ORLEANS PARISH SCHOOL BOARD POLICY COMMITTEE Orleans Parish School Board 3520 General DeGaulle Drive, Suite 4050 New Orleans, LA 70114 June 13, 2013 3:00 PM (Notice: This meeting may be convened up to 30 minutes prior to the posted schedule to facilitate the orderly conduct of business)
Committee Members: Ms. Cynthia Cade, Chair Mr. Seth Bloom Ms. Leslie Ellison
Mr. Ira Thomas, Ex-Officio Ms. Sarah Usdin
AGENDA Call to Order
Ms. Cynthia Cade
Adoption of the Agenda Additions/Deletions/Modifications OPSB Policies – Second Reading
D429 – Bids and Quotations (amendment to current policy) Rationale: The proposed amendment authorizes the Board President, upon recommendation of the Superintendent, to certify the existence of an emergency in an effort to prevent any possible delay that may occur as a result of the need to gather a quorum of the full Board to certify such emergency.
B210 – Board Meeting Procedures (amendment to current policy) Rationale: The proposed amendment corrects a typographical error in the meeting notice waiver language and revises the notice provisions so that they more closely mirror statutory requirements.
J939 – Bullying, Intimidation, Harassment, and Hazing (amendment to current policy) Rationale: The proposed amendment complies with the requirements of Act 861 of the 2012 Legislative Session, which among other changes, amended the definition of bullying and required the governing authorities of public elementary and secondary schools to ensure that their bullying policies specifically address bullying as provided for under State law, particularly La. R.S. 17:416.13.
ACTION ITEM(S) (no items submitted)
Adjournment In accordance with the Americans with Disabilities Act, if you need special assistance at a public meeting of the Orleans Parish School Board, please contact the Board Office at 504-304-5678, or by email at BoardOffice@nops.k12.la.us , describing the assistance that is necessary
D429 – BIDS AND QUOTATIONS DEFINITIONS 1. Competitive Negotiation - To negotiate for a contract through a Request for Proposal (RFP) process or any other similar competitive selection process. 2. Consulting Services - Work, other than professional or personal services, rendered by either individuals or firms who possess specialized knowledge, experience, and expertise to investigate assigned problems or projects and to provide counsel, review, design, development, analysis, or advice in formulating or implementing programs or services or improvements in programs or services, including but not limited to such areas as management, personnel, finance, accounting, planning and feasibility studies, data processing, public relations, appraisals and advertising contracts, except for printing associated therewith. 3. Cooperative Endeavor - Article VII, Section 14(c) of the Constitution states, “For a public purpose, the state and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation or individual." 4. Personal Service - Work rendered by an independent contractor which requires the use of creative or artistic skills, such as, but not limited to graphic artists, sculptors, musicians, photographers and writers; or which requires the use of highly technical or unique individual skills or talents, such as, but not limited to paramedics, therapists, handwriting analysts, foreign representatives, and expert witnesses for adjudications or other court proceedings. 5. Professional Service - Work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, which independent contractor shall include but not be limited to lawyers, doctors, dentists, veterinarians, architects, engineers, landscape architects, accountants, and claims adjusters. A profession is a vocation founded upon prolonged and specialized intellectual training, which enables a particular service to be rendered. The word "professional" implies professed attainments in special knowledge as distinguished from mere skill. 6. Services - The rendering, by a contractor, of time and effort, rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of service. PUBLIC WORKS The Orleans Parish School Board shall advertise and let by contract, except in cases of emergencies as provided below, all public work exceeding $150,000 or such sum as allowed by law, including labor, materials, equipment, and administrative overhead not to exceed fifteen
