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Regular Session, 2010
HOUSE BILL NO. 1343
BY REPRESENTATIVES NORTON, DIXON, AND HARDY
STUDENT/DISCIPLINE: Provides relative to corporal punishment in public elementary
and secondary schools
AN ACT1
To amend and reenact R.S. 17:81.6(A), 223(A), 416.1(B), and 3996(B)(2), relative to2
student discipline; to provide relative to the use of corporal punishment in public3
elementary and secondary schools; to provide for rules and regulations governing the4
administration of corporal punishment; to prohibit the use of corporal punishment5
with respect to certain students with exceptionalities; to provide for reporting6
requirements; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:81.6(A), 223(A), 416.1(B), and 3996(B)(2) are hereby amended9
and reenacted to read as follows: 10
§81.6. Investigation of employees 11
A.(1) On or before January 1, 1989, each city and parish Each city, parish,12
and other local public school board shall adopt a policy establishing the procedures13
for the investigation of employees accused of impermissible corporal punishment or14
moral offenses involving students.15
(2) The findings of all investigations required by Paragraph (1) of this16
Subsection shall be reported to the state superintendent of education on a monthly17
basis as provided by rules adopted by the State Board of Elementary and Secondary18
Education.19
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§223. Discipline of pupils; suspension from school, ; corporal punishment1
A.(1) Every teacher is authorized to hold every pupil to a strict accountability2
for any disorderly conduct in school or on the playground of the school, or on any3
school bus going to or returning from school, or during intermission or recess.4
(2) Each parish and city school board Except as provided in Paragraph (4) of5
this Subsection, each city, parish, or other local public school board shall have6
discretion in the use of corporal punishment. In those cases in which If a parish or7
city, parish, or other local public school board decides to use corporal punishment,8
each parish or city school board it shall adopt such rules and regulations as it deems9
necessary to implement and control any form of corporal punishment in the schools10
in its district. Such rules and regulations shall, at a minimum, provide for the11
following:12
(a) Written consent shall be obtained from the student's parent or legal13
guardian prior to the use of any form of corporal punishment. The student's parent14
or legal guardian shall indicate on the consent form whether such consent is granted15
or not granted.16
(b) Corporal punishment shall be administered only by the principal or his17
designee and only in the presence of another adult school employee.18
(c)(i) Each incident of corporal punishment shall be documented in writing19
and shall include the name of the student; the time, date, and details of the20
disciplinary infraction; the name of all teachers and other school employees who21
witnessed the student's misbehavior; a description of any prior behavioral supports22
that were provided to the student; and the name of the authorized individual who23
administered the corporal punishment and the name of the witness thereto, each of24
whom shall sign and date the required documentation.25
(ii) All documentation related to each incident of corporal punishment shall26
be maintained on file at the school and shall be made available to the student's parent27
or legal guardian upon request.28 HLS 10RS-2582 ORIGINAL
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(3) All instances of the use of corporal punishment shall be reported to the1
state superintendent of education on a monthly basis as provided by rules adopted2
by the State Board of Elementary and Secondary Education.3
(4) In no case, with or without parental consent, shall any form of corporal4
punishment be administered to a student with an exceptionality, excluding gifted and5
talented, as defined in R.S. 17:1942.6
* * *7
§416.1. Discipline of pupils; additional disciplinary authority ; corporal punishment8
* * *9
B. Each parish and city school board (1) Except as provided in Paragraph (3)10
of this Subsection, each city, parish, or other local public school board shall have the11
discretion with respect to the use of corporal punishment. In those cases in which If12
a parish or city, parish, or other local public school board decides to use corporal13
punishment, each parish or city school board it shall adopt such rules and regulations14
as it deems necessary to implement and control any form of corporal punishment in15
the schools in its district. Such rules and regulations shall, at a minimum, provide for16
the following:17
(a) Written consent shall be obtained from the student's parent or legal18
guardian prior to the use of any form of corporal punishment. The student's parent19
or legal guardian shall indicate on the consent form whether such consent is granted20
or not granted.21
(b) Corporal punishment shall be administered only by the principal or his22
designee and only in the presence of another adult school employee.23
(c)(i) Each incident of corporal punishment shall be documented in writing24
and shall include the name of the student; the time, date, and details of the25
disciplinary infraction; the name of all teachers and other school employees who26
witnessed the student's misbehavior; a description of any prior behavioral supports27
that were provided to the student; and the name of the authorized individual who28 HLS 10RS-2582 ORIGINAL
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administered the corporal punishment and the name of the witness thereto, each of1
whom shall sign and date the required documentation.2
(ii) All documentation related to each incident of corporal punishment shall3
be maintained on file at the school and shall be made available to the student's parent4
or legal guardian upon request.5
(2) All instances of the use of corporal punishment shall be reported to the6
state superintendent of education on a monthly basis as provided by rules adopted7
by the State Board of Elementary and Secondary Education.8
(3) In no case, with or without parental consent, shall any form of corporal9
punishment be administered to a student with an exceptionality, excluding gifted and10
talented, as defined in R.S. 17:1942.11
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§3996. Charter schools; exemptions13
* * *14
B. Notwithstanding any state law, rule, or regulation to the contrary and15
except as may be otherwise specifically provided for in an approved charter, a16
charter school established and operated in accordance with the provisions of this17
Chapter and its approved charter and the school's officers and employees shall be18
exempt from all statutory mandates or other statutory requirements that are19
applicable to public schools and to public school officers and employees except for20
the following laws otherwise applicable to public schools with the same grades:21
* * *22
(2) Corporal punishment, R.S. 17:81.6, 223, and 416.1, and suspension of23
students, R.S. 17:223.24
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Norton HB No. 1343
Abstract: Provides relative to rules and regulations for administering corporal punishment
in public schools and prohibits its administration to certain students with
exceptionalities.
Present law allows school boards discretion, relative to corporal punishment and requires
them to adopt rules and regulations to implement and control its use. Proposed law
prohibits, under all circumstances, the administration of corporal punishment to students
with exceptionalities, except gifted and talented students. Requires such rules and
regulations to provide, at a minimum, for the following:
(1) Written consent from parents or legal guardians prior to use.
(2) Administration only by the principal or his designee and only in the presence of
another adult school employee.
(3) Documentation of each incident of corporal punishment.
(4) Maintenance and availability of documentation related to each incident of corporal
punishment.
Present law requires public school boards to adopt policies and procedures for the
investigation of employees accused of impermissible corporal punishment or moral offenses
involving students. Proposed law requires such investigations' findings, as well as all
instances of the use of corporal punishment, to be reported to the state superintendent of
education monthly as provided by BESE rule.
(Amends R.S. 17:81.6(A), 223(A), 416.1(B), and 3996(B)(2))