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Regular Session, 2010
SENATE BILL NO. 628
BY SENATOR DUPLESSIS
STUDENTS. Provides relative to student suspensions and expulsions. (8/15/10)
AN ACT1
To amend and reenact R.S. 17:416(A)(1)(a), (c)(iii) and (v), (2)(b)(ii), (3)(a), (b)(i) and (d),2
(B)(2), and (C)(1), and to enact R.S. 17:416(A)(2)(b)(v), (B)(d)(v) through (viii), and3
(J), relative to the discipline of pupils; to provide for implementation of a positive4
behavioral supports discipline system; to provide for disciplinary measures; to5
provide for the creation and implementation of a central administrative electronic6
tracking system; to provide for annual reports; to provide for expulsion hearings; to7
provide for infraction classifications and corrective strategies; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:416(A)(1)(a), (c)(iii) and (v), (2)(b)(ii), (3)(a), (b)(i) and (d),11
(B)(2), and (C)(1) are hereby amended and reenacted and R.S. 17:416(A)(2)(b)(v), (B)(d)(v)12
through (viii), and (J) are hereby enacted to read as follows:13
ยง416. Discipline of pupils; suspension; expulsion14
A.(1)(a) Every teacher shall endeavor to hold every pupil to a strict15
accountability for any disorderly conduct in school or on the playgrounds of the16
school, on the street or road while going to or returning from school, or during17 SB NO. 628
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intermission or recess. (i) It is the responsibility of each city, parish and other1
local public school board to promote a safe and supportive learning2
environment and to protect students and staff from conduct that poses a serious3
threat to school safety. Alternatives to expulsion or referral to law enforcement4
agencies should be utilized by addressing disruptive behavior through5
restitution, positive behavior approaches, and restorative practices.6
(ii) On or before July 31, 2012, each city, parish, or other local public7
school board shall implement a research and evidence-based positive behavioral8
supports discipline program. Positive behavioral supports, hereafter referred9
to as PBS, is a data-driven discipline program designed to improve student10
behavior, reduce discipline referrals, and promote a climate of enhanced11
student learning and school safety. PBS utilizes school-wide and individualized12
teaching and modeling that recognizes and rewards positive student behavior.13
(iii) The Department of Education shall develop training materials for14
school boards to use in implementing a PBS discipline program. The15
department shall also establish and maintain a list of educators who are16
knowledgeable and experienced in implementing research and evidence-based17
PBS discipline programs and those individuals available to assist school boards18
in implementation of the program. Each city, parish and other local public19
school board shall use a portion of its teacher professional days to train teachers20
and staff in the PBS discipline program.21
* * *22
(c)23
* * *24
(iii) A pupil in kindergarten through grade six removed from a class pursuant25
to this Subparagraph shall not be permitted to return to the class for at least thirty26
minutes unless agreed to by the teacher initiating the disciplinary action. A pupil in27
grades seven through twelve removed from a class pursuant to this Subparagraph28
shall not be permitted to return to the class during the same class period unless29 SB NO. 628
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agreed to by the teacher initiating the disciplinary action. Additionally, the pupil1
shall may not be readmitted to the class until the principal or his designee has2
implemented or referred a student to one of the following disciplinary measures:3
(aa) Problem solving/contracting.4
(bb) Assigned mini course or skill module.5
(cc) Referral to counselor or social worker.6
(dd) Community service.7
(ee) Mediation8
(ff) Loss of privileges.9
(gg) Saturday school.10
(hh) In-school suspension.11
(bb)(ii) Detention.12
(cc) Suspension.13
(dd) Initiation of expulsion hearings.14
(ee) Assignment to an alternative school.15
(ff)(jj) Requiring the completion of all assigned school and homework which16
would have been assigned and completed by the student during the period of17
suspension.18
(gg)(kk) Any other disciplinary measure authorized by the principal with the19
concurrence of the teacher or the building level committee pursuant to law and board20
policy.21
* * *22
(v) Upon the third removal from the same classroom pursuant to this23
Subparagraph, the teacher and the principal shall discuss the disruptive behavior24
patterns of the pupil and the potentially appropriate disciplinary measure before the25
principal implements a disciplinary measure. If appropriate, a referral of the matter26
may be made to an appropriate building level committee. In addition, a conference27
between the teacher or other appropriate school employee and the pupil's parent,28
tutor, or legal guardian shall may be required prior to the pupil being readmitted.29 SB NO. 628
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* * *1
(2) As used in this Section:2
* * *3
(b)4
* * *5
(ii) Failure or refusal by a pupil to participate in assigned detention shall6
may subject the pupil to immediate suspension.7
* * *8
(v) "Out-of-school suspension" means the temporary removal of a pupil9
in grades kindergarten through twelve for not more than three days per10
suspension. Suspensions may be limited to one or two days and the pupil shall11
be required to return to school after the term of suspension is completed.12
During the suspension period, pupils shall not be allowed on any school13
property. Pupils in grades kindergarten through five shall be suspended not14
more than five days in one school year. Pupils in grades six through twelve shall15
