EQUITABLE EDUCATIONAL OPPORTUNITIES
EQUITABLE EDUCATIONAL OPPORTUNITIES
The St. John the Baptist Parish School Board directs that all students enrolled in the schools under its jurisdiction shall be afforded equal educational opportunities in strict accordance with law. No student shall be denied access to or benefit from any educational program or activity or from a co-curricular or athletic activity on the basis of the student’s race, color, creed, religion, national origin, ancestry, age, marital status, affectational or sexual orientation or sex, social or economic status, or disability. The School Board shall assure that all student are free from harassment, sexual or otherwise.
The St. John the Baptist Parish School Board is committed to the success of all students and to achieving the goal of ensuring that students are ready for college, career and life. To accomplish this, the School Board shall provide an equitable educational environment for all students.
For purposes of this policy, equity means providing the opportunities and resources required for student success. The concept of educational equity goes beyond simple equality, where all students are treated the same, to fostering a barrier-free environment in which all students, regardless of their background or personal attributes are extended both the opportunities and resources required for success. In addition, the School Board seeks to eliminate any practices throughout the School District that perpetuate disparities among students so that no student shall be prevented from achieving their full potential.
In committing to provide equitable educational opportunities for all students in all of its schools, the School Board establishes the following objectives:
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To raise the achievement of all students
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To allocate resources to meet the needs of students who require additional educational support to achieve academic success
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To allocate resources to extend opportunities so that advanced students achieve their full potential
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To provide culturally responsive education
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To significantly reduce the racial disproportionality within all aspects of education, including student discipline, special education and advanced programs
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To ensure all students, regardless of race, socioeconomic class, and other factors have the opportunity and resources to succeed, in a career or in continued learning
The Superintendent shall be authorized to develop regulations, procedures and practices to implement this policy, including an action plan with clear accountability. The Superintendent shall report to the School Board at least annually on progress toward equity throughout the School District.
Pursuant to School Board policy, incidents of sexual harassment and/or intimidation and harassment and/or intimidation because of a student's race, color, national origin, or disability are prohibited and procedures are provided for reporting and investigating such incidents and for the disposition thereof.
Adopted: September 21, 1978
Revised: October, 2002
Revised: August 4, 2022
Ref: 20 USC 1401 et seq. (Individuals with Disabilities Education Act)
20 USC 1681 et seq. (Title IX of the Education Amendments of 1972)
29 USC 621 et seq. (Age Discrimination in Employment)
29 USC 794 (Nondiscrimination under Federal Grants and Programs)
42 USC 1983 (Civil Action for Deprivation of Rights)
42 USC 2000c (1-9) (Civil Rights-Public Education)
42 USC 2000d (1-6) (1964 Civil Rights Act)
La. Rev. Stat. Ann. §§17:111, 46:2254
Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1969)
San Antonio Independent School District v. Rodriguez, 93 S.Ct. 1278 (1973)
Ross v. Moffitt, 94 S.Ct. 437 (1974)
Regents of University of California v. Bakke, 98 S.Ct. (1978)
St. John the Baptist Parish School Board
TITLE IX SEXUAL HARASSMENT
TITLE IX SEXUAL HARASSMENT
The St. John the Baptist Parish School Board desires to provide a safe school environment that allows all students equal access and opportunities in the School District's academic, extracurricular, and other educational support programs, services, and activities. The School Board does not discriminate on the basis of sex in the education programs and activity that it operates. The School Board is required by Title IX of the Education Amendments of 1972 (Title IX) and Part 106 of Title 34 of the United States Code of Federal Regulations not to discriminate on the basis of sex in the education program or activities that it operates, including admission and employment. The School Board recognizes that sexual harassment is a form of discrimination on the basis of sex and the School Board prohibits sexual harassment as defined by Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations.
