unless agreed to by the teacher initiating the disciplinary action.
A student removed from the classroom shall be assigned academic assignments missed and shall receive either partial or full credit for such work, upon the recommendation of the student’s teacher, if it is completed satisfactorily and timely as determined by the principal or his/her designee.
Once removed, the student shall not be readmitted to the classroom until the principal has implemented at least one or more of the following disciplinary measures:

- - - Conferencing with the principal or his designee.
    - Referral to counseling.
    - Peer mediation.
    - Referral to the school building level committee.
    - Restorative justice practices.
    - Loss of privileges.
    - Detention.
    - In-school suspension.
    - Out-of-school suspension.
    - Initiation of expulsion hearings.
    - Referral for assignment to an alternative school setting.
    - Requiring the completion of all assigned school and homework that would have been assigned and completed by the student during the period of suspension.
    - Any other disciplinary measure authorized by the principal with the concurrence of the teacher or the school building level committee pursuant to law and school board policy.

Parental Notification

The principal or his/her designee shall provide oral or written notification to the parent or legal guardian of any student removed from the classroom. Such notification shall include a description of any disciplinary action taken.

When a student has been removed from a classroom, the teacher may require the parent(s), or legal guardian(s) of the student to have a conference with the teacher or the principal or his designee. Conferences with parents may be held by telephone or virtual means. The student should not be kept out of the classroom past the suspension period assigned by the principal.
Upon the student's third removal from the same classroom, the teacher and principal shall discuss the student's disruptive behavior patterns and the potentially appropriate disciplinary measures to be taken before the principal implements such measures.
In addition, a conference between the teacher or other appropriate school employee(s) and the student's parent(s), or legal guardian(s) shall be required prior to the student being readmitted to that same classroom. The conference may be in person or by telephone or other virtual means. If such a conference is required by the school, the school shall give written notice to the parent. If the disruptive behavior persists, the teacher may request that the principal transfer the student into another setting.

Saturday Intervention Sessions

Each city, parish, or other local public-school board may adopt a policy that requires the parent or legal guardian of a student removed from the classroom to attend after school or intervention sessions with the student. Such a policy, if adopted, shall be enumerated in the code of conduct, and shall include accommodations for parents and legal guardians who demonstrate a documented inability to attend due to work or disability or other health matters pertaining to the parent or legal guardian or a family member under his care.
The school board may refer a parent who fails to attend such session to the court of competent jurisdiction in accordance with Chapter 2 of Title VII of the Louisiana Children's Code. Each time a parent is referred to the court of competent jurisdiction, the court may impose a fine of not less than twenty five dollars and not more than two hundred fifty dollars, forty hours of court approved school or community service activities, or a combination of forty hours of court-approved school or community service and attendance at a court-approved family counseling program by both a parent or legal guardian and the student, and may suspend any recreational license issued by the Department of Wildlife and Fisheries.

RESPECT STATUTE

St. Mary Parish School Board in compliance with state law will require all students in grades Pre-K-5 to address and respond to teachers, faculty and administrators using ma’am, sir, yes/no ma’am, yes/no sir, Mr., Mrs., or Miss.

Violators of the "respect statute" will have the following consequences imposed per semester/session:

1. When a student receives three (3) violations, the teacher will contact the parent.
2. When a student receives six (6) violations, the teacher will refer the student to administration for appropriate sanctions.
3. When a student reaches nine (9) violations, the teacher will refer the student to administration, a parent conference is mandatory, and appropriate sanctions imposed.

NOTE: Students will not be suspended or expelled for violations.

SMOKING: TOBACCO AND VAPING

In accordance with the Tobacco-Vaping Free Act of Louisiana, all properties owned and operated by the St. Mary Parish School District are tobacco/vaping free. “Properties” is defined as school buildings and grounds, as well as any mode of transportation owned and operated by St. Mary Parish School District. Additionally, all forms of tobacco are strictly prohibited at all school related events, whether the event is scheduled during regular school hours or after school hours. This policy refers to all persons including staff, students, and visitors.

Consequences for Smoking: Tobacco and Vaping Violations

Students who are found to be in possession of tobacco or vaping products, tobacco or vaping paraphernalia/contraband, or any smoking object/device, including but not limited to electronic cigarettes, advanced personal vaporizers, vape pens, vape mods, and all similar devices on school board property (including school vans, trucks, and/or buses) during the school day, as well as after school hours, will be subjected to the following discipline procedures.

