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Regular Session, 2011
SENATE BILL NO. 67
BY SENATOR BROOME
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENTS. Provides relative to school discipline policies. (8/15/11)
AN ACT1
To amend and reenact R.S. 17:416(A)(1)(c)(iii) and (v), (2)(a) and (b), (3)(a)(i), (vii) and2
(xvi), and (C)(1), and to enact R.S. 17:416(A)(1)(c)(viii), relative to the discipline3
of students; to provide for certain disciplinary actions; to provide for the discipline4
of public school students upon removal from a classroom; to provide for5
implementation of certain disciplinary measures; to provide for the adoption of6
certain guidelines for the use of in-school and out-of-school suspensions; to require7
city, parish and other local public school boards to adopt certain rules and definitions8
relative to suspensions; to provide relative to in-school and out-of-school9
suspensions for certain violations; to provide relative to expulsion hearings; and to10
provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 17:416(A)(1)(c)(iii) and (v), (2)(a) and (b), (3)(a)(i), (vii) and (xvi),13
and (C)(1) are hereby amended and reenacted, and R.S. 17:416(A)(1)(c)(viii) is hereby14
enacted to read as follows: 15
ยง416. Discipline of pupils; suspension; expulsion16
A.(1)17 SB NO. 67
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* * *1
(c)2
* * *3
(iii) A pupil in kindergarten through grade six removed from a class pursuant4
to this Subparagraph shall not be permitted to return to the class for at least thirty5
minutes unless agreed to by the teacher initiating the disciplinary action. A pupil in6
grades seven through twelve removed from a class pursuant to this Subparagraph7
shall not be permitted to return to the class during the same class period unless8
agreed to by the teacher initiating the disciplinary action. Additionally, the pupil9
shall not be readmitted to the class until the principal has implemented one of the10
following disciplinary measures:11
(aa) Restorative justice practices.12
(bb) Loss of privileges.13
(cc) Peer mediation.14
(dd) Referral to school counselor or social worker.15
(ee) Referral to response to intervention.16
(ff) Further disciplinary action, only to be implemented as a measure of17
last resort, including:18
(aa) (I) In-school suspension.19
(bb) (II) Detention.20
(cc) (III) Suspension.21
(dd) (IV) Initiation of expulsion hearings.22
(ee) (V) Assignment to an alternative school.23
(ff) (VI) Requiring the completion of all assigned school and homework24
which would have been assigned and completed by the student during the period of25
suspension.26
(gg) (VII) Any other disciplinary measure authorized by the principal with27
the concurrence of the teacher or the building level committee pursuant to law and28
board policy.29 SB NO. 67
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(v) Upon the third removal from the same classroom pursuant to this2
Subparagraph, the teacher and the principal shall discuss the disruptive behavior3
patterns of the pupil and the potentially appropriate disciplinary measure before the4
principal implements a disciplinary measure. If appropriate, a referral of the matter5
may be made to an appropriate building level committee. In addition, a conference6
between the teacher or other appropriate school employee and the pupil's parent,7
tutor, or legal guardian shall be required prior to the pupil being readmitted.8
* * *9
(viii) No later than the 2012-2013 school year, the State Board of10
Elementary and Secondary Education shall adopt guidelines for the use of in-11
school and out-of-school suspensions to be implemented by the governing12
authority of each public elementary and secondary school. The state board shall13
recommend the maximum annual cumulative number of days for out-of-school14
suspensions that a student may receive based on grade levels. These guidelines15
shall be developed in consultation with representatives of key stakeholder16
groups, and shall include students, parents, teachers, guidance counselors,17
principals, community members, and members of school boards and18
superintendents, or their designees.19
(2) As used in this Section:20
(a)(i) "In-school suspension" means removing a pupil from his normal21
classroom setting but maintaining him under supervision within the school. Pupils22
Any pupil participating in an in-school suspension may receive credit for work23
performed during the in-school suspension. However, any pupil who fails to comply24
fully with the rules for in-school suspension shall may be subject to immediate25
suspension.26
(ii) Each city and , parish, and other local public school board shall adopt27
rules regarding the implementation of in-school suspension by no later than January28
1, 1995.29 SB NO. 67
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(b)(i) "Detention" means activities, assignments any activity, assignment,1
or work held before the normal school day, after the normal school day, or on2
weekends.3
(ii) Failure or refusal by a pupil to participate in the assigned detention shall4
may subject the pupil to immediate suspension.5
(iii) Assignments, activities, or work which may be assigned during detention6
include but are shall not be limited to counseling, homework assignments, behavior7
modification programs, or other activities aimed at improving the self-esteem of the8
pupil.9
(iv) Each city and , parish, and other local public school board shall adopt10
rules regarding the implementation of detention by no later than January 1, 1995.11
* * *12
(3)(a) A school principal may suspend from school or suspend from riding13
on any school bus any pupil who:14
(i)(aa) Is guilty of willful disobedience.15
(bb) No later than December 1, 2011, each city, parish, and other local16
public school board shall develop and adopt a definition for willful disobedience17
based on childhood and adolescent development, including rules and guidelines18
for suspensions warranted by willful disobedience. These guidelines shall be19
developed in consultation with representatives of key stakeholder groups, and20
shall include students, parents, teachers, guidance counselors, principals,21
community members, and members of school boards and superintendents, or22
their designees.23
* * *24
(vii)(aa) Disturbs the school and habitually violates any rule, except as25
otherwise provided in this Item.26
(bb) No pupil in grades kindergarten through six shall be suspended in-27
school or out-of-school or removed from the classroom for a school uniform28
related violation.29 SB NO. 67
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(cc) No pupil in grades seven through twelve shall be suspended out-of-1
school for a school uniform related violation.2
* * *3
(xvi)(aa) Is habitually tardy or absent, except as otherwise provided in this4
Item.5
(bb) No pupil in grades kindergarten through six shall be suspended in-6
