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Regular Session, 2010
HOUSE BILL NO. 1394
BY REPRESENTATIVE DOWNS
STUDENT/DISCIPLINE: Provides relative to the use of corporal punishment in public
elementary and secondary schools
AN ACT1
To amend and reenact R.S. 17:223(A), 416.1(B), and 3996(B)(2), relative to student2
discipline; to provide relative to the use of corporal punishment in public elementary3
and secondary schools; to provide for rules and regulations governing the4
administration of corporal punishment; to provide for reporting requirements; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:223(A), 416.1(B), and 3996(B)(2) are hereby amended and8
reenacted to read as follows: 9
§223. Discipline of pupils; suspension from school, ; corporal punishment10
A.(1) Every teacher is authorized to hold every pupil to a strict accountability11
for any disorderly conduct in school or on the playground of the school, or on any12
school bus going to or returning from school, or during intermission or recess.13
(2) Each parish and city city, parish, and other local public school board shall14
have discretion in the use of corporal punishment. In those cases in which If a parish15
or city, parish, or other local public school board decides to use corporal punishment,16
each parish or city school board it shall adopt such rules and regulations as it deems17
necessary to implement and control any form of corporal punishment in the schools18
in its district. Such rules and regulations shall, at a minimum, provide for the19
following:20 HLS 10RS-2797 ORIGINAL
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(a) Corporal punishment shall be administered only by the principal or an1
individual designated by the principal or by the local superintendent of education.2
Any such designee shall possess a valid Louisiana teaching certificate issued by the3
state Department of Education. Corporal punishment shall be administered only in4
the presence of an additional adult witness who is an employee of the school district.5
(b)(i) Each instance of corporal punishment shall be documented in writing6
and shall include the name of the student, a description of the student's disciplinary7
infraction, the time and date that the corporal punishment was administered, and the8
name of the individual who administered the corporal punishment and the name of9
the witness thereto. The principal shall maintain all documentation related to each10
instance of corporal punishment on file for three years.11
(ii) The principal shall report annually the number of instances of corporal12
punishment to the local superintendent of education.13
(c) The principal or his designee shall provide a written copy of the school14
district's corporal punishment policy to students and parents within five days of the15
beginning of each school year. If a student enrolls during the school year, the written16
copy of such policy shall be provided within five days of enrollment. The policy17
shall contain rules parents must follow if they wish to exempt their child from18
corporal punishment. A policy contained within a parent-student handbook shall be19
sufficient notification for the purposes of this Subparagraph.20
* * *21
§416.1. Discipline of pupils; additional disciplinary authority ; corporal punishment22
* * *23
B. Each parish and city city, parish, and other local public school board shall24
have the discretion with respect to the use of corporal punishment. In those cases in25
which If a parish or city, parish, or other local public school board decides to use26
corporal punishment, each parish or city school board it shall adopt such rules and27
regulations as it deems necessary to implement and control any form of corporal28 HLS 10RS-2797 ORIGINAL
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punishment in the schools in its district. Such rules and regulations shall, at a1
minimum, provide for the following:2
(1) Corporal punishment shall be administered only by the principal or an3
individual designated by the principal or by the local superintendent of education.4
Any such designee shall possess a valid Louisiana teaching certificate issued by the5
state Department of Education. Corporal punishment shall be administered only in6
the presence of an additional adult witness who is an employee of the school district.7
(2)(a) Each instance of corporal punishment shall be documented in writing8
and shall include the name of the student, a description of the student's disciplinary9
infraction, the time and date that the corporal punishment was administered, and the10
name of the individual who administered the corporal punishment and the name of11
the witness thereto. The principal shall maintain all documentation related to each12
instance of corporal punishment on file for three years.13
(b) The principal shall report annually the number of instances of corporal14
punishment to the local superintendent of education.15
(3) The principal or his designee shall provide a written copy of the school16
district's corporal punishment policy to students and parents within five days of the17
beginning of each school year. If a student enrolls during the school year, the written18
copy of such policy shall be provided within five days of enrollment. The policy19
shall contain rules parents must follow if they wish to exempt their child from20
corporal punishment. A policy contained within a parent-student handbook shall be21
sufficient notification for the purposes of this Paragraph.22
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§3996. Charter schools; exemptions24
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B. Notwithstanding any state law, rule, or regulation to the contrary and26
except as may be otherwise specifically provided for in an approved charter, a27
charter school established and operated in accordance with the provisions of this28
Chapter and its approved charter and the school's officers and employees shall be29 HLS 10RS-2797 ORIGINAL
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exempt from all statutory mandates or other statutory requirements that are1
applicable to public schools and to public school officers and employees except for2
the following laws otherwise applicable to public schools with the same grades:3
* * *4
(2) Corporal punishment, R.S. 17:223 and 416.1, and suspension of students,5
R.S. 17:223.6
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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)]
Downs HB No. 1394
Abstract: Provides relative to rules and regulations for administering corporal punishment
in public elementary and secondary schools.
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 requires
such rules and regulations to provide, at a minimum, for the following:
(1) Corporal punishment shall be administered only by the principal or an individual
designated by the principal or by the local supt. of education and only in the presence
of an adult witness who is a school district employee. Designee shall possess a valid
La. teaching certificate issued by the state Dept. of Education.
(2) Each instance of corporal punishment shall be documented in writing. The principal
shall maintain documentation on file for three years and report annually the number
of instances of corporal punishment to the local supt. of education.
(3) The principal or his designee shall provide a written copy of the school district's
corporal punishment policy to students and parents, and the policy shall contain rules
parents must follow if they wish to exempt their child. A policy contained within a
parent-student handbook shall be sufficient notification.
(Amends R.S. 17:223(A), 416.1(B), and 3996(B)(2))