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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 yearly basis17
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) Rules a parent or legal guardian shall follow if he wishes to exempt his13
child from corporal punishment.14
(b) Corporal punishment shall be administered only by the principal or his15
designee and only in the presence of another adult school employee.16
(c)(i) Each incident of corporal punishment shall be documented in writing17
and shall include the name of the student; the time, date, and details of the18
disciplinary infraction; and the name of the authorized individual who administered19
the corporal punishment and the name of the witness thereto, each of whom shall20
sign and date the required documentation.21
(ii) All documentation related to each incident of corporal punishment shall22
be maintained on file at the school and shall be made available to the student's parent23
or legal guardian upon request.24
(3) All instances of the use of corporal punishment shall be reported to the25
state superintendent of education on a yearly basis as provided by rules adopted by26
the State Board of Elementary and Secondary Education.27
(4) In no case, with or without parental consent, shall any form of corporal28
punishment be administered to a student who is determined to be in need of services29 HLS 10RS-2582 ENGROSSED
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for a mental disability, multiple disabilities, deaf-blindness, emotional disturbance,1
orthopedic impairment, specific learning disability, traumatic brain injury, or autism.2
* * *3
§416.1. Discipline of pupils; additional disciplinary authority ; corporal punishment4
* * *5
B. Each parish and city school board (1) Except as provided in Paragraph (3)6
of this Subsection, each city, parish, or other local public school board shall have the7
discretion with respect to the use of corporal punishment. In those cases in which If8
a parish or city, parish, or other local public school board decides to use corporal9
punishment, each parish or city school board it shall adopt such rules and regulations10
as it deems necessary to implement and control any form of corporal punishment in11
the schools in its district. Such rules and regulations shall, at a minimum, provide for12
the following:13
(a) Rules a parent or legal guardian shall follow if he wishes to exempt his14
child from corporal punishment.15
(b) Corporal punishment shall be administered only by the principal or his16
designee and only in the presence of another adult school employee.17
(c)(i) Each incident of corporal punishment shall be documented in writing18
and shall include the name of the student; the time, date, and details of the19
disciplinary infraction; and the name of the authorized individual who administered20
the corporal punishment and the name of the witness thereto, each of whom shall21
sign and date the required documentation.22
(ii) All documentation related to each incident of corporal punishment shall23
be maintained on file at the school and shall be made available to the student's parent24
or legal guardian upon request.25
(2) All instances of the use of corporal punishment shall be reported to the26
state superintendent of education on a yearly basis as provided by rules adopted by27
the State Board of Elementary and Secondary Education.28 HLS 10RS-2582 ENGROSSED
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(3) In no case, with or without parental consent, shall any form of corporal1
punishment be administered to a student who is determined to be in need of services2
for a mental disability, multiple disabilities, deaf-blindness, emotional disturbance,3
orthopedic impairment, specific learning disability, traumatic brain injury, or autism.4
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§3996. Charter schools; exemptions6
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B. Notwithstanding any state law, rule, or regulation to the contrary and8
except as may be otherwise specifically provided for in an approved charter, a9
charter school established and operated in accordance with the provisions of this10
Chapter and its approved charter and the school's officers and employees shall be11
exempt from all statutory mandates or other statutory requirements that are12
applicable to public schools and to public school officers and employees except for13
the following laws otherwise applicable to public schools with the same grades:14
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(2) Corporal punishment, R.S. 17:81.6, 223, and 416.1, and suspension of16
students, R.S. 17:223.17
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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 certain exceptionalities. Requires rules and regulations to provide, at a minimum, for
the following:
(1) Rules parents shall follow if they wish to exempt their children from corporal
punishment. HLS 10RS-2582 ENGROSSED
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(2) Administration of corporal punishment 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 yearly as provided by BESE rule.
(Amends R.S. 17:81.6(A), 223(A), 416.1(B), and 3996(B)(2))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Changed from monthly to yearly the frequency of reporting investigative
findings and instances relative to corporal punishment.
2.Deleted requirement that the following information be documented relative to
instances of corporal punishment:
(a) The name of teachers and other school employees who witnessed the
student's misbehavior.
(b)A description of any prior behavioral supports provided to the student.
3. Instead of requiring written parental consent for corporal punishment and
requiring parents to indicate whether consent is granted or not granted, required
school boards to provide for rules parents shall follow if they wish for their
children to be exempt from corporal punishment.