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Regular Session, 2010
HOUSE BILL NO. 1458
BY REPRESENTATIVE LABRUZZO AND SENATORS APPEL, DORSEY, LAFLEUR,
AND NEVERS
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 relative to documentation and reporting of7
certain student behavior related incidents; to provide for rules; to provide an8
effective date; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:416.13(C) and (D) are hereby enacted to read as follows: 11
ยง416.13. Student code of conduct; requirement; harassment, intimidation, and12
bullying; prohibition; exemptions13
* * *14
C.(1) By not later than January 1, 2011, the governing authority of each15
public elementary and secondary school shall conduct a review of the student code16
of conduct required by this Section and amend such code as may be necessary to17
assure that the policy prohibiting the harassment, intimidation, and bullying of a18
student by another student specifically addresses the nature, extent, causes, and19
consequences of cyberbullying.20 ENROLLEDHB NO. 1458
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(2) For the purposes of this Subsection, the term "cyberbullying" shall mean1
harassment, intimidation, or bullying of a student on school property by another2
student using a computer, mobile phone, or other interactive or digital technology3
or harassment, intimidation, or bullying of a student while off school property by4
another student using any such means when the action or actions are intended to have5
an effect on the student when the student is on school property.6
D.(1) Beginning on January 1, 2011, and continuing thereafter, the governing7
authority of each public elementary and secondary school shall inform each student,8
in writing within ten days after enrolling in school of the prohibition against9
harassment, intimidation, and bullying, including cyberbullying, of a student by10
another student; the nature and consequences of such actions; and the proper process11
and procedure for reporting any incidents involving such prohibited actions.12
(2) By not later than January 1, 2011, the governing authority of each public13
elementary and secondary school shall develop and adopt a policy establishing14
procedures for the investigation of reports of harassment, intimidation, and bullying,15
including cyberbullying, of a student by another student.16
(3)(a) The state Department of Education shall develop a behavior incidence17
checklist that the governing authority of each public elementary and secondary18
school shall use to document the details of each reported incident of harassment,19
intimidation, and bullying, including cyberbullying.20
(b) The governing authority of each public elementary and secondary school21
shall report all such documented incidences of harassment, intimidation, and22
bullying, including cyberbullying, to the Department of Education as prescribed in23
rules adopted by the State Board of Elementary and Secondary Education in24
accordance with the Administrative Procedure Act.25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28 ENROLLEDHB NO. 1458
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: