LOUISIANA ASSOCIATION OF by fEuwqv

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									        LOUISIANA ASSOCIATION OF
     CHILD WELFARE AND ATTENDANCE
                PERSONNEL
         2003 WINTER CONFERENCE
             HOLIDOME HOTEL
          & CONFERENCE CENTER
            MONROE, LOUISIANA
           NOVEMBER 19-21, 2003

The below are notes were taken at the conference.
Please feel free to e-mail me any others that you
wanted added to the website for quick and ready
reference by all.

I. The Role of the Child Welfare and Attendance
Supervisor and the Compulsory Attendance Law
– Part I (Dr. David Gullatt, Louisiana Tech
University – College of Education

II. The Role of the Child Welfare and
Attendance Supervisor: Discipline and Due
Process Laws – Part II (Dr. David Gullatt,
Louisiana Tech University- College of Education

   If a student has committed vandalism, take
    pictures.
   If an incident occurs (vandalism, rape, etc.),
    all participants are guilty regardless of each
  individual’s level of involvement because all
  participants are conspirators by virtue of the
  fact they were involved in the offense.
 Case law has established that you do not have
  to name witnesses to an incident which led to
  the disciplining of a student. You simply take
  statements, which must be read into the
  record. Indicate the category of the witness
  that is being entered in the record (i.e.,
  Student #1 stated). Make sure that all
  statements are clearly labeled. Make sure all
  statements are read into the record. A court
  case was heard in Desoto Parish in which a
  district judge ruled that a parent was not
  entitled to a copy of the statements as long as
  the factual information was read into the
  record of hearing. However, should an
  appeal be heard in court, the names of
  witnesses must be given at that time, and, of
  course, witnesses could be subpoenaed to
  testify.

Handbook caveats:

   Make sure terms are defined (glossary)
   Parent has signed off on handbook receipt
   Court may overturn suspension and/or an
    expulsion if the school can not produce
  proof that the parent has signed off
  indicating receipt of the Code of Student
  Conduct and Attendance Regulation. If the
  case goes to court, procedural error.
 Goss vs. Lopez Supreme Court decision
  requires due process for both suspensions
  and recommendations of expulsion. For an
  expulsion recommendation, administrators
  must extend the due process right to having
  the student reduce his defense to writing
  while a due process of a short term
  suspension would be satisfied by having a
  student defend himself only verbally, unless
  your discipline policy requires written due
  process for suspensions as well.
 A battery of a teacher, which was
  adjudicated in the courts, would require the
  removal of a student from that school if he
  was found guilty.
 To ensure that controversy and appeal is
  usually avoided, it is essential that the Code
  of Student Conduct be revised every
  summer to keep it consistent with new
  revised statutes and Acts passed by the
  legislature.
 As the school term progresses each year, it
  is extremely important that administrators
  provide the Code of Student Conduct and
   Attendance Regulations revision committee
   (Discipline Committee) suggestions for its
   revision.

III. Gangs and Drugs on School Campuses:
     Identification and Solutions: Mr. Vernon
     Creecy, Warden, Rapides Parish Detention
     Center

     Gang members will wear gang colors as
      an undergarment (T-shirt, underwear,
      etc.)
     Gang members insist from everyone
      around them (parents, relatives,
      teachers, etc.) privacy. They don’t
      anyone to go in their room, school bag,
      or purse. They insist on privacy when
      talking on the phone or visiting with
      someone at home or away.
     Eyebrows cut indicate gang
      membership
     Upside down cross in the web area
      between the thumb and forefinger
      indicates membership in devil-
      worshiping gang/group
      Tattoo of barbed wire around the
      upper arm area indicates gang
      affiliation
        Number of braids in the person’s hair
         indicates gang identification

DRUGS


        Viagra being sold on the street
        Xanax is picking up
        Blunts (cigar laced with marijuana)