Any person may report discrimination based on sex, including sexual harassment, in person, by mail, by telephone, or by electronic mail to the School Board’s Title IX Coordinator at any time, including during non-business hours. Any School Board employee who has actual knowledge of sexual harassment must report the conduct to the Title IX Coordinator. The St. John the Baptist Parish School Board’s Title IX Coordinator’s name and contact information is provided to applicants for admission and employment, students, parents or legal guardians, school students, employees, and published in the Student Code of Conduct, and on the School Board’s website. All reports of Title IX Sexual Harassment will be handled according to the Grievance Procedure established in accordance with 34 CFR 106.45. Reports of and inquiries regarding unlawful sex discrimination may also be made to the Assistant Secretary for Civil Rights of the U.S. Department of Education, 400 Maryland Ave., SW, Washington, DC 20202-1100, Email: [email protected] 1-800-421-3481. The School Board’s Title IX Coordinator shall be authorized to coordinate the School Board’s Title IX obligations.
DEFINITIONS
As used in this policy:
Actual knowledge means notice of sexual harassment or allegations of sexual harassment to any employee of the School Board. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the School Board with actual knowledge is the respondent.
Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
Formal complaint means a document filed by a complainant, the parent or legal guardian of a complainant on behalf of their minor child, or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the School Board investigate the allegation of sexual harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the St. John the Baptist Parish School Board with which the formal complaint is filed. A report of sexual harassment as described above does not constitute a formal complaint; however, every report of sexual harassment will be reviewed by the Title IX Coordinator, who will advise a complainant of the right to file a formal complaint and the procedure for doing so. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator under and by any additional method designated by the School Board. As used in this paragraph, the phrase document filed by a complainant means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the School Board) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator shall not be a complainant or otherwise a party to any grievance procedure, and shall at all times comply with Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations.
Notice means whenever any employee: witnesses sexual harassment; hears about sexual harassment or sexual harassment allegations from a complainant (i.e., a person alleged to be the victim) or a third party (e.g., the complainant’s parent, friend, or peer); receives a written or verbal report or complaint about sexual harassment or sexual harassment allegations; or by any other means.
Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
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An employee of the St. John the Baptist Parish School Board conditioning the provision of an aid, benefit, or service of the St. John the Baptist Parish School Board on an individual’s participation in unwelcome sexual conduct;
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Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the St. John the Baptist Parish School Board’s education program or activity; or
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Sexual assault as defined in 20 USC 1092, dating violence as defined in 34 USC 12291, domestic violence as defined in 34 USC 12291, or “stalking” as defined in 34 USC 12291.
Conduct that does not meet the definition of sexual harassment pursuant to this policy may violate other provisions of the School Board’s code of conduct. Nothing in this policy would preclude action under any other provision of the code of conduct as may be applicable.
Supportive measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the School Board’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the School Board’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The School Board shall maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the School Board to provide the supportive measures. The Title IX Coordinator shall be responsible for coordinating the effective implementation of supportive measures.
COVERAGE
This policy applies to all students, employees and non-employee volunteers, to the elected members of the School Board, and to all students of the St. John the Baptist Parish School District. It applies at school, and locations, events, or circumstances over which the School Board has exercised substantial control over both the respondent and the context in which sexual harassment occurs. This policy does not apply to locations, events, or circumstances occurring outside of the United States.
TITLE IX COORDINATOR
The Superintendent shall designate and authorize a “Title IX Coordinator” to coordinate the St. John the Baptist Parish School Board’s efforts to comply with Title IX and Part 106 of Title 34 of the United States Code of Federal Regulations. The Title IX Coordinator shall undergo and receive all training required by Part 106 of Title 34 of the United States Code of Federal Regulations. The name, office address, electronic mail address, and telephone number of the Title IX Coordinator shall be published as required by Part 106 of Title 34 of the United States Code of Federal Regulations.
RESPONSE TO SEXUAL HARASSMENT
If the St. John the Baptist Parish School Board has actual knowledge of sexual harassment in an education program or activity, then the Title IX Coordinator shall be informed and the Title IX Coordinator shall offer supportive measures and follow the grievance procedures adopted pursuant to this policy.
The Superintendent and/or the Title IX Coordinator shall develop and maintain a Title IX Grievance Procedure that complies with 34 CFR 106.45, including investigation of any incident of which it has actual knowledge. The Title IX Grievance Procedure shall include the procedures to appeal any determination regarding sexual harassment under Title IX.
