FILE: JCAA
DUE PROCESS
Due process, though a basically flexible and imprecise concept, shall be defined as
fair and reasonable approaches to all areas of student governance and discipline
on the part of all school officials.
The Tangipahoa Parish School Board recognizes that observance of applicable
substantive due process entails two basic considerations: (1) any objective sought
relative to student governance must be legally defensible, i.e., based upon a
rational or compelling state interest; and (2) the means taken to accomplish such
objective must be within the constitutional limitations applicable to the in loco
parentis position of school officials within the school district. To assure compliance
with these two substantive aspects, the Board has endorsed the following as
applicable to all policies, rules and regulations.
1.
Each local rule or regulation shall have as its purpose a legally defensible
objective.
2.
Each local regulation shall be based on Board policy.
3.
All policies, rules and regulations at any level shall be consistent with
ordinances, statutes of the State of Louisiana and administrative regulations
of duly authorized agencies, e.g., Louisiana Board of Elementary and
Secondary Education (BESE) or Louisiana Department of Education, U.S.
Department of Education.
4.
Both policies of the Board and regulations designated by local school
administrators shall be specific and precise.
5.
No Board policies or local school codes of conduct shall deny any student
his/her constitutional rights.
6.
Discharge of administrative responsibilities and exercise of authority shall
recognize applicable legal parameters placed upon the in-loco parentis
position of school officials.
7.
To be fair and reasonable in a legal sense, all exercise of administrative
authority or that of other school officials, i.e., classroom teachers, shall be
capable of withstanding close judicial scrutiny relative to freedom from
arbitrary, capricious, discriminatory or otherwise illegal practices
The area of procedural due process within the school district shall relate primarily
to the area of discipline and disciplinary measures, e.g., corporal punishment,
short-term suspension, long-term suspension and expulsion.
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The degree of procedural due process afforded in each of the above situations
shall be dependent upon two vital factors: (1) the gravity of the offense a student is
alleged to have committed; and (2) the severity of the contemplated penalty. For
example, a much greater degree of procedural due process shall be applicable in
an expulsion situation than in one where the penalty is a short-term suspension.
Under due process, each student shall be guaranteed a fair hearing, a fair
judgment, a written record of the decision and a notice of his/her right to appeal.
This is applicable to the serious penalties such as suspension.
The full protection of procedural due process shall be afforded any student facing
possible long-term suspension or expulsion. In both of these situations, the Board
shall follow an adversary type procedure with legal counsel permitted, crossexamination, transcribed record of the hearing, and related safeguards.
Ref:
U.S. Constitution, Amend. XIII
U.S. Constitution, Amend. XIV, Sec.1
Ingraham v. Wright, 97 S.Ct. 1401 (1977)
Goss v. Lopez, 95 S.Ct. 729 (1975)
Carey v. Piphus, 98 S.Ct. 1042 (1978)
Dixon v. Alabama State Board of Education, 2294 F. 2d 150 (5th Cir. 1961)
Board of Curators of the University of Missouri v. Horowitz, 98 S.Ct. 948
(1978)
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