ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 1209 (Substitute for House Bill No. 312 by Representative Richard)
BY REPRESENTATIVES RICHARD, ADAMS, ARNOLD, BADON, BERTHELOT,
BILLIOT, WESLEY BISHOP, BROADWATER, HENRY BURNS, BURRELL,
CARMODY, CARTER, CHAMPAGNE, CHANEY, COX, DIXON, EDWARDS,
GAINES, GISCLAIR, GUILLORY, HOLLIS, HUNTER, GIROD JACKSON,
KATRINA JACKSON, JAMES, JEFFERSON, JONES, LEGER, LIGI, MORENO,
PIERRE, PRICE, REYNOLDS, SHADOIN, SMITH, ST. GERMAIN, THIBAUT,
THIERRY, THOMPSON, ALFRED WILLIAMS, PATRICK WILLIAMS, AND
WILLMOTT AND SENATORS ALARIO, ALLAIN, APPEL , BROOME, BROWN,
CLAITOR, CORTEZ, CROWE, DORSEY-COLOMB, GUILLORY, KOSTELKA,
LAFLEUR, LONG, MILLS, MURRAY, NEVERS, PEACOCK, PERRY,
PETERSON, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON,
WALSWORTH, WARD, AND WHI TE
AN ACT1
To amend and reenact R.S. 17:416(A)(2)(c) and 416.2(A) and (D) and to repeal R.S.2
17:416.2(B) and (F), relative to students suspended or expelled from school; to3
provide relative to placement of students in alternative education programs; to4
require attendance of students placed in alternative schools or alternative education5
programs; to require parents, tutors, and guardians of the students to assure6
attendance, and to provide for enforcement and penalties for violations; to provide7
relative to such programs, including provisions for agreements for provision of8
education services to certain students; to remove the exclusion of certain students9
from the requirement for supervision of expelled and suspended students; to repeal10
provisions relative to waivers from a requirement for alternative education programs11
and provisions prohibiting return of certain students to alternative education12
programs; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 17:416(A)(2)(c) and 416.2(A) and (D) are hereby amended and15
reenacted to read as follows: 16 ENROLLEDHB NO. 1209
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§416. Discipline of pupils; suspension; expulsion1
A.2
* * *3
(2) As used in this Section:4
* * *5
(c) Unless otherwise defined as a permanent expulsion and except as6
otherwise provided by Subsections B and C of this Section, an expulsion "expulsion"7
shall be defined as a removal from all regular school settings for a period of not less8
than one school semester. during which time During an expulsion the city, parish, or9
other local public school board superintendent shall place the pupil in an alternative10
school or in an alternative school setting educational placement.11
* * *12
§416.2. Supervision of suspended or expelled students; alternative education13
programs14
A.(1) Any student suspended or expelled from school pursuant to the15
provisions of R.S. 17:416, other than a student expelled pursuant to the provisions16
of R.S. 17:416(B) and (C)(2), shall remain under the supervision of the governing17
authority of the city, parish, or other local public school system taking such action18
using alternative education programs for suspended and expelled students.19
Alternative education programs of any local public school shall be approved by the20
State Board of Elementary and Secondary Education; however, no school system21
shall be liable for any student attending an alternative education program at a22
location other than a school site.23
(2) A student expelled pursuant to the provisions of R.S. 17:416(B) and24
(C)(2) may only be readmitted only to a city, parish, or other local public school,25
including an alternative education program, in the school system from which he was26
expelled prior to the completion of the specified period of expulsion, in accordance27
with the provisions of R.S. 17:416(C)(2)(d).28 ENROLLEDHB NO. 1209
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(3)(a) Any student placed in an alternative school or an alternative education1
program, including but not limited to any student receiving education services2
pursuant to an agreement subject to Paragraph (D)(2) of this Section, shall attend and3
participate in such school, program, or education services.4
(b) The parent, tutor, or legal guardian of any such student shall ensure5
attendance as required by this Paragraph and any violation of this Subparagraph shall6
be subject to the provisions of R.S. 17:221(A)(2) and (3).7
(c) Visiting teachers or supervisors of child welfare and attendance, with the8
approval of the superintendent of the local public school system, shall file9
proceedings in court to enforce the provisions of this Paragraph.10
* * *11
D.(1) The State Board of Elementary and Secondary Education shall adopt12
