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Regular Session, 2012
HOUSE BILL NO. 1214 (Substitute for House Bill No. 407 by Representative Smith)
BY REPRESENTATIVES SMITH, WESLEY BISHOP, BROSSETT, HENRY BURNS,
CARMODY, JEFFERSON, AND PRICE
SCHOOLS: Provides relative to harassment, intimidation, and bullying in public schools
AN ACT1
To amend and reenact R.S. 17:416.13(B)(1), (2), and (3) and (D)(3), to enact R.S. 17:81(W)2
and 3996(B)(30), and to repeal R.S. 17:416.13(B)(4), relative to harassment,3
intimidation, and bullying in public schools; to provide relative to codes of conduct4
for school employees and for students; to provide relative to the prohibition in such5
codes of conduct against harassment, intimidation, and bullying; to provide relative6
to definitions, training, reporting, and investigation; to remove provisions excepting7
certain parishes from certain requirements relative to student codes of conduct; to8
provide relative to effectiveness; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:416.13(B)(1), (2), and (3) and (D)(3) are hereby amended and11
reenacted and R.S. 17:81(W) and 3996(B)(30) are hereby enacted to read as follows:12
§81. General powers of city, parish, and other local public school boards13
* * *14
W.(1) Each city, parish, and other local public school board shall adopt a15
code of conduct for its school employees that is in compliance with all existing rules,16
regulations, and policies of the board and of the State Board of Elementary and17
Secondary Education and that includes any necessary disciplinary action to be taken18
against any employee who violates the code of conduct.19
(2) Each board shall adopt and incorporate into its code of conduct a policy20
prohibiting the harassment, intimidation, and bullying, including cyberbullying, of21
a student by a school employee. For the purposes of this Subsection, the terms22 HLS 12RS-3486 ENGROSSED
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"harassment", "intimidation", "bullying", and "cyberbullying" shall be defined as in1
R.S. 17:416.13.2
(3)(a) Each board, in collaboration with licensed health care professionals3
with training in mental health, shall provide the following for school employees:4
(i) At least four hours of training with respect to harassment, intimidation,5
and bullying, including cyberbullying. Such training shall include but not be limited6
to training relative to suicide prevention, including the relationship between suicide7
risk factors and harassment, intimidation, and bullying, including cyberbullying.8
Such training shall assist school employees in identifying actual or perceived9
personal characteristics for which children are often targeted for acts of harassment,10
intimidation, and bullying, including cyberbullying, and shall provide knowledge and11
skills relative to reducing these acts based on such characteristics. Training methods12
and content shall be based on information supported by peer-reviewed research13
conducted in compliance with accepted scientific methods and recognized as14
accurate by leading professional organizations and agencies with relevant15
experience, such as the American Psychological Association, Louisiana School16
Counselors Association, and Louisiana School Boards Association.17
(ii) Ongoing training on a monthly basis, as needed, based on the18
environment of each particular school.19
(b) The Louisiana School Boards Association is encouraged to develop and20
implement a training program for school board members on harassment,21
intimidation, and bullying, including cyberbullying, and suicide prevention to be22
conducted at its annual conference or in special meetings throughout the state.23
* * *24
§416.13. Student code of conduct; requirement; harassment, intimidation, and25
bullying; prohibition; exemptions26
* * *27
B.(1)(a) By not later than August 1, 2001, each Each city, parish, and other28
local public school board shall adopt and incorporate into the student code of29 HLS 12RS-3486 ENGROSSED
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conduct, as provided in this Section, a policy prohibiting the harassment,1
intimidation, and bullying of a student by another student. The policy shall include2
consequences and remedial action for a student who violates the policy.3
(b) The policy shall be posted prominently on the website of the school4
board and the website of each school under the board's jurisdiction.5
(c) The state Department of Education shall compile and study the best6
practices for the prevention of harassment, intimidation, and bullying, including7
cyberbullying, as recommended by leading professional organizations. By August8
1, 2012, the department shall develop and disseminate to each city, parish, and other9
local public school board a model policy relative to the prohibition of harassment,10
intimidation, and bullying, including cyberbullying, that a school board may use in11
the development of its policy. The model policy shall provide detailed guidelines for12
reporting, investigating, and responding to incidents of harassment, intimidation, and13
bullying, including cyberbullying, that are based on actual or perceived personal14
characteristics, including procedures for the timely notification and involvement of15
parents or legal guardians.16
(2) For purposes of this Subsection, the terms "harassment", "intimidation",17
and "bullying" shall mean any intentional fear-inducing, threatening, or abusive18
gesture or written, verbal, or physical act, including audio-visual forms of19
expression, that:20
(a) A a reasonable person under the circumstances knows or should know21
will have the effect of harming a student or damaging his personal property or22
placing a student in reasonable fear of harm to his life or person or damage to his23
personal property; and24
(b) Is so severe, persistent, or pervasive that it and creates an intimidating,25
threatening, or abusive educational environment for a student.26
(3)(a) Any student, school employee, or school volunteer who in good faith27
reports an incident of harassment, intimidation, or bullying to the appropriate school28
official in accordance with the procedures established by local board policy shall be29 HLS 12RS-3486 ENGROSSED
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immune from a right of action for damages arising from any failure to remedy the1
reported incident.2
(b) No student, school employee, or school volunteer shall engage in3
reprisal, retaliation, or false accusation against a victim, witness, or individual with4
reliable information about an act of harassment, intimidation, or bullying, including5
cyberbullying.6
(c) A school employee who receives a report of harassment, intimidation, or7
bullying, including cyberbullying, and fails to initiate or conduct an investigation or8
who knows of such an incident and fails to take sufficient action may be subject to9
disciplinary action.10
* * *11
D.12
* * *13
(3)(a) The state Department of Education shall develop a behavior incidence14
checklist that the governing authority of each public elementary and secondary15
school shall use to document the details of each reported incident of harassment,16
intimidation, and bullying, including cyberbullying. Each governing authority shall17
disseminate this checklist to each school under its jurisdiction.18
(b)(i) When a school employee witnesses or receives reliable information19
that a student has been subject to harassment, intimidation, or bullying, including20
cyberbullying, the employee shall report the incident to the school principal or his21
designee orally on the same day as the alleged incident and in writing within two22
days of the alleged incident.23
(ii) The principal or his designee shall notify the parents or legal guardians24
of all students involved in the alleged incident and may discuss, as appropriate, the25
provision of counseling, support services, and intervention services. 26
(c) The principal or his designee shall initiate an investigation of each27
incident within one school day of the reporting of the incident. The investigation28
shall be completed by not later than ten school days from the date of the written29 HLS 12RS-3486 ENGROSSED
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report of the incident. If information is received after the end of the ten-day period,1
the principal or his designee may amend the original report of the results of the2
investigation to reflect the information.3
(d) The parents or legal guardians of any student who is involved in the4
investigation shall be entitled to receive information about the investigation,5
including the nature of the investigation, whether the school found evidence of6
harassment, intimidation, or bullying, including cyberbullying, and whether7
discipline was imposed or services provided to address the incident.8
(e)(i) The governing authority of each public elementary and secondary9
school shall report all such documented incidences incidents of harassment,10
intimidation, and bullying, including cyberbullying, to the state Department of11
Education as prescribed in rules adopted by the State Board of Elementary and12
Secondary Education in accordance with the Administrative Procedure Act. This13
report shall include any measures taken to reduce harassment, intimidation, and14
bullying, including cyberbullying, and shall be submitted to the department twice per15
school year, between September first and December thirty-first and between January16
first and June thirtieth.17
(ii) By not later than sixty days prior to each Regular Session of the18
Legislature, the state superintendent of education shall submit to the House19
Committee on Education and the Senate Committee on Education a written report20
which shall compile the information reported by public school governing authorities21
pursuant to Item (i) of this Subparagraph and which shall include recommendations22
for related legislation, if any. The report shall be made available on the website of23
the state Department of Education.24
(iii) The reports provided for in this Subparagraph shall not contain25
personally identifiable information pertaining to any student.26
* * *27
§3996. Charter schools; exemptions; requirements28
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B. Notwithstanding any state law, rule, or regulation to the contrary and1
except as may be otherwise specifically provided for in an approved charter, a2
charter school established and operated in accordance with the provisions of this3
Chapter and its approved charter and the school's officers and employees shall be4
exempt from all statutory mandates or other statutory requirements that are5
applicable to public schools and to public school officers and employees except for6
the following laws otherwise applicable to public schools with the same grades:7
* * *8
(30) Policies on harassment, intimidation, and bullying, R.S. 17:81(W) and9
416.13.10
* * *11
Section 2. R.S. 17:416.13(B)(4) is hereby repealed in its entirety.12
Section 3. This Act shall become effective on July 1, 2012; if vetoed by the governor13
and subsequently approved by the legislature, this Act shall become effective on July 1,14
2012, or on the day following such approval by the legislature, whichever is later.15
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)]
Smith HB No. 1214
Abstract: Provides relative to the policy in student codes of conduct which prohibits
harassment, intimidation, and bullying, including cyberbullying; requires each school
board to adopt an employee code of conduct which prohibits the same; requires
training for school employees; provides procedures for reporting and investigating
at the school level; removes exception of certain parishes from certain student code
of conduct requirements.
