HLS 10RS-2615 ENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 1458 BY REPRESENTATIVE LABRUZZO SCHOOLS/BOARDS: Provides relative to cyberbullying and student codes of conduct adopted by local school boards AN ACT1 To enact R.S. 17:416.13(C) and (D), relative to student codes of conduct; to provide relative2 to a review by a local school board of the student code of conduct; to provide relative3 to the purpose of such review and to require certain actions as necessary; to provide4 guidelines and a timeline for such review; to provide definitions; to provide relative5 to certain notifications to students; to provide relative to the investigation of reports6 of certain prohibited actions; to provide an effective date; and to provide for related7 matters.8 Be it enacted by the Legislature of Louisiana:9 Section 1. R.S. 17:416.13(C) and (D) are hereby enacted to read as follows: 10 ยง416.13. Student code of conduct; requirement; harassment, intimidation, and11 bullying; prohibition; exemptions12 * * *13 C.(1) By not later than August 1, 2010, each city, parish, and other local14 public school board shall conduct a review of the student code of conduct required15 by this Section and amend such code as may be necessary to assure that the policy16 prohibiting the harassment, intimidation, and bullying of a student by another student17 specifically addresses the nature, extent, causes, and consequences of cyberbullying.18 (2) For the purposes of this Subsection, the term "cyberbullying" shall mean19 harassment, intimidation, or bullying of a student on school property by another20 HLS 10RS-2615 ENGROSSED HB NO. 1458 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. student using a computer, mobile phone, or other interactive or digital technology1 or harassment, intimidation, or bullying of a student while off school property by2 another student using any such means when the action or actions are intended to have3 an effect on the student when the student is on school property.4 D.(1) Beginning with the 2010-2011 school year and continuing thereafter,5 each city, parish, and other local public school board shall require that a student be6 informed in writing within ten days after enrolling in school of the prohibition7 against harassment, intimidation, and bullying, including cyberbullying, of a student8 by another student; the nature and consequences of such actions; and the proper9 process and procedure for reporting any incidents involving such prohibited actions.10 (2) By not later than the beginning of the 2010-2011 school year, each city,11 parish, and other local public school board shall develop and adopt a policy12 establishing procedures for the investigation of reports of harassment, intimidation,13 and bullying, including cyberbullying, of a student by another student.14 Section 2. This Act shall become effective upon signature by the governor or, if not15 signed by the governor, upon expiration of the time for bills to become law without signature16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17 vetoed by the governor and subsequently approved by the legislature, this Act shall become18 effective on the day following such approval.19 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)] LaBruzzo HB No. 1458 Abstract: Requires a local school board to conduct a review of its student code of conduct and amend such code as may be necessary to assure that the policy prohibiting the harassment, intimidation, and bullying of a student by another student specifically addresses the nature, extent, causes, and consequences of cyberbullying. Also defines "cyberbullying" for this purpose, requires certain notification to students, and requires a local school board to adopt a policy relative to the investigation of reports of harassment, intimidation, and bullying, including cyberbullying. Proposed law requires each local school board to conduct (by not later than Aug. 1, 2010) a review of the student code of conduct mandated by present law and amend such code as may be necessary to assure that the policy prohibiting the harassment, intimidation, and HLS 10RS-2615 ENGROSSED HB NO. 1458 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. bullying of a student by another student specifically addresses the nature, extent, causes, and consequences of cyberbullying. Provides that for the purposes of proposed law, the term "cyberbullying" means harassment, intimidation, or bullying of a student on school property by another student using a computer, mobile phone, or other interactive or digital technology, or harassment, intimidation, or bullying of a student while off school property by another student using any such means when the action or actions are intended to have an effect on the student when the student is on school property. Provides that a local school board, beginning with the 2010-2011 school year, shall require that a student be informed in writing within 10 days after enrolling in school of the prohibition against harassment, intimidation, and bullying, including cyberbullying, of a student by another student; the nature and consequences of such actions; and the process and procedures for reporting an incident involving the prohibited actions. Also requires a local school board (by not later than the beginning of the 2010-2011 school year) to adopt a policy establishing procedures for the investigation of reports involving the prohibited actions. Effective upon signature of governor or lapse of time for gubernatorial action. (Adds R.S. 17:416.13(C) and (D)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Education to the original bill. 1. Added proposed law provision relative to providing written notice to students. 2. Added proposed law provision requiring a local school board to adopt a policy relative to the investigation of reports of the prohibited actions.