a guest Aug 12th, 2017 45 Never
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- Dear Mrs. Fraser,
- My name is Austin Peavy, a 12th grade senior at A. M. Barbe High School. As you may have known, I was banned from using the network and all computers connected to the network of the Calcasieu Parish School Board (referred to as CPSB hereinafter). In the absence of my ability to contact Mrs. Sheryl Abshire, Chief Technology Officer of CPSB, you, Mrs. Beth Fraser, Principal of A. M. Barbe High School, are to be the substitute administrative contact figure in which I am filing this complaint.
- Under the Subject of Policy, Section JCAA (Due Process) of the Calcasieu Parish School Board District Policy Manual (referred to as the Due Process clause hereinafter),
- "Due process shall be defined as fair and reasonable approaches to all areas of student grievance and discipline on the part of all school officials in order not to arbitrarily deny a student the benefits of the instructional process."
- Furthermore, under the Due Process clause,
- "Under due process, each student shall be guaranteed a fair hearing, a fair judgment, a written record of the decision, and notice of the right to appeal the decision."
- I was not approved of a fair hearing, I have not received a written record of the decision, nor have I been alerted of the right to appeal any decisions made by those who imposed the restrictions placed upon me, all three of which are violations of the Due Process clause. Added to this fact, under the Due Process clause,
- "Basically, due process requires the school administration to impose fundamentally fair procedures to determine whether misconduct or other improper action has occurred before any disciplinary action may be taken by the school administration, except in the case of imminent danger or disruption of the academic process. In these instances, proper procedures shall be put into effect as soon as removal of the student has occurred."
- I was placed under arbitrary restrictions before suspension was declared by a school administrator, which is a violation of the Due Process clause.
- I am contacting you with the good faith belief that my rights as a student were violated and proper procedure by an Administrator of the Educational System was not followed. Also, as stated under the Subject of Policy, Section JCAB of the Calcasieu Parish School Board District Policy Manual,
- "Whenever any search is conducted pursuant to this policy, as soon as is reasonably practical a written record shall be made thereof by the school administrator/designee conducting the search and such record shall include the name of the student and/or person(s) involved, the circumstances leading to the search and the results of the search. This written, dated and signed record shall be filed and maintained in the school administrator's office, and a copy of it shall be sent to the Superintendent within five (5) days. The student(s) and parent(s)/guardian(s) shall be given a written receipt for any item(s) seized and/or impounded by the school administrator/ designee."
- I am requesting a copy of this written record so that my legal counsel and I may review the circumstances and item(s) seized as a result of the search as to determine whether or not to pursue further legal action. Alongside this, I am also requesting that my permissions to access the CPSB Network be reinstated and that I am allowed to retake my Credit Recovery English IV (1st semester) Assessment Exam online from the 3rd floor of the A. M. Barbe High School Library, since I was unable to do so previously.
- Thank you for your time.
- Austin Peavy
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