HLS 10RS-218 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 405
BY REPRESENTATIVE DIXON
BESE: Requires BESE to adopt guidelines for the use of seclusion and physical and
mechanical restraint of students with exceptionalities
AN ACT1
To amend and reenact R.S. 17:7(5), relative to the powers, duties, and responsibilities of the2
State Board of Elementary and Secondary Education; to provide that the board shall3
adopt guidelines for the use of seclusion, physical restraint, and mechanical restraint4
of certain students; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 17:7(5) is hereby amended and reenacted to read as follows:7
ยง7. Duties, functions, and responsibilities of board8
In addition to the authorities granted by R.S. 17:6 and any powers, duties, and9
responsibilities vested by any other applicable laws, the board shall:10
* * *11
(5)(a) Prepare and adopt or approve Approve courses of study and prepare12
and adopt rules, by-laws, and regulations for the discipline of students, and for the13
government governance of the public elementary and secondary schools and other14
public schools and programs under its jurisdiction, which shall not be inconsistent15
with law and which shall be enforced by the parish and city, parish, and other local16
public school boards and the parish and city local school superintendents. However,17
; however, the board shall have no control over the business affairs of a parish or18
city, parish, or other local public school board or the selection or removal of its19
officers and employees.20 HLS 10RS-218 REENGROSSED
HB NO. 405
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) Prepare and adopt guidelines for the appropriate use of seclusion,1
physical restraint, and mechanical restraint of students with exceptionalities as2
defined in R.S. 17:1942.3
* * *4
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)]
Dixon HB No. 405
Abstract: Requires the State Board of Elementary and Secondary Education to adopt
guidelines for the appropriate use of seclusion, physical restraint, and mechanical
restraint of students with exceptionalities.
Present law provides for the powers, duties, and responsibilities of the State Board of
Elementary and Secondary Education (BESE), including to prepare and adopt or approve
courses of study and rules and regulations for the discipline of students and the governance
of public schools and programs under its jurisdiction, which shall be enforced by local public
school boards and superintendents.
Proposed law retains present law and further requires BESE to prepare and adopt guidelines
for the appropriate use of seclusion, physical restraint, and mechanical restraint of students
with exceptionalities.
(Amends R.S. 17:7(5))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Added the use of mechanical restraint and any combination of seclusion, physical
restraint, or mechanical restraint to proposed law requirements.
House Floor Amendments to the engrossed bill.
1. Changed proposed law requirement that BESE prepare and adopt rules and
regulations for the use of seclusion, physical restraint, and mechanical restraint
of students to instead require that BESE prepare and adopt guidelines for the
appropriate use of such methods.
2. Limited applicability of proposed law to students with exceptionalities.