 IV. Special education- Rules, Regulations and
     Reauthorization

         Bulletin 1706 (July 2003)
         IDEA (special education services or
          eligible children (ages 3-21)
         Reevaluation- every three (3) years
         Once eligible for special education
          services eligible until reevaluation
          conducted to determine the child is no
          longer eligible.
         Reevaluation not necessary if child has
          received regular education high school
          diploma
         Parent’s refusal of special education
          services (“Signing child out in
          writing”) does not release the system
          from its obligation to provide FAPE.
  In addition, you can go to due process
  through the Louisiana Department of
  Education if a parent refuses to accept
  services for a child that you feel is in
  need for services. For an initial
  evaluation, the school system would
  have to go to court to get authorization
  for an evaluation against the parent’s
  wishes.
 A physician’s medical diagnosis does
  not suffice as an evaluation. The
  medical diagnosis may be considered
  among other sources.
 IDEA (special eduation) students are
  by definition are also covered under
  Section 504.
 Mitigating Measures’ (devices,
  practices used to correct for or reduce
  the effects of the student’s mental or
  physical impairment {eyeglasses or
  medications}) success would make a
  person who no longer experiences a
  substantial limitation in any major life
  activity when using the mitigating
  measure(s) would not meet the
  definition of a person with a disability
  under Section 504 and would not be
  entitled to FAPE.
        Students placed at an alternative site
         must be returned to a regular school
         setting after 45 calendar days unless
         kept there by a state hearing officer. If
         an incident occurs at the end of the
         school year, interim alternative
         education placement can not carry
         over to the next school year regardless
         how late the incident occurred during
         the school year.
        Students found in possession of
         weapons or drugs may be placed in an
         Interim Alternative Eduation Setting
         (IEAS) without approval of the parent.
        Regardless what you call it (parent
         asked to check the child out,
         suspension, expulsion, etc.,) FAPE
         must be provided beginning on the 11th
         day of removal during the same school
         year and thereafter during that year.
        Students found to be dangerous to self
         or others may be placed up to 45 days
        Parent informed that the school system
         can’t provide FAPE to a child can
         remove the child to another setting and
         require the system to pick up the bill.

V.   Section 504 Rehabilitation Act
    a. 504 students in the 5th Circuit as a result
       of the Turlington decision must also be
       provided FAPE after 10 days
    b. Basically, rights of 504 students are
       considered to be the same as IDEA
       students within the 5th Circuit except for
       the below:

         i. Stay put (not entitled to it)
        ii. Cessation of services (must provide
            FAPE)
       iii. Students currently using drugs (not
            considered disability under 504
            protection)

VI. School-wide Positive Behavior Support
            1. Juvenille Justice Reform Act-
               Master Discipine Plan- March 04
            2. All Louisiana schools will be
               required to develop a Master
               Discipline Plan by October 04

VII. Checklist for suspensions or expulsions

    a. Due process must be given verbally and in
       writing whether you’re positive the
       student did it or not. Otherwise,
   procedural due process not afforded to
   the student. Education is a property right
   that can not be legally denied unless due
   process validates that denial.
b. Hearing notice must contain the offense(s)
   that the child is accused of having
   committed.
c. Statute indicates that a representative can
   be present (you could limit representation
   to one person).
d. In each case of suspension or expulsion
   the school principal, or his designee, shall
   contact by telephone at the telephone
   number shown on the pupil’s registration
   card or send a certified letter at the
   address shown on the pupil’s registration
   card to the parent, tutor, or legal
   guardian. A parent must return to the
   school within 5 days of mailing the
   certified letter; otherwise, a FINS referral
   is to be submitted to the Child Welfare
   and Attendance Office. The principal
   may refuse to admit a student whose
   parent did not come in for the conference.
   Upon the occasion of any subsequent
   failure to report for a conference, the
   child shall not be readmitted unless the
       parent, tutor, legal guardian, court, or
       other appointed representative responds
    e. Suspension must be sent in the mail.
    f. Hearing notice must go out via certified
    g. mail.

VIII. A case in the Fifth Circuit (Dixon case)
    established that due process was not denied
    by denying the accused student the names
    of witnesses at an expulsion hearing.
    a. The school board could vote after
       reviewing the transcript of the hearing
       and then voting in an open session
       meeting of the board. The school board is
       not obligated to have a rehearing of the
       case.


      Notes:
      If an incident occurred away from school
      and a school activity, the school could still
      discipline a student if it is related to
      school (egg teacher’s car/house, curse out
      a teacher away from campus). Question
      is whether behavior in question if not
      disciplined would negatively impact the
      school’s and/or teacher’s ability to
      function.
Student can be required to testify at
hearing (no Fifth Amendment rights). If
the student refuses when requested, the
hearing officer makes a decision without
his testimony based on information
presented by the school and any other
witnesses of the school and student.
It is incumbent upon the principal to
question all witnesses and get written,
signed, dated statements from them prior
to suspending or recommending for
expulsion students.

								
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