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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 January 1, 2011, 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 REENGROSSED
HB NO. 1458
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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 on January 1, 2011, and continuing thereafter, each city,5
parish, and other local public school board shall require that a student be informed6
in writing within ten days after enrolling in school of the prohibition against7
harassment, intimidation, and bullying, including cyberbullying, of a student by8
another student; the nature and consequences of such actions; and the proper process9
and procedure for reporting any incidents involving such prohibited actions.10
(2) By not later than January 1, 2011, each city, parish, and other local public11
school board shall develop and adopt a policy establishing procedures for the12
investigation of reports of harassment, intimidation, and bullying, including13
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 Jan. 1, 2011) 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 bullying HLS 10RS-2615 REENGROSSED
HB NO. 1458
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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 on Jan. 1, 2011, and continuing thereafter)
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 Jan. 1, 2011) 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. Adds proposed law provision relative to providing written notice to students.
2. Adds proposed law provision requiring a local school board to adopt a policy
relative to the investigation of reports of the prohibited actions.
House Floor Amendments to the engrossed bill.
1. Changes proposed law to require that the review of the student code of conduct
by a local school board be conducted by not later than Jan. 1, 2011, rather than
by not later than Aug. 1, 2010.
2. Changes proposed law to provide that a local school board must provide certain
written notice to students beginning on Jan. 1, 2011, and continuing thereafter
rather than beginning with the 2010-2011 school year and continuing thereafter.
3. Changes proposed law to require a local school board to adopt by not later than
Jan. 1, 2011, rather than by not later than the beginning of the 2010-2011school
year a policy relative to the investigation of reports involving the prohibited
actions.