HLS 12RS-2263 ORIGINAL
Page 1 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1101
BY REPRESENTATIVE SCHRODER
STUDENTS: Provides relative to harassment, intimidation, bullying, and cyberbullying in
public schools
AN ACT1
To amend and reenact R.S. 17:416.13(A) and (B) and to repeal R.S. 17:416.13(C), relative2
to harassment, intimidation, bullying, and cyberbullying in public schools; to provide3
relative to definitions; to provide relative to reporting; to remove provisions4
excepting certain parishes from certain requirements relative to student codes of5
conduct; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:416.13(A) and (B) are hereby amended and reenacted to read as8
follows: 9
ยง416.13. Student code of conduct; requirement; harassment, intimidation, and10
bullying; prohibition; exemptions11
A.(1) The legislature finds and declares that:12
(a) A safe and civil environment in school is necessary for students to learn13
and achieve high academic standards.14
(b) Harassment, intimidation, bullying, and cyberbullying, like other15
disruptive or violent behaviors, disrupt both a student's ability to learn and a school's16
ability to educate its students in a safe environment.17
By not later than August 1, 1999, each city, parish, and other local (2) The18
governing authority of each public elementary and secondary school board shall19
adopt a student code of conduct for the students in its school system. Such code of20 HLS 12RS-2263 ORIGINAL
HB NO. 1101
Page 2 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
conduct shall be in compliance with all existing rules, regulations, and policies of the1
board and of the State Board of Elementary and Secondary Education and all state2
laws relative to student discipline and shall include any necessary disciplinary action3
to be taken against any student who violates the code of conduct.4
B.(1) By not later than August 1, 2001, each city, parish, and other local The5
governing authority of each public elementary and secondary school board shall6
adopt and incorporate into the student code of conduct as provided in this Section a7
policy prohibiting the harassment, intimidation, and bullying, and cyberbullying of8
a student by another student on all school premises, at school-sponsored functions9
or activities, and while students are being transported via school-sponsored10
transportation. 11
(2) For purposes of this Subsection, Section, the following terms have the12
following meanings:13
(a) "harassment", "Harassment", "intimidation", and "bullying" shall mean14
any intentional gesture or written, verbal, or physical act that:15
(a) (i) A reasonable person under the circumstances should know will have16
the effect of harming a student or damaging his property or placing a student in17
reasonable fear of harm to his life or person or damage to his property; and18
(b) (ii) Is so severe, persistent, or pervasive that it creates an intimidating,19
threatening, or abusive educational environment for a student.;20
(iii) Is systematic, repeated, or recurrent and serves as the greatest or sole21
cause of a student's measurable physical harm or emotional distress;22
(iv) Is an expression that is lewd, indecent, obscene, or a severe and23
pervasive use of threatening words that inflicts injury or is intended to incite an24
immediate breach of peace or to advocate for illegal conduct; or25
(v) School administrators reasonably and objectively determine will cause26
an actual, material disruption of school work.27
(b) "Cyberbullying" means the harassment, intimidation, or bullying of a28
student on school premises by another student using a computer, mobile phone, or29 HLS 12RS-2263 ORIGINAL
HB NO. 1101
Page 3 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
other interactive or digital technology or the harassment, intimidation, or bullying1
of a student while off school premises by another student using any such means2
when the action or actions are intended to have an effect on the student when the3
student is on school premises.4
(c) "School premises" means any building, structure, athletic field, sports5
stadium, or other real property owned, operated, leased, or rented by the school or6
its governing authority, including but not limited to any kindergarten, elementary7
school, or secondary school.8
(d) "School-sponsored functions or activities" means any field trip, sporting9
event, or other activity that is officially sponsored by the school or its governing10
authority.11
(e) "School-sponsored transportation" means a motor vehicle owned,12
operated, leased, rented, or subcontracted by the school or its governing authority.13
(3)(a) Any student who believes he has been or is currently the victim of14
harassment, intimidation, bullying, or cyberbullying may report the situation to the15
school principal or his designee. The student may also report concerns to a teacher16
or counselor who shall notify the appropriate school administrator. Students, school17
employees, and any other individuals may report any situation that they observe and18
believe to be harassment, intimidation, bullying, or cyberbullying directed toward19
a student.20
