HLS 12RS-896 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 407
BY REPRESENTATIVE SMITH
SCHOOLS: Provides relative to harassment, intimidation, and bullying in public schools
AN ACT1
To amend and reenact R.S. 17:416.13(A), (B)(1) and (2), (C), and (D)(1) and (2), to enact2
R.S. 17:81(W) and 3996(B)(30), and to repeal R.S. 17:416.13(B)(4), relative to3
harassment, intimidation, and bullying in public schools; to provide relative to codes4
of conduct for school employees and for students; to require such codes of conduct5
to have policies which prohibit the harassment, intimidation, and bullying of students6
and of school employees; to provide relative to definitions; to remove provisions7
excepting certain parishes from certain requirements relative to student codes of8
conduct; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:416.13(A), (B)(1) and (2), (C), and (D)(1) and (2) are hereby11
amended and reenacted and R.S. 17:81(W) and 3996(B)(30) are hereby enacted to read as12
follows:13
§81. General powers of city, parish, and other local public school boards14
* * *15
W.(1) Each city, parish, and other local public school board shall adopt a16
code of conduct for its school employees that is in compliance with all existing rules,17
regulations, and policies of the board and of the State Board of Elementary and18
Secondary Education and that includes any necessary disciplinary action to be taken19
against any employee who violates the code of conduct.20 HLS 12RS-896 ORIGINAL
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(2) Each board shall adopt and incorporate into its code of conduct a policy1
prohibiting the harassment, intimidation, and bullying, including cyberbullyin g, of2
a student or a school employee by a school employee. For the purposes of this3
Subsection, the terms "harassment", "intimidation", "bullying", and "cyberbullying"4
shall be defined as in R.S. 17:416.13.5
(3) Each board shall provide training for school employees with respect to6
harassment, intimidation, and bullying, including cyberbullying.7
* * *8
§416.13. Student code of conduct; requirement; harassment, intimidation, and9
bullying; prohibition; exemptions10
A. By not later than August 1, 1999, each Each city, parish, and other local11
public school board shall adopt a student code of conduct for the students in its12
school system. Such code of conduct shall be in compliance with all existing rules,13
regulations, and policies of the board and of the State Board of Elementary and14
Secondary Education and all state laws relative to student discipline and shall include15
any necessary disciplinary action to be taken against any student who violates the16
code of conduct.17
B.(1) By not later than August 1, 2001, each Each city, parish, and other18
local public school board shall adopt and incorporate into the student code of19
conduct, as provided in this Section, a policy prohibiting the harassment,20
intimidation, and bullying of a student or school employee by another a student.21
(2) For purposes of this Subsection, the terms "harassment", "intimidation",22
and "bullying" shall mean any intentional fear-inducing, threatening, or abusive23
gesture or written, verbal, or physical act, including audio-visual forms of24
expression, that:25
(a) A reasonable person under the circumstances knows or should know will26
have the effect of harming a student or school employee or damaging his personal27
or intellectual property or placing a student or school employee in reasonable fear28
of harm to his life or person or damage to his personal or intellectual property; and29 HLS 12RS-896 ORIGINAL
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(b) Is so severe, persistent, or pervasive that it and creates an intimidating,1
threatening, or abusive educational environment or work environment for a student2
or school employee.3
(b) A reasonable person under the circumstances would perceive as being4
motivated by any actual or perceived characteristic, including but not limited to race,5
color, ancestry, national origin, religion, exceptionalities, physical disability,6
intellectual disability, developmental disability, mental illness or emotional health7
disorder, language ability, sexual orientation, physical characteristic, gender identity,8
gender expression, political ideas or affiliations, socioeconomic status, or association9
with others identified by such characteristics.10
* * *11
C.(1) By not later than January 1, 2011, the The governing authority of each12
public elementary and secondary school shall conduct a review of the student code13
of conduct required by this Section and amend such code as may be necessary to14
assure ensure that the policy prohibiting the harassment, intimidation, and bullying15
of a student or school employee by another a student specifically addresses the16
nature, extent, causes, and consequences of cyberbullying.17
(2) For the purposes of this Subsection, the term "cyberbullying" shall mean18
harassment, intimidation, or bullying of a student or school employee on school19
property by another student using a computer, mobile phone, or other interactive or20
digital technology or harassment, intimidation, or bullying of a student or school21
employee while off school property by another student using any such means when22
the action or actions are intended to have an effect on the student or school employee23
when the student is on school property.24
D.(1) Beginning on January 1, 2011, and continuing thereafter, the The25
governing authority of each public elementary and secondary school shall inform26
each student, in writing within ten days after enrolling in school of the prohibition27
against harassment, intimidation, and bullying, including cyberbullying, of a student28
or school employee by another a student; the nature and consequences of such29 HLS 12RS-896 ORIGINAL
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actions; and the proper process and procedure for reporting any incidents involving1
such prohibited actions.2
(2) By not later than January 1, 2011, the The governing authority of each3
public elementary and secondary school shall develop and adopt a policy4
establishing procedures for the investigation of reports of harassment, intimidation,5
and bullying, including cyberbullying, of a student or school employee by another6
a student.7
* * *8
§3996. Charter schools; exemptions; requirements9
* * *10
B. Notwithstanding any state law, rule, or regulation to the contrary and11
except as may be otherwise specifically provided for in an approved charter, a12
charter school established and operated in accordance with the provisions of this13
Chapter and its approved charter and the school's officers and employees shall be14
exempt from all statutory mandates or other statutory requirements that are15
applicable to public schools and to public school officers and employees except for16
the following laws otherwise applicable to public schools with the same grades:17
* * *18
(30) Policies on harassment, intimidation, and bullying, R.S. 17:81(W) and19
416.13.20
* * *21
Section 2. R.S. 17:416.13(B)(4) is hereby repealed in its entirety.22
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. 407
Abstract: Requires student codes of conduct to prohibit the harassment, intimidation, and
bullying, including cyberbullying, of both students and school employees; requires
each school board to adopt an employee code of conduct which prohibits the same;
removes exception of certain parishes from certain student code of conduct
requirements. HLS 12RS-896 ORIGINAL
HB NO. 407
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are additions.
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 such policy to prohibit the harassment, intimidation, and bullying not
only of students but of school employees also.
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:
(1)A reasonable person under the circumstances knows or should know will have the
effect of harming a student or school employee or damaging his personal or
intellectual property or placing a student or school employee in reasonable fear of
harm to his life or person or damage to his personal or intellectual property and that
creates a fear-inducing, threatening, or abusive education or work environment for
a student or school employee.
(2)A reasonable person under the circumstances would perceive as being motivated by
any actual or perceived characteristic, including but not limited to race, color,
ancestry, national origin, religion, exceptionalities, physical disability, intellectual
disability, developmental disability, mental illness or emotional health disorder,
language ability, sexual orientation, physical characteristic, gender identity, gender
expression, political ideas or affiliations, socioeconomic status, or association with
others identified by such characteristics.
Present law requires student codes of conduct to prohibit cyberbullying, which means 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
broadens the definition of cyberbullying to prohibit the cyberbullying not only of students
but of school employees.
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 or a school employee. Also requires boards
to provide training for school employees regarding harassment, intimidation, and bullying, HLS 12RS-896 ORIGINAL
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including cyberbullying. Defines these terms as provided in proposed law relative to student
codes of conduct (see above).
(Amends R.S. 17:416.13(A), (B)(1) and (2), (C), and (D)(1) and (2); Adds R.S. 17:81(W)
and 3996(B)(30); Repeals R.S. 17:416.13(B)(4))