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BATTERY UPON A SCHOOL EMPLOYEE

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:

  1. the principal shall suspend the student from school immediately and
  2. the student shall be removed immediately from the school premises without the benefit of the out-of-school procedures provided by this section; however,
  3. 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.