Students with tobacco and vaping violations will be assigned to the In-School Suspension center or an OSS as follows:

1st Violation: (2) days of ISS and a mandatory virtual health video.
2nd Violation: (3) days of ISS and a mandatory, in-person (4-hr.) Saturday morning, parent-student health session with a SMPS At-Risk Interventionist or recognized, medical officials.
3^rd Violation: Citations will be issued by our SROs and the student will be suspended pending a hearing with a recommendation for a (45) day Alternative School assignment.
All other Violations: suspension pending a disciplinary hearing with Child Welfare & Attendance Hearing Officers with a (45) day Alt. Program recommendation.
Any failure to complete the mandatory health video course or in-person health session by the assigned deadline will result in an added day or days of in-school suspension until the consequences are completed as specified.
Any student caught selling vapes or vaping/tobacco products will be suspended pending a disciplinary hearing and will be required to attend a mandatory in-person health session.
Parental permission to use tobacco/vaping products or have tobacco/vaping paraphernalia/contraband does not exempt a student from this policy.

Administrative Procedure for Processing Students

The principal/assistant principal will:

Confiscate the vaping devices or tobacco products and all related paraphernalia.
Call the parent/legal guardian of the student to come to the school for a conference on the day of the infraction.
Assign the student to the in-school suspension center or an OSS depending on the extenuating circumstances.
Assign and explain the health educational video requirements or in-person health session which is mandatory for the student to complete. The parent-guardian and student will both be required to attend the (4-hr. Sat. morning) in-person health session.
Have the parents sign the appropriate documentation.
Make a copy of the signed documentation.
E-mail or call and send a copy of the signed documentation to the SMPS At-Risk Intervention Department for scheduling.
Check for student certificate of completion.

Note: This policy also includes random parking lot searches; if vaping devices, tobacco, or paraphernalia is visible or found in a vehicle driven by the student, the student may also be subject to the above discipline procedures.

Contraband Items

Cigarette(s)
Cigars/ Tobacco Products
Electronic cigarette(s)
Vaping Devices (nicotine and THC/illegal substances, etc.)
Lighters
Matches
Pipes
Chewing / Smokeless Tobacco
Rolling Papers

STUDENT SEARCHES

The St. Mary Parish School Board is the exclusive owner of all public school buildings and all desks or lockers within the building assigned to any student and any other area of any public school building or grounds set aside specifically for the personal use of the students.

Therefore, the St. Mary Parish School Board authorizes any teacher with permission of the principal, administrator, or others designated by the Superintendent or designee, to search any public school building, desk, locker, area, or grounds for evidence that the law, a school rule, or school board policy has been violated.

The acceptance and use of locker facilities or the parking of privately owned vehicles on school campuses by students constitutes implied consent by the student to the search of such locker facilities or vehicles by authorized school personnel, if there exists an articulable reasonable suspicion that a law, a school rule, or a school board policy has been violated. The search of a motor vehicle needs a more serious reason than that required of ordinary school facility searches.

The St. Mary Parish School Board authorizes any teacher with permission of the principal, administrator, or others designated by the Superintendent or designee, to search the person of a student or his or her personal effects when, based on the attendant circumstances at the time of the search, there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, a school rule, or a school board policy. (For example, weapons, illegal drugs, alcoholic beverages, nitrate-based inhalants, stolen goods, etc.). Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and not excessively intrusive in light of the age or sex of the student and the nature of the suspected offense.

When requested by school officials, the St. Mary Parish School Board authorizes any teacher with permission of the principal, administrators, and/or law enforcement agencies to conduct general or random searches by drug detection devices, hand held or stationary metal detectors, of any student or non-student, of any bag, parcel, purse, vehicle, book sack, container, etc., that may be brought onto school board property, a school bus, and/or to any school-sponsored activity when there is reasonable suspicion that such person has any weapons, illegal drugs, alcoholic beverages, nitrate-based inhalants, stolen goods, or other materials or objects the possession of which is a violation of the law, a school rule, or a school board policy. Each year the building principal shall notify students, non-students, patrons, etc., of the possible use of detection devices. Their attendance at gymnasiums, buildings, stadiums, grounds, school, or other school board property, to attend athletic events or other activities scheduled, constitutes acceptance of this policy.

Upon the seizure of any firearm, bomb, knife, or other instrument which can be used as a weapon and the careless use of which might inflict harm or injury or any controlled dangerous substance as defined in R.S. 40:961(7), the principal or his or her designated administrator shall report the confiscation of such instruments or material to the appropriate law enforcement officials and said confiscated item(s) shall be retained and secured by the school principal in the evidence bag to prevent the destruction, alteration or disappearance of said items. The confiscated item(s) shall immediately be turned over to the appropriate law enforcement authority and a receipt for the items shall be obtained from the law enforcement authorities.