percent (15%). The contract shall be awarded to the lowest responsible bidder who has bid according to the contract, plans, and specifications advertised. Public works which are estimated to cost less than the contract limit may be undertaken by the Board with its own employees. As an evidence of good faith of the bidder, the Board shall require bidders for construction, improvement, repair, or other work to attach to the bid submitted, a bid bond, certified check, or cashier’s check for not more than five percent (5%) of the contract work to be done. The Board may require a bid bond or certified or cashier’s check of not more than five percent (5%) of the estimated price on bids taken for supplies and materials. When any bid is accepted for construction or doing any public works, a written contract shall be entered into by the successful bidder and the School Board, and the successful bidder shall furnish a bond in an amount not less than one-half of the amount of the contract, for the faithful performance of his or her duties. Under no circumstances shall there be a division or separation of any public work project into smaller projects, which division or separation would have the effect of avoiding the requirement that public work be advertised and let by contract to the lowest responsible bidder in accordance with statutory provisions. MATERIALS AND SUPPLIES All purchases of materials or supplies exceeding the sum of $30,000 to be paid out of public funds shall be advertised and let by contract to the lowest responsible bidder who has bid according to the specifications as advertised. In addition, purchases of materials or supplies of at least $10,000, but not more than $30,000, shall be made by obtaining not less than three (3) telephone or facsimile quotations. A written confirmation of the accepted offer shall be obtained and made a part of the purchase file. The Board may require a written contract or bond when purchasing the materials or supplies. If quotations are received that are lower than the quote accepted, a notation shall be entered into the file as to the reasons for rejection of the lower quotes. Purchases cannot be divided by departments or by a school if the effect is to evade the state’s public bid law. Purchases of commodities that are bought in small but recurring amounts through the year shall be bid on an annual basis. SERVICES Non-Competitive Service Contracts: The following service contracts may be awarded without the necessity of competitive bidding or competitive negotiation: 1. Consulting Services and Professional Services under $50,000; 2. Personal Services; and 3. Cooperative Endeavor Agreements.
Cost for the full duration of the project/initiative must be considered when determining the total cost of a particular service. Competitive Service Contracts: Consulting services and professional services of $50,000 or more are subject to competitive negotiation via a Request for Proposal (RFP) as required by Division of Administration, OCR "Regulations for the Procurement of Personal, Professional, Consulting and Social Services." Exemptions: The following professional services are exempt from the requirement of competitive negotiation even if they exceed $50,000: lawyers, doctors, architects, dentists, veterinarians, engineers, landscape architects and accountants. EMERGENCIES In cases of an emergency or extreme emergency when time is not sufficient to advertise for bids for public works or purchase of materials, either the Board or designee the Board President, upon recommendation of the Superintendent, is permitted by law to declare that a public emergency or extreme public emergency exists and extend a contract for more than the sums mentioned without going out to bid; however, in such cases every effort shall be made by the administration to secure competitive quotations through negotiations. State law permits a person designated by the Board to declare the existence of an extreme public emergency. Notices of an emergency or extreme emergency shall be published in the Board’s official journal within ten (10) days of the emergency being certified by the School Board or designee. USE OF STATE CONTRACT The School Board may make use of valid contracts put in place by the State of Louisiana Office of State Purchasing. The Board may also piggyback, or purchase materials and supplies on valid contracts of other political subdivisions. BID ADVERTISEMENTS All advertisements for bids for public works shall appear in the newspaper selected as the official journal for the School Board, except in extreme emergencies as may be declared by the Board. Any advertisement for any contract for public works, when published, shall appear once a week for three (3) different weeks in a newspaper in the locality and the first advertisement shall appear at least twenty-five (25) days before the opening of bids. Any advertisement for any contract or purchase of materials or supplies shall be published two (2) times in a newspaper in the locality, the first advertisement appearing at least fifteen (15) days prior to the opening of bids. In addition to newspaper advertisements, the School Board may also publish advertisements by electronic media available to the general public. In any advertisement, the first publication shall not occur on a Saturday, Sunday, or legal holiday.
If the School Board issues or causes to be issued on a public work exceeding the contract limit set by state law, any addendum modifying plans and specifications within a period of seven (7) days prior to the advertised time for opening of bids, excluding Saturdays, Sundays, and any other legal holidays, the School Board shall transmit a copy of the addendum to all prime bidders who have requested bid documents. The transmission shall be completed within twenty-four (24) hours of the issuance of the addendum, and may be delivered by either facsimile transmission (fax), e-mail, other electronic means, or by hand provided the prime bidder has supplied the fax number or e-mail address to the Board. In addition, a copy of the addendum shall be sent by regular mail. If the addendum cannot be transmitted by fax, e-mail, other electronic means, or hand delivered, the Board shall be required to postpone the bid opening by at least seven (7) days. The School Board shall not issue or cause to be issued any addendum modifying plans and specifications within a period of seventy-two (72) hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays; however, if the necessity arises to issue an addendum modifying plans and specifications within the seventy-two hour period prior to the advertised time for the opening of bids, then the opening of bids shall be extended at least seven (7), but not more than twenty-one (21) working days, without the requirement of readvertising. The addendum shall state the revised time and date for the opening of bids. OPENING OF BIDS All bids shall be opened in public in the presence of one or more witnesses, at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and open to public inspection. However, the School Board shall not accept or take any bids including receiving any hand delivered bids, on days which are recognized as holidays by the United States Postal Service. The Superintendent and/or other appropriate administrators shall review, summarize and report bids to the Board with recommendations for final action. If the School Board proposes to disqualify any bidder, the School Board shall: (1)
Give written notice of the proposed disqualification to such bidder, and include in the written notice all reasons for the proposed disqualification; and
(2)
Give such bidder, who is proposed to be disqualified, the opportunity to be heard at an informal hearing, at which such bidder is afforded the opportunity to refute the reasons for the disqualification.
Ref: La. Rev. Stat. Ann. §§38:2211, 38:2212, 38:2212.1, 38:2214, 38:2218, 38:2251, 39:1551 et seq. Amended April 19, 2011.
B210 – BOARD MEETING PROCEDURES School Board meetings shall be orderly and shall be governed by Robert’s Rules of Order. The Board President shall have the authority and responsibility to call meetings as needed to successfully conduct the business of the Board, but no less than one (1) regular meeting per month. The date, time and location of the meeting shall be decided by the President and the Superintendent in consultation with Board members. All meetings shall be open to the public except meetings that meet the criteria described in Louisiana law for being closed meetings. Official actions or decisions shall be made only in official meetings of the Board. No member of the Board, nor any committee of the Board, shall have the power to act in the name of the Board outside of official Board meetings unless so designated by a majority of the Board duly convened. All meetings of the Board and Committees shall be open to the public, and be advertised no later than 24 hours from the start of the meeting written public notice of any meeting shall be given no later than twenty-four (24) hours before the meeting. Advertising of meetings consists of: notification to all regional print and electronic media; placement on the State Department of Education and School Board web sites; electronic notification to principals of all district schools; signage posted at the entrance of the School Board administrative headquarters; and at the entrance of the meeting location. Written public notice shall include, but not be limited to: Posting a copy of the notice at the entrance of the School Board administrative headquarters and at the entrance of the meeting location or by publication of the notice in an official journal of the Board no less than twenty-four (24) hours before the meeting; providing notice via the Board’s official website for no less than twenty-four (24) hours immediately preceding the meeting; mailing a copy of the notice to any member of the news media who requests notice of meetings, in the same manner as is given to members of the Board; and electronic notification to principals of all district schools. Individuals and groups may request electronic notification, as well. The failure to timely post notice on the website or the inability of the public to access the website due to any type of technological failure shall not be a violation of the written public notice requirements. In cases of extraordinary emergency, the public meeting notice mandated by this policy shall not be required; however, the public body shall give such notice of the meeting as it deems appropriate and circumstances permit. A majority vote at the commencement of the emergency meeting shall ratify the necessity for an emergency meeting.
Such public notice shall consist of the time, place and date of the meeting and a complete listing of all subject matters to be discussed and voted upon. The notice shall include the contact phone number to be called for information purposes. Orleans Parish School Board members shall be provided with specific communications tools which are necessary to fulfill the Board members’ duties. Each Board member shall be provided Internet connectivity for the duration of his/her term. Such provision shall be subject to the provisions of all applicable state rules and statutes. In addition members may be provided a cellular phone or similar technology to facilitate immediate access to both district staff and the community. All costs associated with this technology shall be borne by the School District. Each member shall bare bear the responsibility for accurately reporting said expenses according to approved existing Board policy and applicable state rules and statutes. Special meetings may be called by the President or in his/her absence, by the Vice President, when in his/her opinion such special meetings are necessary. The President shall also call a special meeting when so requested in writing, by three members of the Board, but no business shall be transacted except that for which the meeting was called and which shall be stated in the call. In the event of a need for an emergency meeting, the one week (7-day) public meeting notice may be waived. A majority vote at the commencement of the emergency meeting shall ratify the emergency meeting. RULES OF PROCEDURE The following rules of procedure shall guide the Board in its execution of business. 1.