(b) Any student, school employee, or school volunteer other person who in21
good faith reports an incident of harassment, intimidation, or bullying, or22
cyberbullying to the appropriate school official in accordance with the procedures23
set forth in this Subsection and established by local board the school governing24
authority's policy shall be immune from a right of action for damages arising from25
any failure to remedy the reported incident. 26
(4) The provisions of this Subsection shall not apply to the parishes of27
Livingston, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, and28
Tangipahoa. Every complaint about behavior that may violate the provisions of this29 HLS 12RS-2263 ORIGINAL
HB NO. 1101
Page 4 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section that is reported as provided in Subparagraph (3)(b) of this Subsection shall1
be investigated by a designee of a school administrator not later than fourteen days2
after the complaint is received. School administrators shall not be required to3
investigate a report made anonymously unless good cause is shown or stated for4
reporting anonymously or the school administrator has reason to believe that a5
student may be at imminent risk of physical harm.6
(5)(a) If the individual designated by the school administrator to investigate7
a complaint of harassment, intimidation, bullying, or cyberbullying determines that8
such behavior has occurred, the parents of the students involved shall be notified and9
prompt and appropriate disciplinary action shall be taken. School administrators or10
their designees may also refer students to law enforcement if such alleged acts are11
violations of state or local laws.12
(b) Prior to any student being interviewed by school personnel as part of an13
investigation, the school principal or his designee shall notify the student's parent or14
legal guardian of the allegations made and the parent or legal guardian shall have the15
opportunity to attend any such interview with his child. The notice may be delivered16
by telephone or electronic mail and shall be confirmed in writing and mailed to the17
home of the parent or legal guardian. School personnel shall not charge any student18
with the responsibility of delivering any such communication to his parent or legal19
guardian.20
(6)(a) Retaliation against any person who reports suspected harassment,21
intimidation, bullying, or cyberbullying in good faith, or who is thought to have22
reported or filed a complaint, or who otherwise participates in an investigation or23
inquiry concerning allegations of such behavior is prohibited and shall be subject to24
discipline according to policies adopted by the school's governing authority.25
Suspected retaliation shall be reported in the same manner as harassment,26
intimidation, bullying, or cyberbullying is reported.27
(b) Any student or school employee who intentionally makes false reports28
about harassment, intimidation, bullying, or cyberbullying for the purpose of29 HLS 12RS-2263 ORIGINAL
HB NO. 1101
Page 5 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
initiating disciplinary action against a student shall be disciplined according to1
policies adopted by the school's governing authority.2
(7) Nothing in this Section shall be interpreted to infringe upon the rights3
granted to any student under the First Amendment of the Constitution of the United4
States of America or is intended to prohibit expression of religious, philosophical,5
or political views, provided that such expression does not cause an actual, material6
disruption to the work of any public school.7
(8) Nothing in this Section shall impede or preclude a student, the student's8
parent or legal guardian, or a school administrator from directly reporting to law9
enforcement any behavior that constitutes a violation of criminal law.10
* * *11
Section 2. R.S. 17:413.16(C) is hereby repealed in its entirety.12
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)]
Schroder HB No. 1101
Abstract: Relative to harassment, intimidation, bullying, and cyberbullying in public
schools, provides for definitions, reporting procedures, and discipline and removes
exception of certain parishes from certain student code of conduct requirements.
Present law requires each public school board to adopt and incorporate into its student code
of conduct a policy prohibiting the harassment, intimidation, bullying, and cyberbullying of
a student by another student.
Proposed law adds that this prohibition shall be applicable:
(1)On all school premises (defined as any building, structure, athletic field, sports
stadium, or other real property owned, operated, leased, or rented by the school or
its governing authority, including but not limited to any kindergarten, elementary
school or secondary school).
(2)At school-sponsored functions or activities (defined as any field trip, sporting event,
or other activity that is officially sponsored by the school or its governing authority).
(3)While students are being transported via school-sponsored transportation (defined
as a motor vehicle owned, operated, leased, rented, or subcontracted by the school
or its governing authority).
