2006 Louisiana Laws - RS 17:416.2 — Supervision of suspended students; alternative education programs

§416.2.  Supervision of suspended students; alternative education programs

A.  Effective July 1, 1995, and thereafter and except as otherwise provided by Subsection B of this Section, any student suspended or expelled from school pursuant to the provisions of R.S. 17:416 shall remain under the supervision of the governing authority of the school system taking such action using alternative education programs for suspended and expelled students approved by the State Board of Elementary and Secondary Education; however, no school system shall be liable for any student attending an alternative education program at a location other than a school site.

B.(1)  Any school system unable to comply with the provisions of Subsection A of this Section for economically justifiable reasons as defined by the State Board of Elementary and Secondary Education may apply to the board on a school year to school year basis for a waiver from the requirements of these provisions.

(2) The State Board of Elementary and Secondary Education shall take under review and consideration any request for such a waiver; however, no approval shall be granted by the board until the state superintendent of education has certified the accuracy and validity of the information submitted to justify the request.

C.  For purposes of this Section, alternative education programs may mean programs designed to offer variations of traditional instructional programs and strategies for the purpose of increasing the likelihood that students who are unmotivated or unsuccessful in traditional programs or who are disruptive in the traditional school environment remain in school and obtain a high school diploma.  Alternative programs may include but not be limited to programs that hold students to strict standards of behavior in highly structured and controlled environments, sometimes referred to as "boot camps", "police schools", or "court schools".

D.  The State Board of Elementary and Secondary Education shall adopt the necessary rules and regulations to provide for the implementation of the provisions of this Section.

E.  Notwithstanding any provision of R.S. 17:158 to the contrary, a school system shall not be required to provide transportation to any student suspended or expelled from school pursuant to the provisions of R.S. 17:416 and remaining under the supervision of the governing authority of the school system taking such action pursuant to Subsection A of this Section if providing such transportation for the student will result in additional transportation costs to the school system.  No school system shall be liable for any suspended or expelled student providing his own transportation pursuant to the provisions of this Section.

F.  Any expelled student attending an alternative education program and exhibiting disorderly conduct shall be dismissed from the alternative education program and shall not be permitted to return to the alternative education program until his period of expulsion has ended.

G.  The provisions of this Section shall not be applicable to any student suspended for up to ten days.

Added by Acts 1975, No. 762, §1; Acts 1994, 3rd Ex. Sess., No. 102, §1, eff. July 7, 1994; Acts 1995, No. 671, §1.