Even when the law enforcement authorities notify the principal that the instruments and materials confiscated need not be retained, said item(s) shall still be retained in the evidence bag and turned over to the law enforcement authorities to dispose of as they see fit.

All items seized maybe used in school disciplinary actions if deemed appropriate by the principal. It should be noted that a student under the influence of alcoholic beverages or drugs, shall be deemed in possession of the respective contraband, and hence subject to the appropriate school/legal penalties. A written report of all searches and seizures shall be prepared and filed by the principal.

TARDY POLICY

The following procedures are designed to ensure the enforcement of tardiness regulations and include the consequences for excessive tardy violations.

DEFINITION:

A student shall be considered tardy to class if the student is not in the classroom when the bell to begin class ceases.

A student shall be considered late to school if the student is not in his or her homeroom/first period class when the bell to begin the homeroom/class ceases.

TARDY TO CLASS

Tardy notices for being late to class are accumulated on a semester basis. Extenuating circumstances presented at a parent-principal conference may be given consideration by the administration and teacher to extend the limit.

CWA interventions or hearings will be requested for excessive late-to-school tardies that students accumulate and not for excessive tardies accumulated when students arrive to class late during transitions from one class to another.

	HIGH SCHOOL (9-12)	JUNIOR HIGH (GRADES 6-8)
Tardy to Class 1	The principal shall warn the student of the consequences of future tardies.	The teacher will warn the student of future consequences.
Tardy to Class 2	The student shall be assigned two hours of detention in SAC.	The teacher will contact parents to warn them of future consequences.
Tardy to Class 3	The student will be assigned four hours of detention in SAC.	Parents notified, and the student assigned two hours of detention in SAC.
Tardy to Class 4	The student will be assigned four hours of detention in SAC.	The teacher will conference with the student to warn him/her of future consequences.
Tardy to Class 5	The student will be assigned four hours of detention in SAC.	The teacher will contact parents to warn them of future consequences
Tardy to Class 6	The student assigned four hours in SAC, and parent-principal conference held before the student may continue in school.	Parents notified for a conference with the principal and the student assigned four hours SAC.
Tardy to Class 7	Four (4) hours of SAC will be assigned for all tardies to class after six.	The administrator will conference with the student to warn him/her of future consequences.
Tardy to Class 8	Four (4) hours of SAC will be assigned for all tardies to class after six.	The administrator will conference with parents to warn them of future consequences.
Tardy to Class 9	Four (4) hours of SAC will be assigned for all tardies to class after six.	The student will be assigned four hours SAC.
Tardy to Class 10+	Four (4) hours of SAC will be assigned for all tardies to class after six.	Four hours SAC will be assigned for all tardies after nine.

VIRTUAL INSTRUCTION: discipline procedures

The School Board has made virtual classes available to students including those established in response to the COVID-19 pandemic. Such virtual instruction may be continued thereafter, particularly in cases when school is closed due to inclement weather, disasters, and other emergencies. The provisions of this policy and those of all student handbooks and codes of conduct shall be applicable to misconduct, whether on-campus, during virtual instruction, on a school bus, on the streets to and from school, or at a school event or activity.

The St. Mary Parish School Board has extended its on-campus conduct expectations to the virtual classroom, with a few modifications that factor in the home setting. Regular school attendance is required, and students are expected to log into classes each day. Conduct that is unacceptable and which would lead to the imposition of discipline in the regular classroom is typically unacceptable in the virtual classroom as well. Regardless of the model of instruction, student conduct is governed by La. Rev. Stat. Ann. §17:416 and the Student Code of Conduct and/or Student Handbook. At the same time, for alleged misconduct which occurs during virtual instruction, school-based administrators shall consider the need for maintaining order and appropriate conduct, the school’s interest being impacted, and the student’s and family’s right to privacy and constitutional rights while at home or in a location that is not school property.

A student and his/her family shall not waive their constitutional rights by electing virtual instruction. At the same time, students engaging in virtual instruction shall ensure that, prior to logging into and during any virtual classroom, the view from their camera is free of any object, writing, picture, or other display which, if possessed on school buses, in the classroom, or on school property, would subject the student to disciplinary action.

Students are cautioned that the virtual classroom is for instruction and for engaging with peers and teachers for educational purposes. Students must not handle or display items, toys, messages, images, or personal property or engage in conduct unrelated to the lessons taking place. Students who engage in conduct in the virtual classroom that violates the Student Code of Conduct, and this Virtual Discipline policy may be subject to discipline in accordance with the Student Code of Conduct and this Policy.

In addition, a student’s work should reflect the effort of the student alone. Those rules/policies governing academic honesty as well as those prohibiting cheating apply equally in a virtual setting. All academic work should be completed by the student to ensure the ability to accurately measure the achievement of minimum standards necessary for credit/promotion.