Present law defines the terms "harassment", "intimidation", and "bullying" as any intentional
gesture or written, verbal, or physical act that: HLS 12RS-2263 ORIGINAL
HB NO. 1101
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(1)A reasonable person under the circumstances should know will have the effect of
harming a student or damaging his property or placing a student in reasonable fear
of harm to his life or person or damage to his property; and
(2)Is so severe, persistent, or pervasive that it creates an intimidating, threatening, or
abusive educational environment for a student.
Proposed law changes the definition of harassment, intimidation, and bullying to mean either
(1) or (2) above or any intentional gesture or written, verbal, or physical act that meets any
one of the following criteria:
(1)Is systematic, repeated, or recurrent and serves as the greatest or sole cause of a
student's measurable physical harm or emotional distress.
(2)Is an expression that is lewd, indecent, obscene, or a severe and pervasive use of
threatening words that inflicts injury or is intended to incite an immediate breach of
peace or to advocate for illegal conduct.
(3)School administrators reasonably and objectively determine will cause an actual,
material disruption of school work.
Present law requires student codes of conduct to prohibit cyberbullying, defined as the
harassment, intimidation, or bullying of a student on school property using a computer,
mobile phone, or other interactive or digital technology or harassment, intimidation, or
bullying of a student while off school property using any such means when the action or
actions are intended to have an effect on the student when on school property. Proposed law
retains present law but changes terminology from "school property" to "school premises".
Proposed law further adds the following:
(1)Authorizes a student who believes he has been or is currently the victim of
harassment, intimidation, bullying, or cyberbullying to report the situation to the
school principal or his designee or to a teacher or counselor who shall notify a school
administrator. Authorizes students, school employees, and any other individuals to
report any situation that they observe and believe to be harassment, intimidation,
bullying, or cyberbullying.
(2)Requires a designee of a school administrator to investigate every properly reported
complaint of harassment, intimidation, bullying, and cyberbullying not later than 14
days after the complaint is received. Provides that he is not required to investigate
a report if made anonymously unless good cause is shown or stated for filing
anonymously or the school administrator has reason to believe that a student may be
at imminent risk of physical harm.
(3)Requires, if the person investigating the complaint determines that such behavior has
occurred, that the parents of the students involved be notified and that prompt and
appropriate disciplinary action be taken. Authorizes school administrators or their
designees to refer students to law enforcement if such alleged acts are violations of
present law on the state or local level.
(4)Provides that prior to any student being interviewed by school personnel as part of
an investigation, the school principal or his designee shall notify the student's parent
or legal guardian of the allegations made and the parent or legal guardian shall have
the opportunity to attend any such interview with his child. Provides relative to such
notice.
(5)Prohibits retaliation against any person who reports suspected harassment,
intimidation, bullying, or cyberbullying in good faith, is thought to have reported or HLS 12RS-2263 ORIGINAL
HB NO. 1101
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
filed a complaint, or otherwise participates in an investigation or inquiry concerning
allegations of such behavior. Provides that retaliation is subject to discipline
according to the policy of the school governing authority. Requires reporting of
suspected retaliation in the same manner as harrassment, intimidation, bullying, and
cyberbullying.
(6)Provides for disciplinary action against a student or school employee for intentional,
false reports about harassment, intimidation, bullying, or cyberbullying intended to
initiate disciplinary action against a student.
(7)Provides that nothing in present law or proposed law shall:
(a)Be interpreted to infringe upon the rights granted to any student under the
First Amendment of the U.S. Constitution or prohibit expression of religious,
philosophical, or political views, provided that such expression does not
cause an actual, material disruption to the work of any public school.
(b)Impede or preclude a student, the student's parent or legal guardian, or a
school administrator from directly reporting to law enforcement any behavior
that constitutes a violation of criminal law.
Present law excepts the parishes of Livingston, East Baton Rouge, East Feliciana, West
Feliciana, St. Helena, and Tangipahoa from the present law requirement that each school
board adopt and incorporate into its student code of conduct a policy prohibiting harassment,
intimidation, and bullying. Proposed law deletes this exception.
(Amends R.S. 17:416.13(A) and (B); Repeals R.S. 17:416.13(C))