Nothing shall preclude the School Board from removing a respondent from the School Board’s education program or activity on an emergency basis, provided that an individualized safety and risk analysis determines an immediate threat to the physical health or safety of a complainant, student, or other individual arising from the allegations of sexual harassment justifies immediate removal. Neither shall the School Board be precluded from placing a non-student employee respondent on administrative leave during the pendency of the grievance process developed according to this policy. In both such instances the respondent shall be provided with notice and an opportunity to challenge the decision contemporaneously with or immediately following the removal. This provision shall not be construed to modify any rights under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act or regulations promulgated thereunder.
TITLE IX RECORDKEEPING
The St. John the Baptist Parish School Board shall retain for a period of seven (7) years records of each sexual harassment investigation including any determination regarding responsibility, any appeal and the result therefrom, any informal resolution and the result therefrom, and all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
For any response to actual knowledge of sexual harassment, the Title IX Coordinator shall create and maintain for a period of seven (7) years, records of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance the Title IX Coordinator shall document the basis for a conclusion that its response was not deliberately indifferent and document the measures designed to restore or preserve equal access to the School Board’s education program or activity. If no supportive measures were provided to a complainant, then the Title IX Coordinator shall document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
NONRETALIATION
Neither the St. John the Baptist Parish School Board nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or Part 106 of Title 34 of the United States Code of Federal Regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. Intimidation, threats, coercion, or discrimination, including charges against an individual for other policy violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or Part 106 of Title 34 of the United States Code of Federal Regulations, constitutes retaliation. Any complaint of retaliation pursuant to this policy should be directed to the Title IX Coordinator.
The exercise of rights protected under the First Amendment of the United States Constitution does not constitute retaliation prohibited by this policy. Charging an individual with a policy violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
CONFIDENTIALITY
Except as necessary to carry out the purposes of 34 CFR Part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder, or as may be permitted by FERPA (20 USC 1232g) its regulations (34 CFR Part 99), or as required by law, the St. John the Baptist Parish School Board shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness.
SUSPECTED CHILD ABUSE
If the victim of the alleged sexual harassment is a minor student and if the alleged harassment falls within the definition of abuse as found in School Board policy JGCE, Child Abuse, then all school employees with knowledge shall be considered mandatory reporters and the allegations must be reported to child protection or law enforcement as provided by state law and School Board policy. Such reporting shall be made in addition to any procedures for handling sexual harassment complaints.
New policy: September 17, 2020
Ref: 42 USC 2000e (Civil Rights-Definitions)
29 CFR 1604.11 (Guidelines on Discrimination Because of Sex-Sexual Harassment)
34 CFR 106 et seq. (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance)
La. Rev. Stat. Ann. §§14:41, 14:42, 14:42.1, 17:81
St. John the Baptist Parish School Board
r text here...BULLYING AND HAZING
BULLYING AND HAZING
The St. John the Baptist Parish School Board is committed to maintaining a safe, orderly, civil and positive learning environment so that no student is subject to bullying, hazing, or similar behavior while in school or participating in school-related activities. Students and their parents or legal guardians shall be notified that the school, school bus, and all other school environments are to be safe and secure for all. Therefore, all statements or actions of bullying, hazing, or similar behavior made on campus, at school-sponsored activities, or events, on school buses, at school bus stops, and on the way to and from school shall not be tolerated. Even if made in a joking manner, these statements or actions of bullying, hazing, or similar behavior towards other students or school personnel shall be unacceptable.
All students, teachers, and other school employees shall take responsible measures within the scope of their individual authority to prevent violations of this policy.
BULLYING
Bullying shall mean:
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A pattern of any one or more of the following:
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Gestures, including but not limited to obscene gestures and making faces.
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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 through the use of a telephone, mobile phone, pager, computer, or other electronic device.
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Physical acts, including but not limited to hitting, kicking, pushing, tripping, choking, damaging personal property, or unauthorized use of personal property.
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Repeatedly and purposefully shunning or excluding from activities.
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Where the pattern of behavior as enumerated above 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, at any designated school bus stop, in any other school bus or any other school or private vehicle used to transport students to and from schools, or any school-sponsored activity or event.
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The pattern of behavior as provided above shall have 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 shall 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.
Each elementary and secondary school shall institute a program to prohibit and prevent bullying. The program shall:
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Define bullying as provided above.