The agenda should include all subjects to be discussed at the public meeting, including matters to be discussed in executive session. The agenda should also include:  
A statement identifying the court, case number, and the parties relative to any pending litigation to be considered at the meeting. A statement identifying the parties involved and reasonably identifying the subject matter of any prospective litigation for which formal written demand has been made that is to be considered at the meeting.
2.
A simple majority of the total membership of the Board or at least four (4) members constitutes a quorum and must be present in order to officially convene the Board meeting.
3.
Except as may be provided by state law or by Board policy, any motion, resolution or other action of the Board shall be deemed valid only upon a
favorable vote of a simple majority of the members present and voting taken at a properly called regular or special meeting of the Board. 4.
Voting may be taken by a show of hands or by roll call of the members present at the discretion of the President or Parliamentarian. There shall be no proxy votes.
5.
A Board member shall abstain from voting on any matter in which his/her personal or professional gain is in conflict with the interest of the Board or on any question involving conduct to the Board member.
6.
The board will discuss only those items listed on the properly advertised agenda. Inclusion of an additional agenda item shall require a unanimous vote of members present. Any such matter shall be identified in the motion to take up the matter not on the agenda with reasonable specificity, including the purpose for the addition to the agenda, and entered into the minutes of the meeting. Prior to any vote on a motion to take up a matter not on the agenda, there shall be an opportunity for public comment. The President shall have the prerogative to move an agenda item when he/she feels the change would be in the best interest of the meeting. An item may be removed during the meeting from the agenda by the President, with a majority concurrence from the Board. An item appearing on the agenda that has been requested by a Board member may be withdrawn at any time during the meeting at the request of the Board member.
7.
The Board can decide who shall sit at the board-meeting table.
8.
The President shall have the authority to appoint a Parliamentarian to serve at Board meetings who shall assist in maintaining the orderly conduct of meetings. He/she will have the authority to terminate the remarks and order the removal of any individual(s) who does/do not adhere to the above rules. Assigned security personnel and New Orleans Police Department personnel shall execute the parliamentarian request for removal.
Rules on Public Comment 1.
Public comment shall be permitted at all public Board meetings at a time designated by the President, Parliamentarian or Chairperson of a committee. Each person shall be permitted to speak no more than three minutes one time during each meeting, unless requested by the President, Parliamentarian or Chairperson.
2.
Speakers shall address items on the Board Agenda unless otherwise authorized by the Board President, Parliamentarian, or Committee Chairperson. At all times, speakers and attendees at Board meetings shall observe orderly meeting decorum. Written comment may be submitted to the Board for inclusion in the record.
Ref: La. Rev. Stat. Ann. §§17:81, 42:4.1 et seq.; Board minutes 7-10-89, 2-12-90, 1-14-01, 3-1003, 3-24-03, 10-21-08.