be suspended not more than ten days in one school year. If a pupil enrolls in or16
is transferred to another school, the total number of days for which he can be17
suspended shall not exceed five if he is enrolled in grades kindergarten through18
five. If the pupil is enrolled in grades six through twelve, he shall be suspended19
not more than ten days.20
* * *21
(3)(a)(i) A school principal may suspend from school or suspend from riding22
on any school bus any pupil who:23
(i) Is guilty of willful disobedience.24
(ii) Treats a teacher, principal, superintendent, member, or employee of the25
local school board with intentional disrespect.26
(iii) Makes against any one of them an unfounded charge.27
(iv) Uses unchaste or profane language.28
(v) Is guilty of immoral or vicious practices, or of conduct or habits injurious29 SB NO. 628
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to his associates.1
(vi)(aa) Uses tobacco or who possesses alcoholic beverages or any2
controlled dangerous substance governed by the Uniform Controlled Dangerous3
Substances Law, in any form, in school buildings, on school grounds, or on school4
buses owned by, contracted to, or jointly owned by any city or parish school board.5
(vii) Disturbs the school and habitually violates any rule.6
(viii)(bb) Cuts, defaces, or injures any part of public school buildings, any7
property belonging to the buildings, or any school buses owned by, contracted to, or8
jointly owned by any city or parish school board.9
(ix) Writes any profane or obscene language or draws obscene pictures in or10
on any school material or on any public school premises, or on any fence, pole,11
sidewalk, or building on the way to or from school, or on any school bus, including12
those owned by, contracted to, or jointly owned by any city or parish school board.13
(x)(cc) Is found carrying firearms, knives, or other implements which can be14
used as weapons, the careless use of which might inflict harm or injury.15
(xi)(dd) Throws missiles liable to injure other persons on the school grounds16
or while on any school bus, including those owned by, contracted to, or jointly17
owned by any city or parish school board.18
(xii) Instigates or participates in fights while under school supervision.19
(xiii) Violates traffic and safety regulations.20
(xiv) Leaves the school premises without permission.21
(xv) Leaves his classroom during class hours or detention without22
permission.23
(xvi) Is habitually tardy or absent.24
(xvii)(ee) Commits any other serious offense.25
(ii) A school principal shall not suspend a pupil from school or suspend26
a pupil from riding a school bus. However, a pupil may receive an in-school27
suspension, Saturday detention or other positive behavior strategies designed28
to teach and reinforce alternative appropriate behavior for the following29 SB NO. 628
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offenses:1
(aa) Willful disobedience by refusing or failing to follow directions.2
(bb) Treats authority with disrespect by talking back, using a scornful3
or mocking voice, or making gestures that exceed basic community norms for4
decency toward any teacher or staff member.5
(cc) Makes an unfounded charge against any teacher or staff member6
that is unlawful or a violation of school rules and is not supported by any7
evidence.8
(dd) Is guilty of immoral or vicious practices deemed to be dangerously9
aggressive or likely to be perceived as disturbing or harassing by local10
community norms.11
(ee) Disturbs the classroom by talking in a loud voice, yelling,12
screaming, making noise with materials, or sustained out-of-seat behavior.13
(ff) Instigates or participates in any act of force or physical violence that14
can be expected to cause harm or injury to another person while under school15
supervision.16
(gg) Violates traffic and safety regulations.17
(hh) Leaves the school premises or classroom without permission.18
(ii) Is habitually tardy or absent. However, a pupil shall not be19
suspended for reasons that go beyond a pupil's control that prohibits the pupil20
from being present at the beginning of a class period or at the start of the school21
day, or from showing up to class or school on time.22
(iii) A pupil shall not be suspended in or out of school for a uniform23
violation.24
(iv) Upon returning from a suspension, pupils in grades kindergarten25
through twelve shall meet with the principal or his designee to discuss the26
pupil's action that caused the suspension and conduct a reintegration process27
before returning him to his assigned classroom. No pupil shall remain out of28
school pending the meeting.29 SB NO. 628
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(v) Pupils suspended for more than two days, except those pupils1
recommended for expulsion, shall temporarily be assigned to the student2
support service department for the duration of the suspension.3
(b)(i) Prior to any suspension, the school principal, or his designee, shall4
advise the pupil in question of the particular misconduct of which he is accused as5
well as the basis for such accusation, and the pupil shall be given an opportunity at6
that time to explain his version of the facts to the school principal or his designee.7
In each case of suspension or expulsion the school principal, or his designee, shall8
contact by telephone at the telephone number shown on the pupil's registration card9
or send a certified letter at the address shown on the pupil's registration card to the10
parent, tutor, or legal guardian of the pupil in question giving notice of the11
suspension or expulsion, the reasons therefor and establishing a date and time for a12
conference with the principal or his designee as a requirement for readmitting the13
pupil provided that in the case of expulsion, the contact with the parent or guardian14