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Ensure each student, each student's parent or legal guardian, and each school administrator, teacher, counselor, bus operator, school employee, and volunteer is aware of his/her duties and responsibilities relative to preventing and stopping bullying.
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Provide for a process for reporting and investigating alleged incidents of bullying.
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Provide for appropriate discipline of a student found guilty of bullying.
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Provide for appropriate remedies for a student found to have been bullied.
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Provide for procedures for investigating and reporting each school administrator, teacher, counselor, bus operator, and school employee for failure to act as provided.
HAZING
Hazing shall mean any knowing behavior, whether by commission or omission, of any student to encourage, direct, order, or participate in any activity which 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. Hazing does not mean any adult-directed and school-sanctioned athletic program practice or event or military training program.
Any solicitation to engage in hazing, and the aiding and abetting another person who engages in hazing shall be prohibited. The consent, stated or implied, of the hazing victim shall not be a defense in determining disciplinary action.
NOTICE TO STUDENTS AND PARENTS
The School Board shall inform each student, orally and in writing, at the required orientation conducted at the beginning of each school year, of the prohibition against bullying, hazing, or similar behavior of a student by another student; the nature and consequences of such actions; including the potential criminal consequences and loss of driver's license, and the proper process and procedure for reporting any incidents involving such prohibited actions. A copy of the written notice shall also be delivered to each student's parent or legal guardian.
REPORTING
The principal or his/her designee shall be authorized to receive complaints alleging violation of this policy. All employees, parents, volunteers, or any other school personnel shall report alleged violations to the principal or his/her designee. Any written or oral report of an act of bullying, hazing, or similar behavior shall be considered an official means of reporting such act(s). Complaints, reports, and investigative reports of bullying, hazing, or similar behavior shall remain confidential, with limited exception of state or federal law.
The reporting of incidents of bullying, hazing, or similar behavior shall be made on the Bullying Report form, which shall include an affirmation of truth. Any bullying, hazing, or similar behavior report submitted, regardless of recipient, shall use this form, but additional information may be provided. The form shall be available on the website of each public elementary and secondary school.
Students and Parents
Any student who believes that he/she has been, or is currently, the victim of bullying, hazing, or similar behavior, or any student, or any parent or legal guardian, who witnesses bullying, hazing, or similar behavior or has good reason to believe bullying, hazing, or similar behavior is taking place, may report the situation to a school official, who in turn shall report the situation to the principal or his/her designee. A student, or parent or legal guardian, may also report concerns regarding bullying, hazing, or similar behavior to a teacher, counselor, other school employee, or to any chaperone supervising a school function or activity. Any report shall remain confidential.
School Personnel
Any school employee, whether full- or part-time, and any chaperone supervising a school function or activity, who witnesses or learns of bullying, hazing, or similar behavior, immediately shall report the incident to the principal or his/her designee. Verbal reports shall be submitted by the employee or chaperone on the same day as the employee or chaperone witnessed or otherwise learned of the incident, and a written report shall be filed no later than two (2) days thereafter.
All other members of the school community, including students, parents or legal guardians, volunteers, and visitors shall be encouraged to report any act that may be a violation of this policy to the principal or his/her designee.
False Reports
Intentionally making false reports about bullying, hazing, or similar behavior to school officials shall be prohibited conduct and shall result in appropriate disciplinary measures as determined by the School Board.
INVESTIGATION PROCEDURE
Investigations of any reports of bullying, hazing, or similar behavior of a student shall be in accordance with the following:
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Timing
The school shall begin an investigation of any complaint that is properly reported and that alleges the prohibited conduct the next business or school day after the report is received by the principal or his/her designee. The investigation shall be completed as expeditiously as possible, but not later than ten (10) school days after the date the written report of the incident is submitted to the principal or his/her designee. If additional information is received after the end of the ten-day period, the school principal or his/her designee shall amend all documents and reports required to reflect such information.
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Scope of Investigation
An investigation shall include documented interviews of the reporter, the alleged victim, the alleged bully or offender, and any witnesses, and shall include obtaining oral, visual or written evidence, including, but not limited to statements, writings, recordings, electronic messages, and photographs. Interviews shall be conducted privately, separately, and confidentially. Unless necessary for the purpose of the investigation, the alleged offender and alleged victim shall not be interviewed together.
The principal or his/her designee shall collect and evaluate all facts using the Bullying Investigation form.
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Parental Notification
Upon receiving a report of bullying, hazing, or similar behavior, the school shall notify the parent or legal guardian of each involved student no later than the following business or school day. Delivery of notice to the parents or legal guardians by an involved student shall not constitute the required parental notice.
Before any student under the age of eighteen (18) is interviewed, his/her parent or legal guardian shall be notified by the principal or his/her designee of the allegations made and shall have the opportunity to attend any interviews with their child conducted as part of the investigation.
All meetings with the parents or legal guardians of the alleged victim and the parents or legal guardians of the alleged perpetrator shall be in compliance with the following:
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Separate meetings shall be held with the parents or legal guardians of the alleged victim and the parents or legal guardians of the alleged perpetrator.
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Parents or legal guardians of the alleged victim and of the alleged perpetrator shall be informed of the potential consequences, penalties, and counseling options.
In any case where a teacher, principal, or other school employee is authorized to require the parent or legal guardian of a student who is under the age of eighteen (18) and not judicially emancipated or emancipated by marriage 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, pursuant to Louisiana Children’s Code, Article 730 or Article 731, with a court exercising juvenile jurisdiction. The principal may also file a complaint on the grounds the student is a truant or has willfully and repeatedly violated school rules, or any other applicable ground when, in his/her judgment, doing so is in the best interests of the student.
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Documentation
At the conclusion of an investigation of bullying, hazing, or similar behavior, and after meeting with the parents or legal guardians of each involved student, the principal or his/her designee or School Board shall:
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Prepare a written report containing the findings of the investigation, including input from the involved students’ parents or legal guardians, and the decision by the principal or his/her designee or school system official. The document shall be placed in the school records of each involved student.
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Promptly notify the reporter/complainant of the findings of the investigation and whether remedial action has been taken, if such release of information does not violate the law.
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Keep reports/complaints and investigative reports confidential, except where disclosure is required to be made by applicable federal laws, rules, or regulations or by state law.
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Maintain reports/complaints and investigative reports for three (3) years.
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As applicable, provide a copy of any reports and investigative documents to the School Board for disciplinary measures, or to the Louisiana Department of Education, as necessary.
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As applicable, provide a copy of any reports and investigative documents to the appropriate law enforcement officials.
During the pendency of an investigation, the school district may take immediate steps, at its discretion, to protect the alleged victim, students, teachers, administrators or other school personnel pending completion of the investigation.
Handling Evidence
Whenever an employee/administrator receives notice of a bullying or hazing, or similar behavior, any physical evidence of the act/communication shall be secured in the building administrator’s office with as little physical contact as possible. If the act/communication is in the form of graffiti, the area shall be sealed off by the building administrator. Photographs shall be taken as soon as possible. Student/public exposure shall be as minimal as possible. Graffiti shall not be removed until law enforcement has properly examined the area.
APPEAL
If the school principal or his/her designee does not take timely and effective action in any bullying incident, the student, parent or legal guardian, or school employee may report, in writing, the incident to the School Board. The School Board shall begin an investigation of any properly reported complaint that alleges prohibited conduct the next business day during which school is in session after the report is received by the School Board.
If the School Board does not take timely and effective action, the student, parent or legal guardian, or other school employee may report any bullying incident to the Louisiana Department of Education.
DISCIPLINARY ACTION
Once a report has been received at a school, and a school principal or his/her designee has determined that an act of bullying, hazing, or similar behavior has occurred, and after having met with the parent or legal guardian of the student involved, the principal or his/her designee, or applicable school official shall take prompt and appropriate disciplinary action against the student, and report criminal conduct to law enforcement. Counseling and/or other interventions may also be recommended.
Students may be disciplined for off-campus bullying, hazing, or similar behavior the same as if the improper conduct occurred on campus, if the actions of the offender substantially interfere with the education opportunities or educational programs of the student victim and/or adversely affects the ability of the student victim to participate in or benefit from the school’s education programs or activities.
PARENTAL RELIEF
If a parent, legal guardian, teacher, or other school official has made four (4) or more reports of separate instances of bullying, and no investigation pursuant to state law or this policy has occurred, the parent or legal guardian of the alleged victim may request that the student be transferred to another school operated by the School Board.
Such request shall be filed with the Superintendent. Upon receipt of the request to transfer the student to another school, the School Board shall make a seat available at another school under its jurisdiction within ten (10) school days of the parent or legal guardian's request for a transfer. If the School Board has no other school under its jurisdiction serving the grade level of the alleged victim, within fifteen (15) school days of receiving the request, the Superintendent shall:
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Inform the student and his/her parent or legal guardian and facilitate the student's enrollment in a statewide virtual school.
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Offer the student a placement in a full-time virtual program or virtual school under the School Board’s jurisdiction.
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Enter into a memorandum of understanding with the Superintendent or director of another governing authority to secure a placement and provide for the transfer of the student to a school serving the grade level of the student, in accordance with statutory provisions.
If no seat or other placement is made available within thirty (30) calendar days of the receipt of the request by the Superintendent, the parent or legal guardian may request a hearing with the School Board, which shall be public or private at the option of the parent or legal guardian. The School Board shall grant the hearing at the next scheduled meeting or within sixty (60) calendar days, whichever is sooner.
At the end of any school year, the parent or legal guardian may make a request to the School Board to transfer the student back to the original school. The School Board shall make a seat available at the original school that the student attended. No other schools shall qualify for transfer under this provision.
FAILURE TO ACT
Any teacher, counselor, bus operator, administrator, or other school employee, whether full- or part-time, who witnesses bullying or who receives a report of bullying from an alleged victim, and who fails to report the incident to a school official shall be investigated by the School Board. Upon finding a reasonable expectation that the individual failed to act, the School Board shall suspend the individual without pay. The length of the suspension shall be determined by the School Board based on the severity of the bullying inflicted on the victim. The School Board shall report each finding of a failure to report and the length of suspension issued to each employee who failed to report to the State Department of Education.
Any school administrator or official who fails to notify a parent or legal guardian of a report of bullying, timely investigate a report of bullying, take prompt and appropriate disciplinary action against a student that was determined to have engaged in bullying, or report criminal conduct to the appropriate law enforcement official shall be investigated by the School Board. Upon finding a reasonable expectation that the individual failed to act, the School Board shall suspend the individual without pay. The length of the suspension shall be determined by the School Board based on the severity of the bullying inflicted on the victim. The School Board shall report each finding of a failure to report bullying and the length of suspension issued to the employee who failed to report to the State Department of Education. The report shall be submitted by August first annually.
TRAINING
The School Board shall provide a minimum of four (4) hours of training for all new employees who have contact with students and two (2) hours of training each subsequent year for all school employees who have contact with students, including bus operators, with respect to bullying, in accordance with state statutory provisions.
RETALIATION
Retaliation against any person who reports bullying, hazing, or similar behavior in good faith, who is thought to have reported such conduct, who files a complaint, or who otherwise participates in an investigation or inquiry concerning allegations of bullying, hazing, or similar behavior is prohibited conduct and subject to disciplinary action.
CHILD ABUSE
The provisions of this policy shall not be interpreted to conflict with or supersede the provisions requiring mandatory reporting pursuant to Louisiana Children's Code, Art. 609 and as enforced through La. Rev. Stat. Ann. §14:403.
Revised: December 2, 2010 | Revised: November 15, 2018 |
Revised: March 21, 2013 | Revised: November 10, 2022 |
Revised: October 17, 2013 |
Ref: 20 USC 1232(g-i) (Family Educational Rights and Privacy Act)
La. Rev. Stat. Ann. §§14:40.3, 14:40.7, 14:40.8, 14:403, 17:105, 17:105.1, 17:183, 17:416, 17:416.1, 17:416.13, 17:416.14
La. Children’s Code, Art. 609, Art. 730, Art. 731
Davis v. Monroe County Board of Education, 119 S. Ct. 1661 (1991)
Board minutes, 9-23-04, 12-2-10, 3-21-13, 10-17-13, 11-15-18, 11-10-22
St. John the Baptist Parish School Board