Louisiana House Bill HB405

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Report Pass: 4/20/10
• Engrossed: 5/11/10
• Refer: 5/12/10
• Report Pass: 6/1/10
• Enrolled: 6/21/10
• Chaptered: 6/29/10
• Passed: 6/29/10

Caption

Requires BESE to adopt guidelines for the use of seclusion and physical and mechanical restraint of students with exceptionalities

Impact

The passage of HB 405 would directly amend existing statutes related to how public schools handle discipline, particularly concerning students with special needs. By establishing clear rules and regulations, the bill seeks to mitigate the potential abuse of seclusion and restraint techniques, ultimately fostering a more supportive educational environment. The necessity for such a bill reflects ongoing concerns about student safety and the humane treatment of those with disabilities.

Summary

House Bill 405 aims to enhance the responsibility and oversight of the State Board of Elementary and Secondary Education (BESE) regarding the treatment of students with exceptionalities in Louisiana's public schools. The legislation mandates that the board adopt specific guidelines outlining the appropriate use of seclusion, physical restraint, and mechanical restraint. This move is significant in clarifying how educational institutions can manage behavioral issues involving this vulnerable group of students, providing a framework intended to protect their rights and well-being.

Sentiment

The sentiment surrounding HB 405 is largely positive among advocates for children with disabilities, parents, and educators who emphasize the need for clearer regulations. Supporters argue that the guidelines will protect students from inappropriate or excessive use of restraint, while also providing schools with structured protocols to address crisis situations effectively. Conversely, some critics might express concerns about overly prescriptive regulations that could inhibit teachers' ability to manage classrooms flexibly.

Contention

Notable points of contention around the bill include debates over how restrictive the guidelines should be and what constitutes appropriate use of seclusion and restraint. There may also be discussions about the resources and training necessary for teachers and staff to implement these guidelines safely and effectively. Achieving a balance between ensuring student safety and allowing educators the necessary discretion to manage their classrooms remains a critical debate within the context of this legislation.