shall include a certified letter. If the parent, tutor, or legal guardian fails to attend the15
required conference within five school days of mailing the certified letter or other16
contact with the parent, the truancy laws shall become effective. On not more than17
one occasion each school year when the parent, tutor, or legal guardian refuses to18
respond, the principal may determine whether readmitting the pupil is in the best19
interest of the student. On any subsequent occasions in the same year, the pupil shall20
not be readmitted unless the parent, tutor, legal guardian, court, or other appointed21
representative responds. A pupil whose presence in or about a school poses a22
continued danger to any person or property or an ongoing threat of disruption to the23
academic process shall be immediately removed from the school premises without24
the benefit of the procedure described hereinabove; however, the necessary25
procedure shall follow as soon as is practicable.26
* * *27
(d) A pupil suspended for damages to any property belonging to the school28
system or to property contracted to the school system shall not be readmitted until29 SB NO. 628
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payment in full has been arrangements have been made for such damage or until1
directed by the superintendent of schools. If the property damaged is a school bus2
owned by, contracted to, or jointly owned by any parish or city school board, a pupil3
suspended for such damage shall may not be permitted to enter or ride any school4
bus until payment in full has been arrangements have been made for such damage5
or until directed by the superintendent of schools. If the pupil is unable to pay for6
the damages the pupil may be readmitted if the pupil or parent, in a written7
agreement, agrees to repair or pay the actual cost of the damages.8
* * *9
B.10
* * *11
(2) Any pupil who has been suspended on three occasions for committing12
any of the offenses Level 2 and Level 3 infractions enumerated in this Subsection13
or Subsection C as provided in Subsections(J)(3) and (J)(7) of this Section during14
the same school year shall may, upon committing the fourth such offense, be15
expelled from all the public schools of the city, parish, or other local public school16
system wherein he resided until the beginning of the next regular school year, and17
the pupil's reinstatement shall be subject to the review and approval of the local18
school board.19
(3)20
* * *21
(d)22
* * *23
(v) Each city, parish or other local public school board shall provide for24
the creation and implementation of a central administrative electronic tracking25
system for the purpose of collecting, reviewing, and reporting on an annual26
basis, the number of school disciplinary referrals, in-school suspensions, out-of-27
school suspensions, expulsions, alternative school placements, arrests, and28
referrals to the juvenile justice system, disaggregated on the basis of race,29 SB NO. 628
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ethnicity, disability, and gender under the guidelines for determining the1
existence of disproportionality in discipline or inappropriately high rates of2
suspension or expulsion.3
(vi) If the number of pupils suspended from school during the prior4
school year exceeded thirty percent of the school's enrollment, the school shall5
provide for the creation and implementation of a plan to decrease the number6
of out-of-school suspensions and submit such a plan to the city, parish or other7
local school board and the State Board of Elementary and Secondary8
Education.9
(vii) At the end of each academic year, the school shall submit a report10
to the city, parish, or other local public school board, the Department of11
Education, and the State Board of Elementary and Secondary Education on the12
rate of reduction in the school's off-campus suspensions and the plan or13
activities used to comply with Item (v) of this Subparagraph.14
(viii) It is the intent of the legislature to encourage schools that choose15
to examine alternatives to off-campus suspensions that lead to resolution of16
pupil misconduct without sending pupils off campus. Such schools shall not be17
precluded from suspending pupils to an off-campus site.18
C.(1) Upon the recommendation by a principal for the expulsion of any19
student as authorized by Subsection B hereof, a hearing shall be conducted by the20
superintendent or by any other person designated so to do by the superintendent to21
determine the facts of the case and make a finding of whether or not the student is22
guilty of conduct warranting a recommendation of expulsion. Upon the conclusion23
of the hearing and upon a finding that the student is guilty of conduct warranting24
expulsion, the superintendent, or his designee, shall determine whether such student25
shall be expelled from the school system or if other corrective or disciplinary action26
shall be taken. At said hearing the principal or teacher concerned may be represented27
by any person appointed by the superintendent. The concerned teacher shall be28
permitted to attend such hearing and shall be permitted to present information the29 SB NO. 628
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teacher believes relevant. Until such hearing takes place the student shall remain1
suspended from the school. Every pupil shall receive an expulsion hearing within2
three days after the incident. If a hearing is not conducted within three days,3
the student shall return to school until the hearing takes place. At such hearing4
the student and parent may be represented by any person of his choice.5
* * *6
J. There shall be three levels of disciplinary infraction classifications7
utilized by each city, parish and local public school board. Each classification8
shall be based upon the severity of the disciplinary violation and have corrective9