Code of conduct for students:
Present law requires each public school board to adopt and incorporate into its student code
of conduct a policy prohibiting the harassment, intimidation, and bullying of a student by
another student. Proposed law requires that the policy include consequences and remedial
action for a student who violates the policy and that the policy be posted prominently on the
school board's website and that of each school under its jurisdiction.
Proposed law requires the state Dept. of Education to compile and study the best practices
for the prevention of harassment, intimidation, and bullying, including cyberbullying, and
to develop and disseminate to each school board by Aug. 1, 2012, a model policy prohibiting
such acts that a school board may use in the development of its policy. Requires that the HLS 12RS-3486 ENGROSSED
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department's model policy provide detailed guidelines for reporting, investigating, and
responding to incidents of harassment, intimidation, and bullying, including cyberbullying,
that are based on actual or perceived personal characteristics, including procedures for the
timely notification and involvement of parents or legal guardians.
Present law defines the terms "harassment", "intimidation", and "bullying" as any intentional
gesture or written, verbal, or physical act that:
(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 any
fear-inducing, threatening, or abusive gesture or written, verbal, or physical act, including
audio-visual forms of expression, that a reasonable person under the circumstances knows
or should know will have the effect of harming a student or damaging his personal property
or placing a student in reasonable fear of harm to his life or person or damage to his personal
property and that creates a fear-inducing, threatening, or abusive education environment for
a student.
Proposed law prohibits any student, school employee, or school volunteer from engaging in
reprisal, retaliation, or false accusation against a victim, witness, or individual with reliable
information about an act of harassment, intimidation, or bullying, including cyberbullying.
Provides that a school employee who receives a report of such an act and fails to initiate or
conduct an investigation or who knows of such an act and fails to take sufficient action may
be subject to disciplinary action.
Present law requires the state Dept. of Education to develop a behavior incidence checklist
that each public school governing authority shall use to document the details of each
reported incident of harassment, intimidation, and bullying, including cyberbullying.
Proposed law requires each governing authority to disseminate this checklist to each school
under its jurisdiction.
Proposed law provides the following relative to reporting and investigating acts of
harassment, intimidation, and bullying, including cyberbullying:
(1) Requires a school employee who witnesses or receives reliable information that a
student has been subject to harassment, intimidation, or bullying, including
cyberbullying to report the incident to the school principal or his designee orally on
the same day as the alleged incident and in writing within two days of the alleged
incident.
(2) Requires the principal or his designee to notify the parents or legal guardians of all
students involved in the alleged incident, and authorizes discussion of counseling,
support services, and intervention services.
(3) Requires the principal or his designee to initiate an investigation of each incident
within one school day of its reporting. Requires completion of the investigation
within 10 school days from the date of the written report.
(4) Provides that parents or legal guardians of any involved students are entitled to
receive information about the investigation. HLS 12RS-3486 ENGROSSED
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Present law requires each public school governing authority to report all documented
incidences of harassment, intimidation, and bullying, including cyberbullying, to the state
Dept. of Education. Proposed law provides the following relative to reporting:
(1)Requires such report to be made twice per school year and specifies that it shall
include any measures taken to reduce harassment, intimidation, and bullying,
including cyberbullying.
(2)Requires, by not later than 60 days prior to each Regular Session of the Legislature,
the state superintendent of education to submit to the House and Senate education
committees a written report which shall compile the information reported to the
department by public school governing authorities and which shall include
recommendations for related legislation, if any.
(3)Prohibits reports from containing personally identifiable information pertaining to
any student.
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.
Code of conduct for school employees:
Proposed law requires each public school board to adopt a code of conduct for school
employees which shall include a policy prohibiting the harassment, intimidation, and
bullying, including cyberbullying, of a student. Defines these terms as provided in proposed
law relative to student codes of conduct.
Proposed law requires boards, in collaboration with trained mental health professionals, to
provide the following for school employees:
(1) At least four hours of training with respect to harassment, intimidation, and bullying,
including cyberbullying, including but not limited to training relative to suicide
prevention. Such training shall assist school employees in identifying actual or
perceived personal characteristics for which children are often targeted for acts of
harassment, intimidation, and bullying, including cyberbullying, and shall provide
knowledge and skills relative to reducing these acts based on such characteristics.
(2) Ongoing training on a monthly basis, as needed, based on the environment of each
particular school.
Effective July 1, 2012.
(Amends R.S. 17:416.13(B)(1), (2), and (3) and (D)(3); Adds R.S. 17:81(W) and
3996(B)(30); Repeals R.S. 17:416.13(B)(4))