The following non-exclusive list of behaviors are prohibited in the virtual classroom and may result in disciplinary action:

- Bullying and/or cyberbullying
- The use of harassing or discriminatory language
- Use of obscene language, profanity, inappropriate language, writing or drawings
- Displaying obscene gestures, drawings, images, audios, videos, etc.
- Academic dishonesty, cheating, i.e., sharing work, answers, etc.
- Displaying pornography or nudity, whether in a printed or digital context
- Committing lewd or sexual acts or simulations*
- Repeated disruptions of the classroom
- Display of nudity, indecent dress, disrobing, etc.
- Exhibiting disrespect for the teacher or other school personnel
- Interference with the instructional audio or video
- The handling or display of weapons or facsimile weapons*
- Use or display of drugs, alcohol, tobacco, or vaping devices.
- Divulging confidential information
- Violation of computer/password security
- Violations of the School Board’s/School’s Acceptable Use Policy or Device Contract

The context in which student behavior occurs is important, however, and will be taken into consideration by School and District administrators in determining whether there has been a violation of the Code of Conduct.

As with all other forms of misconduct, the level of discipline, if any, for violations in a virtual setting will depend upon the age of the student, seriousness of the violation, the disruptive nature of the misconduct, whether the conduct involved violence or the threat of violence, whether the misconduct impacted the safety or orderly environment of the classroom, the student’s prior disciplinary record, etc.

Students receiving virtual instruction at home are exempt from mandatory recommendations for expulsion.

School and/or district officials may be required, as mandatory reporters, to alert local law enforcement and/or the Department of Children and Family
Services if they observe conduct, messages, images, or objects that raise legitimate concern for the safety and well-being of students in the virtual classroom. This may include students handling weapons in the virtual classroom, even if it is subsequently learned that the weapon is a toy or facsimile, as it is not always possible to determine remotely whether the weapon is real or not.

Student Code of Conduct Review

THE RESPONSIBILITY OF STUDENTS, PARENTS, AND SCHOOLS

Reports to the Principal

CLASS I BEHAVIORS

Class I Violations

CLASS II BEHAVIORS

Class II Violations

Class III behaviors

Parent Conferences

CORPORAL PUNISHMENT GUIDELINES

IMPERMISSIBLE CORPORAL PUNISHMENT

STUDENT ADJUSTMENT CENTERS

SUSPENSION

APPEALS

SUSPENSION FOR DAMAGES TO PROPERTY

MANDATORY SUSPENSION

Firearms, Knives, Other Dangerous Instrumentalities, Drugs

SUSPENSION NOT APPLICABLE

CREDIT FOR SCHOOLWORK MISSED

INDEFINITE SUSPENSION

EXPULSION

Parental Appeal

Parental Appeal (District Court)

Required Expulsions

Additional Reasons for Expulsion

Readmittance Following Expulsion

ST. MARY PARISH ALTERNATIVE PROGRAM (SMPAP)

Battery Upon a School Employee

BULLYING, HARASSMENT, INTIMIDATION, AND THREATS

Reporting Incidents

Investigation Procedure

Disciplinary Action

Parental Relief

CELL PHONE & ELECTRONIC TELECOMMUNICATION

Students in Grades PreK - 5

Students in Grades 6 - 12

After-School Cell Phone-Electronic Telecommunication Devise Usage

Consequences for Cell Phone Violations:

Unauthorized Videos or Pictures

Emergency Crisis Electronic Telecommunication Device/Cell Phone Policy

DEVICE and COMPUTER student use AGREEMENT

TECHNOLOGY AND COMPUTER RELATED VIOLATIONS

Class I Violations

Class II Violations

Delinquent Students

Drug Free zone: substance abuse

CONSEQUENCES

ARRESTS and treatment

FELONY

FIGHTING

GANG MEMBERSHIP & PARAPHERNALIA POLICY

Elementary Grades (K-5)

Jr./Sr. High (6-12)

HAZING

PROCEDURES

CONSEQUENCES:

OFFENSIVE STUDENT CONDUCT AT END OF YEAR

Graduating Students

REMOVAL FROM THE CLASSROOM

Parental Notification

Saturday Intervention Sessions

RESPECT STATUTE

SMOKING: TOBACCO AND VAPING

Consequences for Smoking: Tobacco and Vaping Violations

Administrative Procedure for Processing Students

Contraband Items

STUDENT SEARCHES

TARDY POLICY

DEFINITION:

TARDY TO CLASS

HIGH SCHOOL (9-12)

JUNIOR HIGH (GRADES 6-8)

VIRTUAL INSTRUCTION: discipline procedures

Parental Notification