strategies associated with it. The classifications shall be:10
(1)(a) Level 1 (minor) infractions. Level 1 infractions shall be11
disciplinary incidents which do not warrant a discipline referral and consist of12
behavior that is of low intensity, passive in nature, or non-threatening. Level13
1 infractions include but are not limited to:14
(i) Horseplay or running in the hall or classroom.15
(ii) Throwing objects.16
(iii) Dress code violation.17
(iv) Inappropriate items in class.18
(v) Passive non-compliance, including but not limited to, sleeping or19
refusing to participate.20
(b) The corrective strategies which shall be employed with first offense21
Level 1 infractions shall include but not be limited to:22
(i) Re-teach the behavioral expectations.23
(ii) Have the student apologize and make amends with those affected.24
(iii) Provide a reflective activity.25
(c) The corrective strategies which shall be employed for repeated Level26
1 infractions shall include but not be limited to:27
(i) Contact or conference with parent or guardian.28
(ii) Implementation of a home/school communications system.29 SB NO. 628
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(iii) Utilization of Check-In/Check-Out.1
(iv) Loss of privileges.2
(v) Implementation of a behavior contract which includes expected3
student behavior, incentives for demonstrating expected behavior, and4
consequences for infractions.5
(vi) Referral to the school social worker.6
(vii) Referral to the response to intervention team.7
(viii) After school detention.8
(ix) Saturday school.9
(2)(a) Level 2 (major) infractions. Level 2 infractions shall be10
disciplinary incidents that severely interfere with others' safety, are of a11
threatening or harmful nature, or are violations of law and warrant12
administrative intervention. Level 2 disciplinary infractions include but are not13
limited to:14
(i) Fighting or instigating a fight.15
(ii) Using or possessing tobacco products, matches, or lighters.16
(iii) Being under the influence of drugs or alcohol while on school17
property.18
(iv) Possession of stolen property.19
(v) Making a threat.20
(b) The corrective strategies which shall be employed with Level 221
infractions shall include but not be limited to:22
(i) Mandatory contact by the school of a parent to inform the parent of23
the accusation levied against the pupil and the status of the investigation.24
Parents shall be given the option to attend a pupil conference.25
(ii) Mandatory pupil conference and investigation by the school26
administration.27
(c) If the school principal determines that disciplinary action is28
warranted, the one or more of the following disciplinary actions shall be taken:29 SB NO. 628
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(i) Mandatory conference with the pupil, the parents of the pupil, the1
principal or his designee, and any staff members involved or witnessing the2
incident being investigated to determine and implement appropriate corrective3
strategies.4
(ii) Referral to the response to intervention team to complete a5
functional behavioral analysis and implement a behavioral intervention plan.6
(iii) Mandatory suspension.7
(d) If a pupil is accused of disciplinary infractions listed in8
Subparagraphs (J)(2)(a)(i) and (v) of this Section, the following corrective9
strategies shall be utilized:10
(i) Mandatory contact by the school of a parent to inform the parent of11
the accusation levied against the pupil and the status of the investigation.12
Parents shall be given the option to attend a pupil conference.13
(ii) Conference with the pupil.14
(iii) Assessment by the Response to Intervention team to determine the15
appropriate intervention.16
(3)(a) Level 3 (major) infractions. Level 3 infractions shall be17
disciplinary incidents that require an immediate response from school18
administrators, a crisis team, or community support. Level 3 disciplinary19
infractions include but are not limited to:20
(i) Possession, use, or concealment of illegal drugs or firearms at school21
or school related activities.22
(ii) Aggravated assault on another pupil or school employee.23
(iii) Sexual assault.24
(iv) Arson.25
(v) Possession of a weapon.26
(vi) Use of any object or substance to harm, frighten, or intimidate27
others.28
(vii) Causing false fire alarms or making bomb threats.29 SB NO. 628
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(b) For infractions involving possession, use, or concealment of illegal1
drugs or firearms, a corrective strategy of a mandatory student conference and2
school level investigation shall be utilized.3
(c) If the school principal determines that a recommendation for4
expulsion is warranted, the following corrective strategies shall be utilized:5
(i) Mandatory parental contact.6
(ii) Mandatory school level conference.7
(iii) Mandatory referral to the response to intervention team to complete8
the functional behavioral assessment.9
(iv) Mandatory referral to the school social worker.10
(v) Mandatory recommendation for expulsion and interim placement.11
(d) For all other Level 3 disciplinary infractions, a corrective strategy12
of a mandatory student conference and school level investigation shall be13
utilized.14
(e) If the principal determines that a recommendation for expulsion is15
warranted:16
(i) Mandatory parental contact.17
(ii) Mandatory school level conference with school social workers18
present.19
(iii) Referral to the response to intervention team to complete the20
functional behavioral assessment and implement a behavioral intervention plan.21
(iv) Mandatory referral to the school social worker for assessment and,22
if necessary, referral to emergency mental health treatment or implementation23
of school-based treatment plan.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Nancy Vicknair.
