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Regular Session, 2010
HOUSE BILL NO. 732
BY REPRESENTATIVE NORTON
STUDENT/DISCIPLINE: Prohibits corporal punishment in public elementary and
secondary schools
AN ACT1
To amend and reenact R.S. 17:81.6(A), 223, 235.1(B)(introductory paragraph) and (4)(a),2
416.1(B), and 3996(B)(2), relative to student discipline; to prohibit the use of3
corporal punishment in public elementary and secondary schools; to provide that the4
governing authorities of such schools shall have no discretion with respect to the use5
of corporal punishment; to require such governing authorities to adopt rules and6
regulations relative to such prohibition; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:81.6(A), 223, 235.1(B)(introductory paragraph) and (4)(a),9
416.1(B), and 3996(B)(2) are hereby amended and reenacted to read as follows: 10
§81.6. Investigation of employees 11
A. On or before January 1, 1989, each city and parish Each city, parish, or12
other local public school board shall adopt a policy establishing the procedures for13
the investigation of employees accused of impermissible corporal punishment or14
moral offenses involving students.15
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§223. Discipline of pupils; prohibition of corporal punishment; suspension from1
school, corporal punishment 2
A. Every teacher is authorized to hold every pupil to a strict accountability3
for any disorderly conduct in school or on the playground of the school, or on any4
school bus going to or returning from school, or during intermission or recess. 5
B. Beginning with the 2010-2011 school year and continuing thereafter, the6
use of any form of corporal punishment is prohibited in any public elementary or7
secondary school. The governing authority of a public elementary or secondary Each8
parish and city school board shall have no discretion in the use of corporal9
punishment. In those cases in which a parish or city school board decides to use10
corporal punishment, each parish or city Prior to the beginning of the 2010-201111
school year, each governing authority of a public elementary or secondary school12
board shall adopt such rules and regulations as it deems necessary to implement and13
control prohibit any form of corporal punishment in the schools in its district. all14
schools under its jurisdiction.15
B. C. In addition, school principals may suspend from school any pupil for16
good cause, as stated in R.S. 17:416. Principals shall notify the visiting teacher or17
supervisor of child welfare and/or and attendance of all suspensions. In all cases of18
suspensions, the parent, the superintendent of schools, and the visiting teacher or19
supervisor of child welfare and/or and attendance shall be notified in writing of the20
facts concerning each suspension, including reasons therefor and terms thereof. 21
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§235.1. Parent orientation; mandatory for school entrance; city and parish school23
boards; guidelines; employer responsibilities24
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B. Each city, and parish, or other local public school board shall conduct a26
parent orientation course according to the following guidelines:27
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(4) At the parent orientation meeting, the school board or its representative1
shall provide each parent or guardian a copy of and shall explain school board2
policies which:3
(a) Govern the discipline of students, including but not limited to the4
prohibition of corporal punishment, and the detention, suspension, and expulsion of5
students.6
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§416.1. Discipline of pupils; additional disciplinary authority ; prohibition of8
corporal punishment 9
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B. Each parish and city Beginning with the 2010-2011 school year and11
continuing thereafter, the use of any form of corporal punishment is prohibited in any12
public elementary or secondary school. The governing authority of a public13
elementary or secondary school board shall have the no discretion with respect to the14
use of corporal punishment. In those cases in which a parish or city school board15
decides to use corporal punishment, each parish or city Prior to the beginning of the16
2010-2011 school year, each governing authority of a public elementary or17
secondary school board shall adopt such rules and regulations as it deems necessary18
to implement and control prohibit any form of corporal punishment in the schools19
in its district. all schools under its jurisdiction.20
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§3996. Charter schools; exemptions22
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B. Notwithstanding any state law, rule, or regulation to the contrary and24
except as may be otherwise specifically provided for in an approved charter, a25
charter school established and operated in accordance with the provisions of this26
Chapter and its approved charter and the school's officers and employees shall be27
exempt from all statutory mandates or other statutory requirements that are28 HLS 10RS-1496 ORIGINAL
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applicable to public schools and to public school officers and employees except for1
the following laws otherwise applicable to public schools with the same grades:2
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(2) Corporal punishment, R.S. 17:223 and 416.1, and suspension of students,4
R.S. 17:223.5
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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)]
Norton HB No. 732
Abstract: Prohibits corporal punishment in public elementary and secondary schools.
Present law allows school boards discretion relative to corporal punishment and requires
them to adopt rules and regulations to implement and control its use. Proposed law,
beginning with the 2010-11 school year, prohibits corporal punishment in public schools,
removes such discretion from school boards, and requires public school governing
authorities to adopt rules and regulations for such prohibition.
Present law requires school boards to conduct parent orientation, including policies on
corporal punishment. Proposed law provides rather that orientation shall include policies
on the prohibition of corporal punishment and otherwise retains present law.
(Amends R.S. 17:81.6(A), 223, 235.1(B)(intro. para.) and (4)(a), 416.1(B), and 3996(B)(2))