J939 – BULLYING, INTIMIDATION, HARASSMENT, AND HAZING ZERO TOLERANCE The Orleans Parish School District Board is committed to maintaining a safe, orderly, civil and positive learning environment for all students, regardless of race, color, religion, ancestry, national origin, sexual orientation, gender, gender identity or expression, physical characteristics, political persuasion, mental or physical disability, attire or association with others identified by such categories, so that no student feels threatened while in school or participating in school-related activities. Students and their parents/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 a bullying, intimidating, threatening, harassing, hazing, or any other violent nature made on campus, at school-sponsored activities, on school buses, at school bus stops, and en route from home to the bus stop and from the bus stop home shall not be tolerated. Even if made in a joking manner, these statements or actions threatening other students, school personnel, or school property shall be unacceptable. Therefore, no statements or actions of bullying or hazing, as each is defined herein, made or occurring on campus, at school-sponsored activities or events, on school buses, at school bus stops, and on the way to and from school by a student against another student shall be tolerated. Even if done in a joking manner, bullying and hazing shall be unacceptable. This policy shall be incorporated into the Student Code of Conduct, implemented in an ongoing manner throughout the school year, and integrated with the school's curriculum, discipline policies, and other violence prevention efforts. All students, teachers, and other school employees, and volunteers shall take reasonable and responsible measures within the scope of their individual authority to prevent violations of this policy. BULLYING, INTIMIDATION, HARASSMENT For purposes of this Policy, the terms “harassment”, “intimidation”, and “bullying” shall mean either of the following: Any intention gesture written, verbal, electronic transmission or communication, or physical act that a reasonable person under the circumstances should know will have the effect of harming a student or damaging his property or placing a student in reasonable fear or harm to his life or person or damage to his property which is so severe, persistent or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student. Any intimidating, threatening, or abusive gesture or written, verbal, electronic transmission or communication or physical act by a student directed at another student occurring on school property, on a school bus, or at a school-sponsored event that a reasonable person under the circumstances would perceive as being motivated by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, sexual orientation, gender, gender identity or expression, physical characteristic, political persuasion, mental disability, or physical disability, as well as attire or association with others identified by such categories. Page 1 of 11
1. A pattern of any one or more of the following: a. Gestures, including but not limited to obscene gestures and making faces. b. 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. c. Physical acts, including but not limited to hitting, kicking, pushing, tripping, choking, damaging personal property, or unauthorized use of personal property. d. Repeatedly and purposefully shunning or excluding from activities. where the pattern of behavior 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, in any school bus or van, at any designated school bus stop, in any other school or private vehicle used to transport students to and from schools, or any school-sponsored activity or event. 2. A pattern of behavior, as provided in Paragraph 1 above, must 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 must 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. 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.
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NOTICE TO STUDENTS AND PARENTS AND DISSEMINATION Students and their parents/guardians shall be notified that the school, school bus, and all other school environments are to be safe and secure for all. The School Board shall inform each student, in writing and orally, at an orientation conducted during the first five days of each school year, of the prohibition against bullying and hazing 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. The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. This policy shall be conspicuously posted in each school in a place or places accessible to all students, teachers and other personnel and volunteers. A copy of this policy shall also be delivered to each student's parent or legal guardian. REPORTING PROCEDURES Any student who believes he or she has been the victim of bullying, intimidation, threatening behavior, harassment or hazing by a student, teacher, administrator or other school personnel, or by any other person who is participating in, observing or otherwise engaged in activities including sporting events and other extracurricular activities, under the auspices of the school district or a school within the school system, is encouraged to immediately report the alleged acts to any appropriate school district official.
Any teacher, administrator, or other school personnel who personally observes, or who has or receives notice that a student has or may have been the victim of bullying, intimidation, threatening behavior, harassment, or hazing at school or any school activity shall be required to immediately take such action as necessary and appropriate to stop the incident in question, if it is ongoing, and report the alleged acts to an appropriate school district official. At the School Building Level The principal shall be the person responsible at the school level for receiving oral or written reports of bullying, intimidation, threatening behavior, harassment, or hazing of a student. Any other school administrator, teacher, or other school personnel who personally observes or receives a report of bullying, intimidation, threatening behavior, harassment or hazing of a student shall immediately take such action as necessary and appropriate to stop the incident in question, if it is ongoing, and inform the principal, who shall notify the Superintendent or his/her designee. Page 3 of 11