DIGEST
Present law requires every teacher to hold every pupil to a strict accountability for any
disorderly conduct in school or on the playgrounds of the school, on the street or road while
going to or returning from school, or during intermission or recess. SB NO. 628
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Proposed law deletes this requirement and provides that it is the responsibility of each city,
parish or other local public school board to promote a safe and supportive learning
environment and to protect students and staff from conduct that poses a serious threat to
school safety.
Proposed law provides alternatives to expulsion or referral to law enforcement agencies
which should be utilized by addressing disruptive behavior through restitution, positive
behavior approaches, and restorative practices.
Proposed law requires, on or before July 31, 2012, each city, parish, or other local public
school board to implement a research and evidence-based Positive Behavioral Supports
discipline program, hereafter referred to as PBS. PBS is a data-driven discipline program
designed to improve student behavior, reduce discipline referrals, and promote a climate of
enhanced student learning and school safety. PBS utilizes school wide and individualized
teaching and modeling that recognizes and rewards positive student behavior.
Proposed law requires the Dept. of Education to develop training materials for school boards
to use in implementing a PBS discipline program. Further requires the department to also
establish and maintain a list of educators who are knowledgeable and experienced in
implementing research and evidence-based PBS discipline programs, and those individuals
available to assist school boards in implementation of the program. Further requires each
city, parish and other local public school board shall use a portion of its teacher professional
days to train teachers and staff in the PBS discipline program.
Present law requires that a pupil in kindergarten through grade 6 who has been removed
from a class not be permitted to return to the class for at least 30 minutes unless agreed to
by the teacher initiating the disciplinary action. Proposed law retains present law.
Present law requires that a pupil in grades 7 through 12 removed from a class not be
permitted to return to the class during the same period unless agreed to by the teacher
initiating the disciplinary action. Proposed law retains present law.
Present law further requires the pupil not be readmitted to the class until the principal has
implemented one of the following disciplinary measures:
(1)In-school suspension.
(2)Detention.
(3)Suspension.
(4)Initiation of expulsion hearings.
(5)Assignment to an alternative school.
(6)Require completion of all assigned school and homework which would have been
assigned and completed by the student during the period of suspension.
(7)Any other disciplinary measure authorized by the principal with the concurrence of
the teacher or the building level committee pursuant to law and board policy.
Proposed law deletes such disciplinary measures including suspension, initiation of
expulsion hearings, and assignment to an alternative school. Adds the following disciplinary
measures for referral by the principal or his designee:
(1)Problem solving/contracting.
(2)Assigned mini course or skill module. SB NO. 628
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(3)Referral to counselor or social worker.
(4)Community service.
(5)Mediation
(6)Loss of privileges.
(7)Saturday school.
Present law requires, upon the third removal from the same classroom, the teacher and the
principal to discuss the disruptive behavior patterns of the pupil and the potentially
appropriate disciplinary measure before the principal implements a disciplinary measure.
Proposed law retains present law.
Present law authorizes that, if appropriate, a referral of the matter be made to an appropriate
building level committee. Proposed law retains present law.
Additionally, present law requires that a conference between the teacher or other appropriate
school employee and the pupil's parent, tutor, or legal guardian be held prior to the pupil
being readmitted. Proposed law authorizes, rather than requires, a conference between the
teacher or other school employee and the pupil's parent, tutor, or legal guardian and deletes
language regarding the conference being held "prior to the pupil being readmitted."
Present law requires immediate suspension for failure or refusal by a pupil to participate in
assigned detention.
Proposed law authorizes rather than requires such suspension.
Proposed law defines "Out-of-school suspension" as the temporary removal of a pupil in
grades kindergarten through twelve for not more than 3 days per suspension.
Proposed law provides that suspensions may be limited to one or two days and requires the
pupil to return to school after the term of suspension is completed. Further requires that
during the suspension period, pupils not be allowed on any school property.
Proposed law requires that pupils in grades kindergarten through five be suspended not more
than five days in one school year. Further requires that pupils in grades six through twelve
be suspended not more than 10 days in one school year.
Proposed law requires that if a pupil enrolls in or is transferred to another school, the total
number of days for which he can be suspended not exceed five if he is enrolled in grades
kindergarten through five. If the pupil is enrolled in grades six through twelve, he shall be
suspended not more than 10 days.
Present law authorizes a school principal to suspend any pupil from school or from riding
on any school bus if the pupil:
(1)Is guilty of willful disobedience.
(2)Treats a teacher, principal, superintendent, member, or employee of the local school
board with intentional disrespect.
