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Regular Session, 2012
SENATE BILL NO. 619
BY SENATORS DORSEY-COLOMB AND WARD
SCHOOLS. Provides relative to policies prohibiting harassment, intimidation, and bullying
in public schools. (8/1/12)
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 adopt16
a code of conduct for its school employees that is in compliance with all existing17 SB NO. 619
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rules, regulations, and policies of the board and of the State Board of1
Elementary and Secondary Education and that includes any necessary2
disciplinary action to be taken against any employee who violates the code of3
conduct.4
(2) Each board shall adopt and incorporate into its code of conduct a5
policy prohibiting the harassment, intimidation, and bullying, including6
cyberbullying, of a student or a school employee by a school employee. For the7
purposes of this Subsection, the terms "harassment", "intimidation",8
"bullying", and "cyberbullying" shall be defined as in R.S. 17:416.13.9
(3) Each board shall provide training for school employees with respect10
to harassment, intimidation, and bullying, including cyberbullying.11
* * *12
§416.13. Student code of conduct; requirement; harassment, intimidation, and13
bullying; prohibition; exemptions14
A. By not later than August 1, 1999, each Each city, parish, and other local15
public school board shall adopt a student code of conduct for the students in its16
school system. Such code of conduct shall be in compliance with all existing rules,17
regulations, and policies of the board and of the State Board of Elementary and18
Secondary Education and all state laws relative to student discipline and shall include19
any necessary disciplinary action to be taken against any student who violates the20
code of conduct.21
B.(1) By not later than August 1, 2001, each Each city, parish, and other22
local public school board shall adopt and incorporate into the student code of23
conduct, as provided in this Section, a policy prohibiting the harassment,24
intimidation, and bullying of a student or school employee by another a student.25
(2) For purposes of this Subsection, the terms "harassment", "intimidation",26
and "bullying" shall mean any intentional fear-inducing, threatening, or abusive27
gesture or written, verbal, or physical act , including audio-visual forms of28
expression, that:29 SB NO. 619
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(a) A reasonable person under the circumstances knows or should know will1
have the effect of harming a student or school employee or damaging his personal2
or intellectual property or placing a student or school employee in reasonable fear3
of harm to his life or person or damage to his personal or intellectual property; and4
(b) Is so severe, persistent, or pervasive that it creates an intimidating,5
threatening, or abusive educational or work environment for a student or school6
employee.7
(b) A reasonable person under the circumstances would perceive as8
being motivated by any actual or perceived characteristic, including but not9
limited to race, color, ancestry, national origin, religion, exceptionality, physical10
disability, intellectual disability, developmental disability, mental illness or11
emotional health disorder, language ability, sexual orientation, physical12
characteristic, gender identity, gender expression, political ideas or affiliations,13
socioeconomic status, or association with others identified by such14
characteristics.15
* * *16
C.(1) By not later than January 1, 2011, the The governing authority of each17
public elementary and secondary school shall conduct a review of the student code18
of conduct required by this Section and amend such code as may be necessary to19
assure ensure that the policy prohibiting the harassment, intimidation, and bullying20
of a student or school employee by another a student specifically addresses the21
nature, extent, causes, and consequences of cyberbullying.22
(2) For the purposes of this Subsection, the term "cyberbullying" shall mean23
harassment, intimidation, or bullying of a student or school employee on school24
property by another a student using a computer, mobile phone, or other interactive25
or digital technology or harassment, intimidation, or bullying of a student or school26
employee while off school property by another a student using any such means when27
the action or actions are intended to have an effect on the student or school28
employee when the student is on school property.29 SB NO. 619
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D.(1) Beginning on January 1, 2011, and continuing thereafter, the The1
governing authority of each public elementary and secondary school shall inform2
each student, in writing within ten days after enrolling in school of the prohibition3
against harassment, intimidation, and bullying, including cyberbullying, of a student4
or school employee by another a student; the nature and consequences of such5
actions; and the proper process and procedure for reporting any incidents involving6
such prohibited actions.7
(2) By not later than January 1, 2011, the The governing authority of each8
public elementary and secondary school shall develop and adopt a policy9
establishing procedures for the investigation of reports of harassment, intimidation,10
and bullying, including cyberbullying, of a student or school employee by another11
a student.12
* * *13
§3996. Charter schools; exemptions; requirements14
* * *15
B. Notwithstanding any state law, rule, or regulation to the contrary and16
except as may be otherwise specifically provided for in an approved charter, a17
charter school established and operated in accordance with the provisions of this18
Chapter and its approved charter and the school's officers and employees shall be19
exempt from all statutory mandates or other statutory requirements that are20
applicable to public schools and to public school officers and employees except for21
the following laws otherwise applicable to public schools with the same grades:22
* * *23
(30) Policies on harassment, intimidation, and bullying, R.S. 17:81(W)24
and 416.13.25
* * *26
Section 2. R.S. 17:416.13(B)(4) is hereby repealed.27 SB NO. 619
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
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 also prohibit student harassment, intimidation, and
bullying of school employees.
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 redefines 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, exceptionality, 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 is 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 broadens the definition of cyberbullying to prohibit the cyberbullying not only
of students but of school employees.
Present law exempts 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. SB NO. 619
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Proposed law deletes this exemption.
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 by a school employee.
Also requires school boards to provide training for school employees regarding harassment,
intimidation, and bullying, 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))