Other Sites Building administrators designated by the Superintendent at each administrative, support, or maintenance site shall be responsible for receiving oral or written reports of bullying, intimidation, threatening behavior, harassment, or hazing of a student. Upon receipt of a report, the building administrator shall immediately notify the Superintendent or his/her designee. 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 or hazing shall be considered an official means of reporting such act(s). Complaints, reports, and investigative reports of bullying or hazing shall remain confidential, except as otherwise provided by state or federal law. Reports of bullying or hazing shall be made on the form developed for the purpose of reporting bullying, which shall include an affirmation of truth. Any incident of bullying or hazing shall be reported on this form, but additional information may be provided. Students and Parents Any student who believes that he/she has been, or is currently, the victim of bullying or hazing or any student, parent, or guardian, who witnesses bullying or hazing or who has good reason to believe bullying or hazing is occurring, may report the situation to a school official, who in turn shall report the incident to the principal or his/her designee. A student, parent or guardian may also report concerns regarding bullying or hazing to a teacher, counselor, other school employee, or to any parent/volunteer chaperoning or supervising a school function or activity. Any report of bullying shall remain confidential. School Personnel Any school employee, whether full- or part-time, and any parent/volunteer chaperoning or supervising a school function or activity, who witnesses or learns of bullying or hazing from a student or parent, shall report the incident to the principal or his/her designee. Verbal reports shall be submitted by the employee or parent/volunteer on the same day as the employee or parent/volunteer 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/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 or hazing shall be prohibited conduct and shall result in appropriate disciplinary measures as determined by the School Board. Page 4 of 11
Retaliation Retaliation against any person who reports bullying or hazing in good faith, who is thought to have reported bullying, who files a complaint, or who otherwise participates in an investigation or inquiry concerning allegations of bullying is prohibited conduct and subject to discipline. INVESTIGATION OF COMPLAINTS AND REPORTS The Superintendent or his/her designee shall immediately investigate or authorize the investigation of all reports and complaints involving alleged bullying, intimidation, threatening behavior, harassment or hazing of students. Investigations may consist of personal interviews with the complainants or the individual who is alleged to have been bullied, intimidated, threatened, harassed or hazed, the individual or individuals against whom the complaint is made, witnesses, and any other persons who may have knowledge of the alleged incident or incidents or circumstances leading to or giving rise to the complaint. Other methods of investigation also may be used and pertinent documents may be examined by the investigator. The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. The school district also shall discuss this policy with administrators and teachers, and other school personnel whose employment duties bring them into contact with students. During the pendency of an investigation, the school district may take immediate steps, at its discretion, to protect the complainant, students, teachers, administrators or other school personnel pending completion of the investigation. Investigations shall be completed as soon as practicable. A written report shall be prepared upon the completion of the investigation. If the complaint involves the Superintendent of Schools, the report shall be made and filed directly with the School Board. The written report shall include determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. INVESTIGATION PROCEDURE Investigations of any reports of bullying or hazing of a student by another student shall be in accordance with the following: 1. 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 not later than ten (10) school days after the date the written report of the incident is submitted to the Page 5 of 11
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. 2. 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 copies or photographs of any audio-visual evidence. Interviews must be conducted privately, separately, and confidentially. At no time shall the alleged offender and alleged victim be interviewed together. The principal or his/her designee shall collect and evaluate all facts using the form developed to document bullying investigations. 3. Parental Notification Upon receiving a report of bullying or hazing, the school shall notify the parents or legal guardians of the alleged offender and the alleged victim 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 his child conducted as part of the investigation. If, after three attempts in a forty-eight-hour period, the parents or legal guardians of a student cannot be reached or do not respond, the student may be interviewed. All meetings with the parents or legal guardians of the alleged victim and the parents or legal guardians of the alleged offender shall be in compliance with the following: A. Separate meetings shall be held with the parents or legal guardians of the alleged victim and the parents or legal guardians of the alleged offender. B. Parents or legal guardians of the alleged victim and of the alleged offender 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, tutor, 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 731, with a court exercising juvenile jurisdiction. The principal may also file a complaint on the grounds the student
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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. 4. Documentation At the conclusion of an investigation of bullying or hazing and after meeting with the parents or legal guardians, the principal or his/her designee or School Board shall: A. Prepare a written report containing the findings of the investigation, including input from 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 both students. B. 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. C. 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. D. Maintain reports/complaints and investigative reports for three (3) years. E. 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. 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. DISCIPLINARY ACTION The school district shall take appropriate action in response to a report following an investigation of any alleged bullying, intimidation, threatening behavior, harassment, or hazing of a student. When the report determines that the alleged act or conduct appears to be in violation of this policy, disciplinary action shall be taken as outlined in the Student Code of Conduct. The principal/designee shall contact the parent, tutor, or legal guardian of the pupil being disciplined for alleged misconduct to notify them of the disciplinary action. Whenever the act or conduct determined to be a violation of this policy may also constitute a violation of state or federal criminal statute, the appropriate law enforcement officer shall be promptly notified. Any student, school employee, or school volunteer who in good faith reports an incident of harassment, intimidation, or bullying to the appropriate school official in accordance with the Page 7 of 11
procedures established by local board policy shall be immune from a right of action for damages arising from any failure to remedy the reported incident. 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 or hazing the same as if the improper conduct occurred on campus, if the actions of the offender substantially interferes 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. Any school personnel, whether employee or volunteer, teacher, staff or administration, who fails to report an incident of bullying which they personally observe, or fails to take appropriate action as called for in this policy regarding incidents reported to them, shall be subject to discipline, being no less than a written reprimand and up to and including termination. AppealAPPEAL The parent of a student disciplined for violation of this policy may appeal to the Superintendent or his/her designee no later than five (5) days after being notified of the disciplinary action. The Superintendent or his/her designee shall review all documentation regarding the incident, and if determined to be necessary by the Superintendent or designee, conduct a hearing on the matter. The results of the review or hearing shall be sent to the parents or legal guardian within three (3) school days. The decision of the Superintendent shall be final, except for a student expulsion, which may be appealed to the School Board in accordance with statutory provisions. If the school principal or his/her designee does not take timely and effective action, the student, parent, 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 other school employee may report any bullying incident to the Louisiana Department of Education. School personnel subject to discipline for failure to report or take action as required by this policy, shall have the same right to appeal as with any other disciplinary matter. DISSEMINATION OF POLICY
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This policy shall be conspicuously posted in each school in a place or places accessible to all students, teachers and other personnel. The school district shall develop a method for discussing this policy with students which shall take into account their level of understanding based upon their grade level or other consideration generally applicable to students enrolled in the same class or grade. The school district also shall discuss this policy with administrators and teachers, and other school personnel whose employment duties bring them into contact with students. PARENTAL RELIEF If a parent, legal guardian, teacher, or other school official has made four (4) or more reports of separate instances of bullying or hazing, 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 victim, within fifteen (15) school days of receiving the request, the Superintendent shall: 1. Inform the student and his/her parent or legal guardian and facilitate the student's enrollment in a statewide virtual school. 2. Offer the student a placement in a full-time virtual program or virtual school under the School Board’s jurisdiction. 3. 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 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.
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DOCUMENTATION The details of each incidence of bullying shall be documented utilizing the behavior incidence checklist provided by the State Department of Education. All such documented incidences of bullying shall be submitted to the State Department of Education as prescribed in rules adopted by the State Board of Elementary and Secondary Education and as required under La. R.S. 17:415. After the investigation and meeting with the parents, pursuant to this policy the school or the School Board that conducts the investigation shall: 1. Compose a written document containing the findings of the investigation, including input from the students' parents or legal guardian, and the decision by the school or school system official. The document shall be placed in the school records of both students. 2. Promptly notify the complainant of the findings of the investigation and that remedial action has been taken, if such release of information does not violate the law. 3. Keep complaints and investigative reports confidential, except as provided in this Section and where disclosure is required to be made pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, or by other applicable federal laws, rules, or regulations or by state law. 4. Maintain complaints and investigative reports for three years in the event that disclosure is warranted by law enforcement officials. 5. If applicable, provide a copy of any reports and investigative documents to the School Board in order that the School Board can comply with the provisions of La. R.S. 17:416.1, which governs discipline of students and discipline authority. 6. If applicable, provide a copy of any reports and investigative documents to the State Department of Education. BULLYING TRAINING The School Board shall create a program to provide a minimum of four hours of training for new employees who have contact with students and two hours of training each year for all school employees who have contact with students, including bus drivers, with respect to bullying. The training shall specifically include the following: 1. How to recognize the behaviors defined herein as bullying 2. How to identify students who are most likely to become victims of bullying, while not excluding any student from protection from bullying. 3. How to use appropriate intervention and remediation techniques and procedures. 4. Bullying reporting procedures. Page 10 of 11
5. Information on suicide prevention, including the relationship between suicide risk factors and bullying.
**NOTE: The italicized language contained in the above proposed amendment (under Parental Notification and Bullying Training) relates to changes to the bullying statute that were made during the 2013 Legislative Session pursuant to HB659. The bill is awaiting the Governor’s signature.
Ref: La. Rev. Stat. Ann. §§17:183, 17:416, 17:416.13. Page 11 of 11
Amended 12/2011