(3)Makes against any one of them an unfounded charge.
(4)Uses unchaste or profane language.
(5)Is guilty of immoral or vicious practices, or of conduct or habits injurious to his SB NO. 628
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associates.
(6)Uses tobacco or who possesses alcoholic beverages or any controlled dangerous
substance governed by the Uniform Controlled Dangerous Substances Law, in any
form, in school buildings, on school grounds, or on school buses owned by,
contracted to, or jointly owned by any city or parish school board.
(7)Disturbs the school and habitually violates any rule.
(8)Cuts, defaces, or injures any part of public school buildings, any property belonging
to the buildings, or any school buses owned by, contracted to, or jointly owned by
any city or parish school board.
(9)Writes any profane or obscene language or draws obscene pictures in or on any
school material or on any public school premises, or on any fence, pole, sidewalk,
or building on the way to or from school, or on any school bus, including those
owned by, contracted to, or jointly owned by any city or parish school board.
(10)Is found carrying firearms, knives, or other implements which can be used as
weapons, the careless use of which might inflict harm or injury.
(11)Throws missiles liable to injure other persons on the school grounds or while on any
school bus, including those owned by, contracted to, or jointly owned by any city or
parish school board.
(12)Instigates or participates in fights while under school supervision.
(13)Violates traffic and safety regulations.
(14)Leaves the school premises without permission.
(15)Leaves his classroom during class hours or detention without permission.
(16)Is habitually tardy or absent.
(17)Commits any other serious offense.
Proposed law retains the following provisions:
(1)Regarding any pupil who uses tobacco or who possesses alcoholic beverages or any
controlled dangerous substance.
(2)Regarding any pupil who cuts, defaces, or injures any part of school buildings or
school buses.
(3)Regarding any pupil found carrying weapons.
(4)Regarding any pupil who throws missiles liable to injure other persons on the school
grounds or while on any school bus.
(5)Regarding any pupil who commits any other serious offense.
Proposed law requires that a school principal not suspend a pupil from school or suspend a
pupil from riding a school bus. Proposed law authorizes, however, a pupil to receive an in-
school suspension, Saturday detention or other positive behavior strategies designed to teach
and reinforce alternative appropriate behavior for the following offenses:
(1)Willful disobedience by refusing or failing to follow directions. SB NO. 628
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(2)Treats authority with disrespect by talking back, using a scornful or mocking voice,
or making gestures that exceed basic community norms for decency toward any
teacher or staff member.
(3)Makes an unfounded charge against any teacher or staff member that is unlawful or
a violation of school rules and is not supported by any evidence.
(4)Is guilty of immoral or vicious practices deemed to be dangerously aggressive or
likely to be perceived as disturbing or harassing by local community norms.
(5)Disturbs the classroom by talking in a loud voice, yelling, screaming, making noise
with materials, or sustained out-of-seat behavior.
(6)Instigates or participates in any act of force or physical violence that can be expected
to cause harm or injury to another person while under school supervision.
(7)Violates traffic and safety regulations.
(8)Leaves the school premises or classroom without permission.
(9)Is habitually tardy or absent. However, a pupil shall not be suspended for reasons
that go beyond a pupil's control that prohibits the pupil from being present at the
beginning of a class period or at the start of the school day, or from showing up to
class or school on time.
Proposed law further requires that a pupil not be suspended in or out of school for a uniform
violation.
Proposed law requires that, upon returning from a suspension, pupils in grades kindergarten
through twelve meet with the principal or his designee to discuss the pupil's action that
caused the suspension and conduct a reintegration process before returning the pupil to his
assigned classroom. Further requires that no pupil remain out of school pending the
meeting.
Proposed law requires that pupils suspended for more than 2 days, except those pupils
recommended for expulsion, be temporarily be assigned to the student support service
department for the duration of the suspension.
Present law requires that prior to any suspension, the school principal, or his designee,
advise the pupil in question of the particular misconduct of which he is accused as well as
the basis for such accusation, and the pupil shall be given an opportunity at that time to
explain his version of the facts. Further requires that in each case of suspension or
expulsion, the school principal or his designee, contact by telephone at the telephone number
shown on the pupil's registration card or send a certified letter at the address shown on the
pupil's registration card to the parent, tutor, or legal guardian of the pupil in question giving
notice of the suspension or expulsion, the reasons therefor and establishing a date and time
for a conference with the principal or his designee as a requirement for readmitting the pupil.
Requires that a pupil whose presence in or about a school poses a continued danger to any
person or property or poses an ongoing threat of disruption to the academic process, be
immediately removed from the school premises without the benefit of the procedure;
however, the necessary procedure shall follow as soon as is practicable. Requires that in the
case of expulsion, the contact with the parent or guardian include a certified letter. Further
requires that if the parent, tutor, or legal guardian fails to attend the required conference
within 5 school days of mailing the certified letter or other contact with the parent, the
truancy laws shall become effective. Requires that a pupil whose presence in or about a
school poses a continued danger to any person or property or poses an ongoing threat of
disruption to the academic process, be immediately removed from the school premises
without the benefit of the procedure; however, the necessary procedure shall follow as soon SB NO. 628
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as is practicable.
Proposed law retains present law.
Present law provides that on not more than one occasion each school year when the parent,
tutor, or legal guardian refuses to respond, the principal may determine whether readmitting
the pupil is in the best interest of the student. Requires that on any subsequent occasions in
the same year, the pupil not be readmitted unless the parent, tutor, legal guardian, court, or
other appointed representative responds.
Proposed law deletes this provision.
Present law requires that a pupil suspended for damages to any property belonging to the
school system or to property contracted to the school system not be readmitted until payment
in full has been made for such damage or until directed by the superintendent of schools.
Proposed law retains present law except that prior to a pupil being readmitted, arrangements
for payment must be made for such damage.
Present law requires that if the property damaged is a school bus owned by, contracted to,
or jointly owned by any parish or city school board, a pupil suspended for such damage not
be permitted to enter or ride any school bus until payment in full has been made for such
damage or until directed by the superintendent of schools.
Proposed law provides that if the pupil is unable to pay for the damages he may be
readmitted if the pupil or parent, in a written agreement, agrees to repair or pay the actual
cost of the damages.
Present law requires any pupil who has been suspended on three occasions for committing
certain offenses during the same school year to be expelled from all the public schools of the
city, parish, or other local public school system wherein he resided until the beginning of the
next regular school year, upon his commission of the fourth such offense. Further requires
that the pupil's reinstatement be subject to the review and approval of the local school board.
Proposed law allows any pupil, who has been suspended on 3 occasions for committing
Level 2 and Level 3 infractions during the same school year, to be expelled from all the
public schools of the city, parish, or other local public school system wherein he resided
until the beginning of the next regular school year, upon his commission of the fourth such
offense. Further requires that the pupil's reinstatement be subject to the review and approval
of the local school board.
Proposed law requires each city, parish or other local public school board to provide for the
creation and implementation of a central administrative electronic tracking system for the
purpose of collecting, reviewing, and reporting on an annual basis, the number of school
disciplinary referrals, in-school suspensions, out-of-school suspensions, expulsions,
alternative school placements, arrests, and referrals to the juvenile justice system,
disaggregated on the basis of race, ethnicity, disability, and gender under the guidelines for
determining the existence of disproportionality in discipline or inappropriately high rates of
suspension or expulsion.
Proposed law provides that if the number of pupils suspended from school during the prior
school year exceeded 30% of the school's enrollment, the school is required provide for the
creation and implementation of a plan to decrease the number of out-of-school suspensions
and submit such a plan to the city, parish or other local public school board and BESE.
Proposed law requires, at the end of each academic year, the school to submit a report to the
city, parish, or other local public school board, the Dept. of Education, and BESE on the rate
of reduction in the school's off-campus suspensions and the plan or activities used to reduce SB NO. 628
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those suspensions.
Proposed law provides that it is the intent of the legislature to encourage schools to examine
alternatives to off-campus suspensions that lead to resolution of pupil misconduct without
sending pupils off-campus. However, schools should not be precluded from suspending
pupils to an off-campus site.
Present law requires that, upon the recommendation by a principal for the expulsion of any
student, a hearing be conducted by the superintendent or by any other person designated so
to do by the superintendent to determine the facts of the case and make a finding of whether
or not the student is guilty of conduct warranting a recommendation of expulsion. Proposed
law retains present law.
Present law further requires that, upon the conclusion of the hearing and upon a finding that
the student is guilty of conduct warranting expulsion, the superintendent, or his designee,
determine whether such student is required to be expelled from the school system or if other
corrective or disciplinary action is to be taken. Proposed law retains present law.
Present law provides that at such hearing, the principal or teacher concerned may be
represented by any person appointed by the superintendent. The concerned teacher shall be
permitted to attend such hearing and shall be permitted to present information the teacher
believes relevant. Proposed law retains present law.
Present law requires that, until such hearing takes place, the student remain suspended.
Proposed law deletes this requirement.
Proposed law requires every pupil to receive an expulsion hearing within 3 days after the
incident. If a hearing is not conducted within 3 days, the student shall return to school until
the hearing takes place.
Present law provides that at such hearing, the student may be represented by any person of
his choice. Proposed law retains present law and provides that a parent may also be
represented by a person of his choice.
Proposed law provides for three levels of disciplinary infraction classifications to be utilized
by each city, parish and local public school board. Each infraction shall be based upon the
severity of the disciplinary violation and have corrective strategies associated with it. The
classifications shall be:
(1)Level 1 (minor) infractions. Level 1 infractions shall be disciplinary incidents which
do not warrant a discipline referral and consist of behavior that is of low intensity,
passive in nature, or non-threatening. Level 1 infractions shall include, but not be
limited to:
(a)Horseplay or running in the hall or classroom.
(b)Throwing objects.
(c)Dress code violation.
(d)Inappropriate items in class.
(e)Passive non-compliance, including but not limited to, sleeping or refusing to
participate.
(2)The corrective strategies which shall be utilized with a first offense Level 1
infraction shall include, but not be limited to: SB NO. 628
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(a)Re-teach the behavioral expectations.
(b)Have the student apologize and make amends with those affected.
(c)Provide a reflective activity.
(3)The corrective strategies which shall be utilized for repeated Level 1 infractions shall
include, but not be limited to:
(a)Contact or conference with parent or guardian.
(b)Implementation of a home/school communications system.
(c)Utilization of Check-In/Check-Out.
(d)Loss of privileges.
(e)Implementation of a behavior contract which includes expected student
behavior, incentives for demonstrating expected behavior, and consequences
for infractions.
(f)Referral to the school social worker.
(g)Referral to the Response to Intervention Team.
(h)After school detention.
(i)Saturday school.
(4)Level 2 (major) infractions. Level 2 infractions shall be disciplinary incidents that
severely interfere with others' safety, are of a threatening or harmful nature, or are
violations of law and warrant administrative intervention. Level 2 disciplinary
infractions shall include, but not be limited to:
(a)Fighting or instigating a fight.
(b)Using or possessing tobacco products, matches, or lighters.
(c)Being under the influence of drugs or alcohol while on school property.
(d)Possession of stolen property.
(e)Making a threat.
(5)The corrective strategies which shall be utilized with Level 2 infractions shall
include, but not be limited to:
(a)Mandatory contact by the school of a parent to inform the parent of the
accusation levied against the pupil and the status of the investigation.
Parents shall be given the option to attend a pupil conference.
(b)Mandatory pupil conference and investigation by the school administration.
(6)If the school principal determines that disciplinary action is warranted, one or more
of the following disciplinary actions shall be taken:
(a)Mandatory conference with the pupil, the parents of the pupil, the principal
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being investigated to determine and implement appropriate corrective
strategies.
(b)Referral to the response to intervention team to complete a functional
behavioral analysis and implement a behavioral intervention plan.
(c)Mandatory suspension.
(7)If a pupil is accused of fighting or instigating a fight or making a threat, the
following corrective strategies shall be utilized:
(a)Mandatory contact by the school of a parent to inform the parent of the
accusation levied against the pupil and the status of the investigation.
Parents shall be given the option to attend a pupil conference.
(b)Conference with the pupil.
(c)Assessment by the Response to Intervention team to determine the
appropriate intervention.
(8)Level 3 (major) infractions. Level 3 infractions shall be disciplinary incidents that
require an immediate response from school administrators, a crisis team, or
community support. Level 3 disciplinary infractions shall include, but not be limited
to:
(a)Possession, use, or concealment of illegal drugs or firearms at school or
school related activities.
(b)Aggravated assault on another pupil or school employee.
(c)Sexual assault.
(d)Arson.
(e)Possession of a weapon.
(f)Use of any object or substance to harm, frighten, or intimidate others.
(g)Causing false fire alarms or making bomb threats.
(9)For infractions involving possession, use, or concealment of illegal drugs or
firearms, a corrective strategy of a mandatory student conference and school level
investigation shall be utilized.
(10)If the school principal determines that a recommendation for expulsion is warranted,
the following corrective strategies shall be utilized:
(a)Mandatory parental contact.
(b)Mandatory school level conference.
(c)Mandatory referral to the response to intervention team to complete the
functional behavioral assessment.
(d)Mandatory referral to the school social worker.
(e)Mandatory recommendation for expulsion and interim placement. SB NO. 628
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(11)For all other Level 3 disciplinary infractions, a corrective strategy of a mandatory
student conference and school level investigation shall be utilized.
(12)If the principal determines that a recommendation for expulsion is warranted, the
following corrective strategies shall be utilized:
(a)Mandatory parental contact.
(b)Mandatory school level conference with school social workers present.
(c)Referral to the response to intervention team to complete the functional
behavioral assessment and implement a behavioral intervention plan.
(d)Mandatory referral to the school social worker for assessment and, if
necessary, referral to emergency mental health treatment or implementation
of school-based treatment plan.
Effective August 15, 2010.
(Amends R.S. 17:416(A)(1)(a), (c)(iii) and (v), (2)(b)(ii), (3)(a), (b)(i) and (d), (B)(2), and
(C)(1); adds R.S. 17:416(A)(2)(b)(v), (B)(d)(v) through (viii), and (J))