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Regular Session, 2011 ENROLLED
SENATE BILL NO. 67
BY SENATOR BROOME AND REPRESENTATI VE BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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), 416.21, and 3996(B)(13),3
relative to the discipline of students; to provide for the discipline of certain public4
school students upon removal from a classroom; to provide for implementation of5
certain disciplinary measures; to require city, parish, and other local public school6
boards to adopt certain rules relative to suspensions; to require such school boards7
to publish student discipline policies and other specified information on their8
websites; to provide relative to in-school and out-of-school suspensions for certain9
violations; to provide relative to expulsion hearings; to provide for definitions; and10
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), 416.21, and14
3996(B)(13) are hereby enacted to read as follows:15
§416. Discipline of pupils; suspension; expulsion16
A.(1)17
* * *18
(c)19
* * *20
(iii) A pupil in kindergarten through grade six five removed from a class21
pursuant to this Subparagraph shall not be permitted to return to the class for at least22
thirty minutes unless agreed to by the teacher initiating the disciplinary action. A23
pupil in grades seven through twelve removed from a class pursuant to this24
Subparagraph shall not be permitted to return to the class during the same class25
period unless agreed to by the teacher initiating the disciplinary action. Additionally,26
the pupil shall not be readmitted to the class until the principal has implemented one27 SB NO. 67 ENROLLED
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of the following disciplinary measures:1
(aa) In-school suspension.2
(bb) Detention.3
(cc) Suspension.4
(dd) Initiation of expulsion hearings.5
(ee) Assignment to an alternative school.6
(ff) Requiring the completion of all assigned school and homework which7
would have been assigned and completed by the student during the period of8
suspension.9
(gg) Restorative justice practices using a school-wide approach of10
informal and formal techniques to build a sense of school community and11
manage conflict by repairing harm and restoring positive relationships.12
(hh) Loss of privileges.13
(ii) Peer mediation.14
(jj) Referral to school counselor or social worker.15
(kk) Referral to response to intervention.16
(ll) Any other disciplinary measure authorized by the principal with the17
concurrence of the teacher or the building level committee pursuant to law and board18
policy.19
* * *20
(v) Upon the third removal from the same classroom pursuant to this21
Subparagraph, the teacher and the principal shall discuss the disruptive behavior22
patterns of the pupil and the potentially appropriate disciplinary measure before the23
principal implements a disciplinary measure. If appropriate, a referral of the matter24
may be made to an appropriate building level committee. In addition, a conference25
between the teacher or other appropriate school employee and the pupil's parent,26
tutor, or legal guardian shall be required prior to the pupil being readmitted.27
* * *28
(viii) A pupil in grades six through twelve removed from a class pursuant29
to this Subparagraph shall not be permitted to return to the class during the30 SB NO. 67 ENROLLED
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same class period unless agreed to by the teacher initiating the disciplinary1
action. Additionally, the pupil shall not be readmitted to the class until the2
principal has implemented one of the following disciplinary measures:3
(aa) In-school suspension.4
(bb) Detention.5
(cc) Suspension.6
(dd) Initiation of expulsion hearings.7
(ee) Assignment to an alternative school.8
(ff) Requiring the completion of all assigned school and homework which9
would have been assigned and completed by the student during the period of10
suspension.11
(gg) Any other disciplinary measure authorized by the principal with the12
concurrence of the teacher or the building level committee pursuant to law and13
board policy.14
(2) As used in this Section:15
(a)(i) "In-school suspension" means removing a pupil from his normal16
classroom setting but maintaining him under supervision within the school. Pupils17
Any pupil participating in an in-school suspension may receive credit for work18
performed during the in-school suspension. However, any pupil who fails to comply19
fully with the rules for in-school suspension shall may be subject to immediate20
suspension.21
(ii) Each city and , parish, and other local public school board shall adopt22
rules regarding the implementation of in-school suspension by no later than January23
1, 1995.24
(b)(i) "Detention" means activities, assignments any activity, assignment,25
or work held before the normal school day, after the normal school day, or on26
weekends.27
(ii) Failure or refusal by a pupil to participate in the assigned detention shall28
may subject the pupil to immediate suspension.29
(iii) Assignments, activities, or work which may be assigned during detention30 SB NO. 67 ENROLLED
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include but are shall not be limited to counseling, homework assignments, behavior1
modification programs, or other activities aimed at improving the self-esteem of the2
pupil.3
(iv) Each city and , parish, and other local public school board shall adopt4
rules regarding the implementation of detention by no later than January 1, 1995.5
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(3)(a) A school principal may suspend from school or suspend from riding7
on any school bus any pupil who:8
(i)(aa) Is guilty of willful disobedience. Willful disobedience means the9
refusal to follow a reasonable request of a teacher, administrator, or other10
school authority figure on campus.11
(bb) No later than April 1, 2012, for implementation beginning with the12
2012-2013 school year, each city, parish, and other local public school board13
shall develop and adopt rules and guidelines for suspensions warranted by14
willful disobedience. These guidelines shall be developed in consultation with15
representatives of key stakeholder groups.16
* * *17
(vii)(aa) Disturbs the school and habitually violates any rule , except as18
otherwise provided in this Item.19
(bb) No pupil in grades kindergarten through five shall be suspended in-20
school or out-of-school or removed from the classroom for a school uniform-21
related violation.22
* * *23
(xvi)(aa) Is habitually tardy or absent, except as otherwise provided in this24
Item.25
(bb) No pupil in grades kindergarten through five shall be suspended in-26
school or out-of-school or removed from the classroom for being habitually27
tardy or absent.28
* * *29
C.(1) Upon the recommendation by a principal for the expulsion of any30 SB NO. 67 ENROLLED
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student as authorized by Subsection B hereof of this Section, a hearing shall be1
conducted by the superintendent or by any other person designated so to do by the2
superintendent to determine the facts of the case and make a finding of whether or3
not the student is guilty of conduct warranting a recommendation of expulsion. Upon4
the conclusion of the hearing and upon a finding that the student is guilty of conduct5
warranting expulsion, the superintendent, or his designee, shall determine whether6
such the student shall be expelled from the school system or if other corrective or7
disciplinary action shall be taken. At said the hearing the principal or teacher8
concerned may be represented by any person appointed by the superintendent. The9
concerned teacher shall be permitted to attend such the hearing and shall be10
permitted to present information the teacher believes relevant. Until such hearing11
takes place the student shall remain suspended from the school. Every student shall12
receive such expulsion hearing within ten school days of receiving notification13
of the recommendation for expulsion. If a hearing is not conducted within ten14
school days after the incident, the student shall return to school or begin15
receiving educational services at an alternative setting until the hearing takes16
place. At such hearing the student and parent or legal guardian may be represented17
by any person of his their choice.18
* * *19
§416.21. Student discipline policies and procedures; other information; school20
board websites21
A. Each city, parish, and other local public school board that maintains22
a website shall publish on it certain information relative to student discipline23
and other matters in an easily understandable format. Such information shall24
include but not be limited to the following:25
(1) Disciplinary action processes and procedures applicable to students.26
(2) The school board's policies and procedures.27
(3) Minutes of school board meetings required to be made available to28
the public pursuant to R.S. 42:20.29
(4) Directory of schools and contact information.30 SB NO. 67 ENROLLED
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(5) School calendars, including the beginning and end of each school1
year, staff days, conference days, testing days, application-specific dates, report2
card release dates, early release days, and holidays.3
B. For purposes of this Section the following terms shall have the4
meaning ascribed thereto:5
(1) "City, parish, and other local public school board" means the6
governing authority of any public elementary or secondary school.7
(2) "Disciplinary action processes and procedures" means all written8
disciplinary policies and procedures for students and by not later than the9
beginning of the 2012-2013 school year also shall include separate links for each10
of the following:11
(a) All state suspension and expulsion laws applicable to students.12
(b) A disciplinary action timeline, from notice through appeal.13
(c) Explanation of due process rights for both informal and formal14
hearings and in the case of formal hearings, shall also include a full explanation15
of the disciplinary process, a complete list of the student's procedural due16
process rights, the hearing agenda, and the appeal process.17
(d) Rules and regulations on the use of corporal punishment to discipline18
students.19
(3) "Policies and procedures" means all formal policies and procedures20
and by not later than the beginning of the 2013-2014 school year also shall21
include summaries thereof with separate links for each of the following:22
(a) Student code of conduct.23
(b) Controlled and other prohibited substances or contraband policy.24
(c) Dress code.25
(d) Grade change process.26
(e) Harassment or bullying prohibition and prevention procedures.27
(f) Student rights and responsibilities.28
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§3996. Charter schools; exemptions30 SB NO. 67 ENROLLED
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* * *1
B. Notwithstanding any state law, rule, or regulation to the contrary and2
except as may be otherwise specifically provided for in an approved charter, a3
charter school established and operated in accordance with the provisions of this4
Chapter and its approved charter and the school's officers and employees shall be5
exempt from all statutory mandates or other statutory requirements that are6
applicable to public schools and to public school officers and employees except for7
the following laws otherwise applicable to public schools with the same grades:8
* * *9
(13) Publication of certain information on the website of the school10
governing authority, R.S. 17:416.21.11
* * *12
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: