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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 relative to8
suspensions; to provide relative to in-school and out-of-school suspensions for9
certain violations; to provide relative to expulsion hearings; to provide for10
definitions; and to 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 five removed from a class4
pursuant to this Subparagraph shall not be permitted to return to the class for at least5
thirty minutes unless agreed to by the teacher initiating the disciplinary action. A6
pupil in grades seven six through twelve removed from a class pursuant to this7
Subparagraph shall not be permitted to return to the class during the same class8
period unless agreed to by the teacher initiating the disciplinary action. Additionally,9
the pupil shall not be readmitted to the class until the principal has implemented one10
of the following disciplinary measures:11
(aa) Restorative justice practices using a school-wide approach of12
informal and formal techniques to build a sense of school community and13
manage conflict by repairing harm and restoring positive relationships.14
(bb) Loss of privileges.15
(cc) Peer mediation.16
(dd) Referral to school counselor or social worker.17
(ee) Referral to response to intervention.18
(ff) Further disciplinary action, only to be implemented for serious19
offenses or as a measure of last resort, including:20
(aa) (I) In-school suspension.21
(bb) (II) Detention.22
(cc) (III) Suspension.23
(dd) (IV) Initiation of expulsion hearings.24
(ee) (V) Assignment to an alternative school.25
(ff) (VI) Requiring the completion of all assigned school and homework26
which would have been assigned and completed by the student during the period of27
suspension.28
(gg) (VII) Any other disciplinary measure authorized by the principal with29 SB NO. 67
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the concurrence of the teacher or the building level committee pursuant to law and1
board policy.2
* * *3
(v) Upon the third removal from the same classroom pursuant to this4
Subparagraph, the teacher and the principal shall discuss the disruptive behavior5
patterns of the pupil and the potentially appropriate disciplinary measure before the6
principal implements a disciplinary measure. If appropriate, a referral of the matter7
may be made to an appropriate building level committee. In addition, a conference8
between the teacher or other appropriate school employee and the pupil's parent,9
tutor, or legal guardian shall be required prior to the pupil being readmitted.10
* * *11
(viii) No later than January 1, 2012, for implementation beginning with12
the 2012-2013 school year, the State Board of Elementary and Secondary13
Education shall adopt guidelines for the use of in-school and out-of-school14
suspensions to be implemented by the governing authority of each public15
elementary and secondary school. The state board shall recommend the16
maximum annual cumulative number of days for out-of-school suspensions that17
a student may receive based on grade levels. These guidelines shall be developed18
in consultation with representatives of key stakeholder groups, and shall include19
students, parents, teachers, guidance counselors, principals, community20
members, and members of school boards and superintendents, or their21
designees.22
(2) As used in this Section:23
(a)(i) "In-school suspension" means removing a pupil from his normal24
classroom setting but maintaining him under supervision within the school. Pupils25
Any pupil participating in an in-school suspension may receive credit for work26
performed during the in-school suspension. However, any pupil who fails to comply27
fully with the rules for in-school suspension shall may be subject to immediate28
suspension.29 SB NO. 67
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(ii) Each city and , parish, and other local public school board shall adopt1
rules regarding the implementation of in-school suspension by no later than January2
1, 1995.3
(b)(i) "Detention" means activities, assignments any activity, assignment,4
or work held before the normal school day, after the normal school day, or on5
weekends.6
(ii) Failure or refusal by a pupil to participate in the assigned detention shall7
may subject the pupil to immediate suspension.8
(iii) Assignments, activities, or work which may be assigned during detention9
include but are shall not be limited to counseling, homework assignments, behavior10
modification programs, or other activities aimed at improving the self-esteem of the11
pupil.12
(iv) Each city and , parish, and other local public school board shall adopt13
rules regarding the implementation of detention by no later than January 1, 1995.14
* * *15
(3)(a) A school principal may suspend from school or suspend from riding16
on any school bus any pupil who:17
(i)(aa) Is guilty of willful disobedience. Willful disobedience means the18
refusal to follow a reasonable request of a teacher, administrator, or other19
school authority figure on campus.20
(bb) No later than April 1, 2012, for implementation beginning with the21
2012-2013 school year, each city, parish, and other local public school board22
shall develop and adopt rules and guidelines for suspensions warranted by23
willful disobedience. These guidelines shall be developed in consultation with24
representatives of key stakeholder groups, and shall include students, parents,25
teachers, guidance counselors, principals, community members, and members26
of school boards and superintendents, or their designees.27
* * *28
(vii)(aa) Disturbs the school and habitually violates any rule , except as29 SB NO. 67
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otherwise provided in this Item.1
(bb) No pupil in grades kindergarten through five shall be suspended in-2
school or out-of-school or removed from the classroom for a school uniform3
related violation.4
* * *5
(xvi)(aa) Is habitually tardy or absent, except as otherwise provided in this6
Item.7
(bb) No pupil in grades kindergarten through five shall be suspended in-8
school or out-of-school or removed from the classroom for being habitually9
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 such24
expulsion hearing within ten school days of receiving notification of the25
recommendation for expulsion. If a hearing is not conducted within ten school26
days after the incident, the student shall return to school or begin receiving27
educational services at an alternative setting until the hearing takes place. At28
such hearing the student and parent or legal guardian may be represented by any29 SB NO. 67
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person of his 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
Broome (SB 67)
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 changes application of present law for grade levels of students in kindergarten
through grade five and students in grades six through twelve, but otherwise 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, but requires such measures only be
implemented for serious offenses or as a last resort. However, prior to taking such actions
for all other offenses, requires the principal to implement one of the following disciplinary
measures:
(1)Restorative justice practices using a school-wide approach of informal and formal
techniques to build a sense of school community and manage conflict by repairing
harm and restoring positive relationships.
(2)Loss of privileges.
(3)Peer mediation.
(4)Referral to school counselor social worker. SB NO. 67
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(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
the student being readmitted.
Proposed law retains the requirement that a conference take place between the parent and
teacher or other school employee, but removes the requirement that the conference take
place prior to the student being readmitted.
Proposed law requires BESE to adopt guidelines, no later than January 1, 2012, for
implementation beginning with 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 each school
board develop and adopt rules and guidelines for suspension warranted by willful
disobedience not later than April 1, 2012, for implementation beginning with the 2012-2013
school year. 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 five shall be suspended in-school or 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 five shall be suspended in-school or out-of-school for such an
offense.
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 such 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. SB NO. 67
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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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill.
1. Changes application as appropriate for elementary grade levels of students
in K-5 and students in secondary grades 6-12.
2. Clarifies restorative justice practices.
3. Defines willful disobedience.
4. Establishes date for BESE adoption of guidelines for school suspensions as
January 1, 2012 and establishes date for local school board adoption of rules
and guidelines for suspensions for willful disobedience as April 1, 2012.
5. Removes proposed law provision prohibiting out-of-school suspensions for
pupils in grades 6-12 for habitual tardiness or absenteeism, or for school
uniform violations.
6. Specifies that certain provisions requiring specific disciplinary measures be
used for serious offenses.
7. Clarifies that the required expulsion hearing is not an additional requirement.