HLS 12RS-532 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 312
BY REPRESENTATIVE RICHARD
STUDENT/SCH ATTENDANCE: Permits, rather than requires, school systems to retain
supervision of suspended or expelled students using alternative education programs
AN ACT1
To amend and reenact R.S. 17:416(A)(2)(c) and 416.2(A)(1) and to repeal R.S. 17:416.2(B),2
relative to supervision of students suspended or expelled from school; to permit3
rather than require local school systems to supervise certain students suspended or4
expelled from school using alternative education programs; to remove provisions5
relative to a waiver from a requirement for such supervision; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:416(A)(2)(c) and 416.2(A)(1) are hereby amended and reenacted9
to read as follows: 10
§416. Discipline of pupils; suspension; expulsion11
A.12
* * *13
(2) As used in this Section:14
* * *15
(c) Unless otherwise defined as a permanent expulsion and except as16
otherwise provided by Subsections B and C of this Section, an expulsion "expulsion"17
shall be defined as a removal from all regular school settings for a period of not less18
than one school semester. during which time During an expulsion the city, parish, or19 HLS 12RS-532 ORIGINAL
HB NO. 312
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other local public school board shall may place the pupil in an alternative school or1
in an alternative school setting.2
* * *3
§416.2. Supervision of suspended or expelled students; alternative education4
programs5
A.(1) Any student suspended or expelled from school pursuant to the6
provisions of R.S. 17:416, other than a student expelled pursuant to the provisions7
of R.S. 17:416(B) and or (C)(2), shall may remain under the supervision of the8
governing authority of the city, parish, or other local public school system taking9
such action using alternative education programs for suspended and expelled10
students. Alternative education programs of any local public school system shall be11
approved by the State Board of Elementary and Secondary Education; however, no12
school system shall be liable for any student attending an alternative education13
program at a location other than a school site.14
* * *15
Section 2. R.S. 17:416.2(B) is hereby repealed in its entirety.16
Section 3. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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)]
Richard HB No. 312
Abstract: Permits (rather than requires) local school systems to supervise certain students
suspended or expelled from school using alternative education programs.
Present law (R.S. 17:416.2) requires local school system governing authorities to supervise
any student suspended or expelled from school (pursuant to R.S. 17:416, relative to
discipline of students) using alternative education programs approved by the State Board of
Elementary and Secondary Education (BESE). Allows an expelled student to be readmitted HLS 12RS-532 ORIGINAL
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to a school, including an alternative education program, in the school system from which
expelled prior to completion of his expulsion period in accordance with present law
procedures (R.S. 17:416(C)(2)(d)). Specifies that no school system shall be liable for a
student attending an alternative education program at a location other than a school site.
Present law provides that alternative education programs may mean programs designed to
offer variations of traditional instructional programs and strategies to increase the likelihood
that students who are unmotivated or unsuccessful in traditional programs or who are
disruptive in the traditional school environment remain in school and obtain a high school
diploma. Provides that such programs may include but are not limited to programs that hold
students to strict standards of behavior in highly structured and controlled environments,
sometimes referred to as "boot camps", "police schools", or "court schools".
Proposed law permits (rather than requires) local school system governing authorities to
supervise suspended or expelled students using alternative education programs approved by
BESE.
Present law includes procedures for a school system to obtain a waiver from such
requirements but prohibits applications for such waivers beginning with the 2008-2009
school year.
Proposed law repeals present law relative to such waivers.
Present law (R.S. 17:416) provides relative to discipline of students. Defines an expulsion,
for purposes of present law and with certain exceptions, as a removal from all regular school
settings for a period of not less than one school semester, during which time the local public
school board shall place the pupil in an alternative school or in an alternative school setting.
Proposed law changes the definition in conformity with the change in proposed law above
by providing that the school board "may" rather than "shall" place the pupil in an alternative
school or alternative school setting.
Proposed law otherwise retains present law relative to supervision of suspended and expelled
students using alternative education programs.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:416(A)(2)(c) and 416.2(A)(1); Repeals R.S. 17:416.2(B))