school or out-of-school or removed from the classroom for being habitually7
tardy or absent.8
(cc) No pupil in grades seven through twelve shall be suspended out-of-9
school for being habitually tardy or absent.10
* * *11
C.(1) Upon the recommendation by a principal for the expulsion of any12
student as authorized by Subsection B hereof of this Section, a hearing shall be13
conducted by the superintendent or by any other person designated so to do by the14
superintendent to determine the facts of the case and make a finding of whether or15
not the student is guilty of conduct warranting a recommendation of expulsion. Upon16
the conclusion of the hearing and upon a finding that the student is guilty of conduct17
warranting expulsion, the superintendent, or his designee, shall determine whether18
such student shall be expelled from the school system or if other corrective or19
disciplinary action shall be taken. At said hearing the principal or teacher concerned20
may be represented by any person appointed by the superintendent. The concerned21
teacher shall be permitted to attend such hearing and shall be permitted to present22
information the teacher believes relevant. Until such hearing takes place the student23
shall remain suspended from the school. Every student shall receive an expulsion24
hearing within ten school days of receiving notification of the recommendation25
for expulsion. If a hearing is not conducted within ten school days after the26
incident, the student shall return to school or begin receiving educational27
services at an alternative setting until the hearing takes place. At such hearing28
the student and parent or legal guardian may be represented by any person of his29 SB NO. 67
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their choice.1
* * *2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sherri H. Breaux.
DIGEST
Present law provides for the discipline of students for 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.
Present law requires that a student in kindergarten through grade six 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. Further requires that a student in grades seven through
twelve removed from a class not be permitted to return to the class during the same class
period unless agreed to by the teacher initiating the disciplinary action. Proposed law retains
present law.
Present law additionally provides that the student will 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)Requiring the 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.
Proposed law retains present law disciplinary measures to be used as a last resort. Instead,
requires the principal to implement one of the following disciplinary measures first:
(1)Restorative justice practices.
(2)Loss of privileges.
(3)Peer mediation.
(4)Referral to school counselor social worker.
(5)Referral to response to intervention.
Present law requires, upon the third removal from the same classroom, the teacher and the
principal to discuss the disruptive behavior patterns of the student and the appropriate action
before the principal implements a disciplinary measure. Provides that a referral of the matter
may be made to the building level committee. Requires a conference between the teacher or
other appropriate school employee and the student's parent, tutor, or legal guardian prior to SB NO. 67
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the student being readmitted.
Proposed law removes the requirement that the parent-teacher conference actually take place
prior to the student being readmitted, but otherwise retains present law.
Proposed law requires BESE to adopt guidelines, no later than the 2012-2013 school year,
for the use of in-school and out-of-school suspensions to be implemented by school boards.
Requires BESE to recommend to each school board the maximum annual cumulative
number of days for out-of-school suspensions that a student may receive based on grade
levels. Provides for such guidelines to be developed in consultation with certain key
stakeholder groups.
Present law authorizes a school principal to suspend from school or suspend from riding on
any school bus any student who commits certain offenses.
Proposed law retains all such offenses specified in present law, but requires, not later than
December 1, 2011, that each school board develop and adopt a definition for willful
disobedience based on childhood and adolescent development, including rules and
guidelines for suspension warranted by willful disobedience. Further requires that the
guidelines be developed in consultation with certain key stakeholder groups.
Present law authorizes suspension for disturbing the school or habitually violating any rule.
Proposed law retains present law but further makes an exception that no student in grades
kindergarten through grade six shall be suspended in-school or out-of-school for a school
uniform related violation. Further provides that a student in grades seven through twelve
shall not be suspended out-of-school for a school uniform related violation.
Present law authorizes suspension for a student who is habitually tardy or absent.
Proposed law retains present law but further makes an exception that no student in grades
kindergarten through grade six shall be suspended in-school or out-of-school for such an
offense. Further provides that a student in grades seven through twelve shall not be
suspended out-of-school for such a violation.
Present law provides, upon the recommendation by a principal for the expulsion of any
student, for a hearing to be conducted by the superintendent or by a designee 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. Provides that upon the conclusion of the hearing
and a finding that the student is guilty of conduct warranting expulsion, the superintendent,
or his designee, must determine whether such student will be expelled from the school
system or if other corrective or disciplinary action should be taken. Provides for the student
to remain suspended from school until such hearing takes place. Provides that the student
may be represented by any person of his choice at the hearing.
Proposed law removes the provision that the student remain suspended from school until the
hearing takes place. Further provides that every student receive an expulsion hearing within
10 school days of receiving notification of the recommendation for expulsion. Provides that
if a hearing is not conducted within 10 school days after the incident, then the student must
return to school or begin receiving educational services at an alternative setting until the
hearing takes place. Provides that the parent or legal guardian may also be represented by
a person of choice.
Effective August 15, 2011.
(Amends R.S. 17:416(A)(1)(c)(iii) and (v),(2)(a) and (b), (3)(a)(i), (vii) and (xvi), and
(C)(1); adds R.S. 17:416(A)(1)(c)(viii))