the necessary rules and regulations to provide for the implementation of the13
provisions of this Section.14
(2) Such rules and regulations shall include provisions for cases in which a15
school governing authority enters into an agreement with an education service16
provider for the education of a student who meets any of the following criteria:17
(a) Has been adjudicated delinquent by a court having juvenile jurisdiction18
as defined in Article 302 of the Louisiana Children's Code.19
(b) Has been adjudicated by a court as a member of a family in need of20
services and is assigned by the office of juvenile justice to a community-based21
program or facility.22
(c) Is in the custody of the office of juvenile justice as a result of an23
adjudication and is assigned by the office of juvenile justice to a community-based24
program or facility.25
(d) Is a student who has been suspended or expelled pursuant to the26
provisions of R.S. 17:416(B) or (C)(2).27 ENROLLEDHB NO. 1209
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(3) Rules and regulations pursuant to Paragraph (2) of this Subsection shall1
include all of the following:2
(a) Such services shall be provided to the school governing authority at the3
actual costs incurred by the provider, not to exceed for each student the pro rata share4
of the combined state and local per pupil amount of the minimum foundation5
program for such governing authority.6
(b) In an effort to support the on-time graduation of students who are7
suspended, expelled, or at high risk for dropping out or entry into the juvenile justice8
system, academic, behavioral, and mental health interventions must be provided.9
Interventions offered shall include but not be limited to the following:10
(i) Academic interventions and supports:11
(aa) Targeted academic interventions focused on assessed needs in math and12
reading using an evidence-based and research-supported curriculum.13
(bb) Use of validated monthly assessments to monitor individual student14
academic progress.15
(cc) Implementation of research-supported instructional strategies such as16
differentiated instruction, experiential education, project-based learning, and17
computer-assisted instruction to support assessed needs and content mastery.18
(dd) Opportunities to participate in credit recovery to support progression19
towards on-time graduation.20
(ee) On-site access to at least one career or vocational certification option.21
(ii) Behavioral interventions and supports:22
(aa) Positive behavioral supports with a high ratio of positive reinforcement23
over punishment.24
(bb) Behavioral shaping steps aligned to assessed behavioral needs and25
goals.26
(cc) Mentoring and frequent behavioral feedback focused on individualized27
shaping steps for students enrolled.28 ENROLLEDHB NO. 1209
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(dd) Successive approximations and reinforcements to develop more1
complex social behaviors.2
(iii) Mental health interventions and supports:3
(aa) Evidence-based cognitive behavioral interventions to address, anger,4
impulsivity, and aggression.5
(bb) Interventions to address past childhood traumas, including forms of6
abuse and neglect, being a victim of or a witness to violence, and involvement in7
natural disasters.8
(cc) Interventions to address substance use and to prevent substance abuse.9
(dd) Interventions to build life skills and social skills in order to increase10
employability and success in the community.11
(4) Nothing in this Section shall prevent any nonprofit organization that12
provides alternative education services to a school governing authority from applying13
to operate a charter school pursuant to R.S. 17:3983.14
(5) The governing authority of a Type 5 charter school shall receive approval15
from the superintendent of the Recovery School District before entering into an16
agreement with an educational service provider for alternative education services17
pursuant to the provisions of this Section, and any such agreement shall not be18
subject to the provisions of Subparagraph (3)(a) of this Subsection.19
(6) Any agreement in effect on the effective date of this Paragraph and any20
prospective agreement between the Recovery School District and an educational21
service provider for alternative education shall not be subject to Subparagraph (3)(a)22
of this Subsection, but shall be approved by the state superintendent of education.23
* * *24
Section 2. R.S. 17:416.2(B) and (F) are hereby repealed in their entirety.25 ENROLLEDHB NO. 1209
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: