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Regular Session, 2012
SENATE BILL NO. 709
BY SENATOR WARD AND REPRESENTATI VE SCHRODER
CRIME/PUNISHMENT. Provides for the "Tesa Middlebrook Anti-bullying Act". (gov sig)
AN ACT1
To amend and reenact R.S. 17:416.20, to enact R.S. 14:40.8, R.S. 17:418, 418.1 and 418.2,2
and to repeal R.S. 17:416.13, relative to bullying, criminal bullying and3
cyberbullying; to create the crime of criminal bullying; to provide for definitions; to4
provide for penalties; to provide relative to the student code of conduct; to provide5
relative to student discipline; to provide for duties; to provide for reporting; to6
provide for parental notification; to provide for the publication of certain documents;7
to provide for exceptions; to provide that the Act shall be known as the "Tesa8
Middlebrook Anti-bullying Act"; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 14:40.8 is hereby enacted to read as follows: 11
§40.8. Criminal bullying12
A. Criminal bullying means that conduct which includes all of the13
following:14
(1) The malicious and willful intent to coerce, abuse, torment, or15
intimidate a person under the age of eighteen.16
(2) The conduct is severe, repeated, persistent, or pervasive.17 SB NO. 709
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(3) The conduct serves as the greatest or sole cause of a minor's1
measurable physical harm or severe emotional distress.2
B. Purely verbal expression, whether oral or written, shall only be3
deemed criminal bullying if such verbal expression meets all of the following:4
(1) Is the severe and pervasive use of threatening words, any of which5
is intended to incite an immediate breach of peace.6
(2) The verbal expression is the intentional placing of another in7
reasonable apprehension of receiving a battery.8
C. (1) Except as provided in Paragraph (2) of this Subsection, whoever9
commits the crime of criminal bullying shall be fined not more than five10
hundred dollars, imprisoned for not more than six months, or both.11
(2) When the offender is under the age of eighteen, the disposition of the12
matter shall be governed exclusively by the provisions of Title VII of the13
Children's Code.14
D. The provisions of this Section shall not be construed to prohibit or15
restrict any of the following:16
(1) Freedom of speech or expression which is protected pursuant to17
Article I, Section 7 of the Constitution of Louisiana and guaranteed under18
Amendment I of the Constitution of the United States of America.19
(2) Religious free speech which is protected pursuant to Article I,20
Section 8 of the Constitution of Louisiana and guaranteed under Amendment21
I of the Constitution of the United States of America.22
E. All persons under the age of eighteen are protected under the23
provisions of this Section equally and without regard to the subject matter of24
the criminal bullying or motivating animus.25
Section 2. R.S. 17:416.20 is hereby amended and reenacted and R.S. 17:418, 418.1,26
and 418.2 are hereby enacted to read as follows:27
§416.20. Student conduct standards; awareness and understanding by students;28
required orientation; guidelines29 SB NO. 709
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A. Each city, parish and other local public school board shall adopt a1
student code of conduct for the students in its school system. Such code of2
conduct shall be in compliance with all existing rules, regulations, and policies3
of the board and of the State Board of Elementary and Secondary Education4
and all state laws relative to student discipline and shall include any necessary5
disciplinary action to be taken against any student who violates the code of6
conduct.7
B. In addition to any other requirements established by law, rule, or8
regulation relative to student discipline and conduct and beginning with the9
2008-2009 school year and continuing thereafter, the governing authority of a public10
elementary or secondary school shall require that every student be provided an11
orientation during the first five days of each school year regarding school12
disciplinary rules and provisions of the code of student conduct applicable to such13
students. Orientation instruction shall be provided by the school principal or his14
designees and shall include but not be limited to consequences for failing to comply15
with such school disciplinary rules and code requirements. The orientation also shall16
clearly communicate to students the rights afforded teachers pursuant to R.S.17
17:416.18 and other applicable law relative to the discipline of students.18
B C. The orientation instruction required by this Section shall be age and19
grade appropriate and shall give full consideration as to whether the student is in a20
regular or special program of education.21
C D. Any student who for any reason does not receive the orientation22
provided for by this Section during the first five days of a school year shall be23
provided such orientation during the first five days of such student's attendance at the24
public elementary or secondary school.25
* * *26
§418. Bullying; requirements; prohibition; exemptions27
A. Prohibited acts. All of the following conduct by a student is28
prohibited:29 SB NO. 709
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(1) Bullying on school premises, at school-sponsored functions or school-1
sponsored activities, or while students are being transported by any school-2
sponsored means of transportation.3
(2) Criminal bullying on school premises, at school-sponsored functions4
or school-sponsored activities, or while students are being transported by any5
school-sponsored means of transportation.6
(3) Cyberbullying, when school-owned technology is used.7
B. Definitions. For the purpose of this Section the following definitions8
shall apply:9
(1) "Bullying" means a written, verbal, or electronic communication, or10
physical act, by a student that is intended, or that a reasonable person would11
know is likely to harm one or more students either directly or indirectly by12
doing any of the following:13
(a) Substantially interfering with an educational opportunity, benefit,14
or program of one or more students.15
(b) Adversely affecting the ability of a student to participate in or16
benefit from an educational program or activity by causing emotional distress.17
(c) Causing substantial disruption in, or substantial interference with,18
the orderly operation of the school.19
(2) "Criminal bullying" means that conduct which is defined and20
prohibited in R.S. 14:40.8.21
(3) "Cyberbullying" means that conduct which is defined and22
prohibited in R.S. 14:40.7.23
(4) "Parent" means each individual legal parent, each tutor, or each24
legal guardian.25
(5) "School premises" means any building, structure, athletic field,26
sports stadium, or other immovable property owned, operated, leased, or rented27
by the school which is used for school purposes.28
(6) "School official" means the principal, or if the school principal is29 SB NO. 709
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unavailable, the assistant principal.1
(7) "School-sponsored function" or "school-sponsored activity" means2
a field trip, sporting event, or any other function or activity that is sponsored3
by the school.4
(8) "School-sponsored means of transportation" means a motor vehicle5
owned, operated, leased, rented, or contracted by the school or by the school6
district for the school.7
C. By January 1, 2013, the State Board of Elementary and Secondary8
Education shall promulgate rules and regulations to advise school officials,9
school staff, students, and parents as to all of the following:10
(1) That bullying on school premises is prohibited conduct.11
(2) That criminal bullying on school premises is prohibited conduct.12
(3) That cyberbullying through the use of school-owned technology is13
prohibited conduct.14
(4) The nature and description of acts which constitute bullying.15
(5) The consequences of bullying which subjects the offender to school16
discipline.17
(6) The nature and description of acts which constitute criminal bullying18
and cyberbullying.19
(7) The consequences of criminal bullying and cyberbullying which, not20
only include school discipline but may invoke criminal penalties.21
(8) That retaliation against any person who reports in good faith, is22
thought to have reported, files a complaint, or otherwise participates in an23
investigation or inquiry concerning allegations of bullying, criminal bullying,24
or cyberbullying is prohibited conduct and that such retaliation shall be subject25
to independent discipline.26
(9) That intentionally making false reports about bullying to school27
officials is prohibited conduct and will result in school discipline.28
(10) That intentionally making false reports about criminal bullying or29 SB NO. 709
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cyberbullying to school officials is prohibited conduct and will result in school1
discipline and, if reported to law enforcement, may invoke criminal penalties2
pursuant to R.S. 14:59(5).3
(11) The proper process and procedure for reporting any incidents4
involving such prohibited conduct.5
D. Reporting.6
(1) Any student who believes that he or she has been, or is currently, the7
victim of bullying, criminal bullying, or cyberbullying may report the situation8
to the school official. A student may also report concerns regarding bullying,9
criminal bullying, or cyberbullying to a teacher, counselor, or other school10
employee who shall notify the school official.11
(2) A school official is not required to investigate a report if made12
anonymously, unless good cause is shown or stated for filing anonymously or the13
school official has good reason to believe that a student or students may be in14
imminent risk of physical harm.15
(3) Any student or school staff may report to the school official any16
conduct that is observed and believed to be bullying, criminal bullying, or17
cyberbullying directed toward a student. Such reports may be made in the18
manner as is provided in Paragraph (1) of this Subsection.19
(4) All complaints, which are properly reported pursuant to this20
Subsection, that allege conduct which may be prohibited in Subsection A of this21
Section shall be promptly investigated in not more than fourteen days after the22
report is received by the school official.23
(5) Duties of school officials. If the school official determines that24
bullying, criminal bullying, or cyberbullying has occurred, the school official25
shall take all of the following actions:26
(a)(i) Notify the parent of each student involved when the student is27
under the age of eighteen, in the manner as provided in Subsection F of this28
Section.29 SB NO. 709
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(ii) If a report of bullying, criminal bullying, or cyberbullying is1
determined by a school official to warrant further investigation, before any2
student under the age of eighteen is interviewed, his or her parent shall be3
notified by the school official of the allegations made and shall have the4
opportunity to attend any interviews with their child conducted as part of the5
investigation.6
(b) Conduct a meeting with the parents of the victim and the parents of7
the alleged perpetrator.8
(c) Take prompt and appropriate disciplinary action against the student9
that the school official determines has engaged in conduct which constitutes10
bullying or rises to the degree that it may constitute criminal bullying or11
cyberbullying were law enforcement to be notified.12
(d)(i) If after the parents of both the victim and the alleged perpetrator13
have met and the parents of both students agree that school discipline, parental14
discipline, or both are in the best interest of both students, the school official15
shall compose a written report containing the findings of the investigation and16
the decision by the parents. The school official shall request that both parents17
sign the written report but the failure by either parent to sign the report shall18
not affect the validity of the report. The report shall be placed in the school19
records of both students.20
(ii) If after the parents of both the victim and the alleged perpetrator21
have met and the parents of the victim wish to press criminal charges against22
the alleged perpetrator and the school official determines that the alleged23
perpetrator has engaged in criminal bullying or cyberbullying, the school24
official shall notify law enforcement officials that the school official believes that25
the alleged acts may be in violation of state law and that the parents of the26
victim wish to press criminal charges against the alleged perpetrator.27
(e) Promptly notify the complainant of the findings of the investigation28
and that remedial action has been taken if such release of information does not29 SB NO. 709
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violate the law.1
(f)(i) Keep complaints and investigative reports confidential, except as2
is provided in this Section and where disclosure is required to be made pursuant3
to 20 U.S.C.A. 1232(G) or by other applicable federal laws, rules, or regulations4
or by state law.5
(ii) In order to encourage communication between a student and a6
school official for the purpose of implementing appropriate student discipline,7
whenever a student admits to a school official that the student has engaged in8
conduct prohibited by this Section, that admission shall be considered hearsay9
and shall not be considered an exception to the hearsay rule and, therefore, shall10
be deemed inadmissible in any court of law.11
(g) Maintain complaints and investigative reports for three years in the12
event that disclosure is warranted by law enforcement officials.13
(h) Provide copies of complaints and investigative reports to the14
governing authority of the school in order that the governing authority can15
comply with the provisions of R.S. 17:418.1.16
E. Retaliation and intentional false reporting.17
(1) Retaliation against any person who reports in good faith, is thought18
to have reported, files a complaint, or otherwise participates in an investigation19
or inquiry concerning allegations of bullying, criminal bullying, or20
cyberbullying is prohibited. Such retaliation shall be subject to independent21
discipline.22
(2) Intentionally making false reports about bullying, criminal bullying,23
or cyberbullying to school officials is prohibited and is subject to discipline.24
F. Parental notification; parental authority; responsibilities.25
(1) The notice, required by this Subsection, may be by any of the26
following means:27
(a) Written notice mailed to the parent's or parents' home.28
(b) Telephone or email notification which notification must be29 SB NO. 709
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confirmed in writing and mailed to the parent at the last known address of the1
parent.2
(2) Under no circumstances shall the delivery of the notice to the parent3
or parents, which is required by this Subsection, be the responsibility of an4
involved student. Delivery of the notice by an involved student shall not5
constitute notice as is required pursuant to this Subsection.6
(3) Nothing herein shall be deemed to interfere with the authority and7
the responsibility that a parent has for the student when the student is not on8
the school premises, is not engaged in a school-sponsored function or school-9
sponsored activity, and is not being transported by school-sponsored means of10
transportation.11
G. Exceptions.12
(1) This policy shall not be interpreted to infringe upon the free speech13
rights of students which are protected pursuant to Article I, Section 7 of the14
Constitution of Louisiana and guaranteed under Amendment I of the15
Constitution of the United States of America and, therefore, is not intended to16
prohibit expression of religious, philosophical, or political views, provided that17
such expression does not cause an actual, material disruption of the work of the18
school which may subject the student to discipline pursuant to R.S. 17:416.19
(2) This policy shall not be interpreted to infringe upon the religious free20
speech right of students which are protected pursuant to Article I, Section 8 of21
the Constitution of Louisiana and guaranteed under Amendment I of the22
Constitution of the United States of America and, therefore, is not intended to23
prohibit expression of religious views, provided that such expression does not24
cause an actual, material disruption of the work of the school which may subject25
the student to discipline pursuant to R.S. 17:416.26
(3) This Section shall not impede or preclude a student, the student's27
parents, or school officials from directly reporting to law enforcement officials28
any behavior that the reporting individual believes constitutes a violation of29 SB NO. 709
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criminal law.1
(4) This Section shall not be interpreted to conflict with or supercede the2
provisions requiring mandatory reporting pursuant to Louisiana Children's3
Code Article 609.4
H. Construction; equal protection. All students, subject to the5
provisions of this Section, shall be protected under the provisions of this Section6
equally and without regard to the subject matter of the bullying, criminal7
bullying, or cyberbullying or motivating animus.8
I. Policy notification; pamphlet.9
(1) Notification of the provisions of this Section shall be provided to all10
school officials, school staff, students, and parents.11
(2) Once the pamphlets are promulgated pursuant to R.S. 17: 418.2 and12
made available to the school, the school shall do all of the following:13
(a) Provide a copy of the pamphlet as part of the orientation and14
instruction regarding discipline required in R.S. 17:416.20.15
(b) Post an electronic copy of the pamphlets on the school's website,16
where applicable.17
§418.1. Bullying, criminal bullying, or cyberbullying checklist; reports18
A. The Department of Education shall develop a behavior incidence19
checklist that the governing authority of each public elementary and secondary20
school shall use to document the details of each reported incident of bullying,21
criminal bullying, or cyberbullying.22
B. The governing authority of each public elementary and secondary23
school shall report all such documented incidences of bullying, criminal24
bullying, or cyberbullying, to the Department of Education as prescribed in25
rules adopted by the State Board of Elementary and Secondary Education in26
accordance with the Administrative Procedure Act.27
§418.2 Publication of pamphlet; prohibition of criminal bullying and28
cyberbullying29 SB NO. 709
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A. By not later than January 1, 2013, the state Board of Elementary and1
Secondary Education shall produce a pamphlet which does all of the following:2
(1) Sets forth the policies and provisions of R.S. 17:418.3
(2) Defines the conduct, in an age appropriate manner, which constitutes4
bullying, criminal bullying, and cyberbullying.5
(3) Sets forth the consequences of bullying, criminal bullying, or6
cyberbullying.7
(4) Sets forth the manner in which students may report suspected8
bullying, criminal bullying or cyberbullying.9
B. The board may produce more than one pamphlet if the board10
determines that this is the best possible manner to advise students in an age and11
grade appropriate manner.12
C. The contents and compilation of information in the pamphlet shall13
be promulgated pursuant to the Administrative Procedure Act.14
D.(1) The pamphlet or pamphlets, once completed, shall be delivered to15
the governing authority of each public elementary and secondary school in the16
manner provided for in Paragraph (1) of Subsection E of this Section.17
(2) The governing authority of each public elementary and secondary18
school shall deliver the pamphlet or pamphlets, which are age and grade19
appropriate, to the individual schools within the governing authority's20
jurisdiction in the manner provided for in Paragraph (2) of Subsection E of this21
Section.22
E.(1) In order to minimize the costs to the individual school governing23
authority associated with producing the pamphlet and to minimize the technical24
costs of updating the website for the school governing authorities, the board25
shall produce an electronic version of the pamphlet or pamphlets and shall26
forward them to the school governing authority for posting to the school27
governing authority's websites and for the purpose of photocopying.28
(2)(a) In order to minimize the costs to the individual schools associated29 SB NO. 709
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with producing the pamphlet and in order to minimize the technical costs of1
updating the school's website, if applicable, the school governing authority shall2
forward the electronic version of the pamphlet or pamphlets, which it receives3
from the board pursuant to Paragraph (1) of this Subsection, for posting to the4
individual school's websites, if applicable, and for the purpose of photocopying.5
(b) The schools within the school governing authority shall photocopy,6
or otherwise produce the pamphlet in writing, and shall include the pamphlet7
as part of the materials associated with discipline pursuant to R.S. 14:416.20.8
Section 3. The legislature finds all of the following:9
(1) According to Article VIII, Section 1 of the Constitution of Louisiana, it is the10
role of the legislature to provide for the education of the people of this state and to establish11
and maintain a public education system.12
(2) A safe and civil environment in school is necessary for students to learn and13
achieve high academic success. Bullying, criminal bullying, cyberbullying, and other14
disruptive or violent behavior is conduct that disrupts both a student's ability to learn and a15
school's ability to educate its students.16
Section 4. The purpose of this Act is to insure that all school districts have and17
maintain a uniform policy to provide equal protection, for all Louisiana public school18
children, against bullying, criminal bullying, or cyberbullying.19
Section 5. This Act shall be known as the "Tesa Middlebrook Anti-bullying Act."20
Section 6. R.S. 17:416.13 is hereby repealed in its entirety upon the publication, in21
the Louisiana Register, of the promulgation of the pamphlet as is provided for in R.S.22
17:418.2.23
Section 7. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 SB NO. 709
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law provides for the crime of cyberbullying.
Proposed law maintains present law but also creates the crime of criminal bullying.
Proposed law provides that criminal bullying means that conduct which includes all of the
following:
1. The malicious and willful intent to coerce, abuse, torment, or intimidate a person
under the age of 18.
2. The conduct is severe, repeated, persistent, or pervasive.
3. The conduct serves as the greatest or sole cause of a minor's measurable physical
harm or severe emotional distress.
Proposed law provides that purely verbal expression, whether oral or written, will only be
deemed criminal bullying if such verbal expression meets all of the following:
1. Is the severe and pervasive use of threatening words, any of which is intended to
incite an immediate breach of peace.
2. The verbal expression is the intentional placing of another in reasonable
apprehension of receiving a battery.
Proposed law provides that the crime of criminal bullying will be subject to the following
penalties:
1. For anyone 18 years or older, whoever commits the crime of criminal bullying will
be fined not more than $500, imprisoned for not more than six months, or both.
2, When the offender is under the age of eighteen, the disposition of the matter will be
governed exclusively by the provisions of Title VII of the Children's Code.
Proposed law provides for the following exceptions:
1. Freedom of speech or expression which is protected pursuant to Art. I, §7 of the La.
Const. and guaranteed by 1
st
Amend. to the U.S. Const.
2. Religious free speech which is protected pursuant to Art. I, §8 of the La. Const. and
guaranteed by the 1
st
Amend. of the U.S. Const.
Proposed law provides that all persons under the age of 18 are protected under the
provisions prohibiting criminal bullying equally and without regard to the subject matter of
the criminal bullying or motivating animus.
Present law provides that certain local public school boards will adopt a student code of
conduct for the students in its school system which will include a prohibition against
harassment, intimidation, and bullying. Present law exempts the parishes of Livingston, East
Baton Rouge, East Feliciana, West Feliciana, St. Helena, and Tangipahoa.
Proposed law maintains present law but changes the prohibited conduct to bullying, criminal
bullying, and cyberbullying and requires all parishes to implement a code of student conduct SB NO. 709
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which includes BESE's policy prohibition against bullying, criminal bullying, or motivating
animus.
Proposed law declares the following to be prohibited acts:
1. Bullying on school premises, at school-sponsored functions or school-sponsored
activities, or while students are being transported by any school-sponsored means of
transportation.
2. Criminal bullying on school premises, at school-sponsored functions or school-
sponsored activities, or while students are being transported by any school-sponsored
means of transportation.
3. Cyberbullying, where school-owned technology is used.
Proposed law provides that, as it relates to school policy, the following definitions will
apply:
1. "Bullying" means that a written, verbal, or electronic communication, or physical
act, by a student, that is intended, or that a reasonable person would know is likely,
to harm one or more pupils either directly or indirectly by doing any of the
following:
(a)Substantially interfering with an educational opportunity, benefit, or program
of one or more students.
(b)Adversely affecting the ability of a pupil to participate in or benefit from an
educational program or activity by placing the student in emotional distress.
(c)Causing substantial disruption in, or substantial interference with, the orderly
operation of the school.
2. "Criminal bullying" means that conduct which is defined in proposed law.
3. "Cyberbullying" means that conduct which is defined in the criminal code. Present
law provides for the crime of cyberbullying as follows: Cyberbullying is the
transmission of any electronic textual, visual, written, or oral communication with
the malicious and willful intent to coerce, abuse, torment, or intimidate a person
under the age of eighteen.
4. "Parents" means each individual legal parent, each tutor, or each legal guardian.
Proposed law provides that, by not later than January 1, 2013, BESE will promulgate rules
and regulations to advise school officials, school staff, students and parents as to all of the
following:
1. That bullying on school premises is prohibited conduct.
2. That criminal bullying on school premises is prohibited conduct.
3. That cyberbullying through the use of school-owned technology is prohibited
conduct.
4. The nature and description of acts which constitute bullying.
5. The consequences of bullying which subjects the offender to school discipline.
6. The nature and description of acts which constitute criminal bullying and SB NO. 709
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cyberbullying .
7. The consequences of criminal bullying and cyberbullying which, not only include
school discipline but, may invoke criminal penalties.
8. That retaliation against any person who reports in good faith, is thought to have
reported, files a complaint, or otherwise participates in an investigation or inquiry
concerning allegations of bullying, criminal bullying, or cyberbullying is prohibited
conduct and that such retaliation will be subject to independent discipline.
9. That intentionally making false reports about bullying to school officials is
prohibited conduct and will result in school discipline.
10.That intentionally making false reports about criminal bullying or cyberbullying to
school officials is prohibited conduct and will result in school discipline and, if
reported to law enforcement, may invoke criminal penalties pursuant to R.S.
14:59(5).
11.The proper process and procedure for reporting any incidents involving such
prohibited conduct.
Proposed law provides that any student who believes that he or she has been, or is currently,
the victim of bullying, criminal bullying, or cyberbullying may report the situation to the
school official.
Proposed law further provides that a student may also report concerns regarding bullying,
criminal bullying, or cyberbullying to a teacher, counselor, or other school employee who
will notify the school official.
Proposed law provides a school official is not required to investigate a report if made
anonymously, unless good cause is shown or stated for filing anonymously or the school
official has good reason to believe that a student or students may be in imminent risk of
physical harm.
Proposed law provides students and staff may also report any situation that they observe and
believe to be bullying, criminal bullying, behavior, or cyberbullying behavior, directed
toward a student to the school official, teacher, school counselor or other staff.
Proposed law provides that all reported complaints, which are properly reported, that may
violate the prohibition against bullying, criminal bullying, or cyberbullying, will be promptly
investigated within 14 days after the complaint is received by the school official.
Proposed law provides that if the school official determines that criminal bullying or
cyberbullying has occurred, the school official will take all of the following actions:
1. Notify the parents of the students involved. Proposed law further provides that if a
report of bullying, criminal bullying, or cyberbullying is determined by a school
official to warrant further investigation, before any student under the age of 18 is
interviewed, his or her parent will be notified by the school official of the allegations
made and will have the opportunity to attend any interviews with their child
conducted as part of the investigation.
2. Conduct a meeting with the parents of the victim and the parents of the alleged
perpetrator.
3. Take prompt and appropriate disciplinary action against the student that the school
official determines has engaged in conduct which constitutes bullying or rises to the
degree that it may constitute criminal bullying or cyberbullying were law SB NO. 709
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words in boldface type and underscored are additions.
enforcement to be notified.
4. If after the parents of both the victim and the alleged perpetrator have met, the
following actions will be taken:
(a)If the parents of both students agree that school discipline, parental
discipline, or both are in the best interest of both students, the school official
will compose a written report containing the findings of the investigation and
the decision by the parents. If possible, the report will be signed by both
parents and the school official and will be placed in the school records of
both students.
(b)If after the parents of both the victim and the alleged perpetrator have met
and the parents of the victim wish to press criminal charges against the
alleged perpetrator and the school official determines that the alleged
perpetrator has engaged in criminal bullying or cyberbullying, the school
official will notify law enforcement officials that the school official believes
that the alleged acts may be in violation of state law and that the parents of
the victim wish to press criminal charges against the alleged perpetrator.
5. Promptly notify the complainant of the findings of the investigation and, that
remedial action has been taken if such release of information does not violate the
law.
6. Keep complaints and investigative reports confidential, except as required by federal
or state law. Proposed law further requires that, in order to encourage
communication between a student and a school official for the purpose of
implementing appropriate student discipline, whenever a student admits to a school
official that the student has engaged in conduct prohibited, that admission will be
considered hearsay and will not be considered an exception to the hearsay rule and,
therefore, will be deemed inadmissible in any court of law.
7. Maintain complaints and investigative reports for three years in the event that
disclosure is warranted by law enforcement officials.
8. Provide copies of complaints and investigative reports to the governing authority of
the school in order that the governing authority can provide information to the Dept.
of Ed. which will report the incidences of bullying, criminal bullying, and
cyberbullying.
Proposed law provides that retaliation against any person who reports in good faith, is
thought to have reported, files a complaint, or otherwise participates in an investigation or
inquiry concerning allegations of bullying, criminal bullying, or cyberbullying, is prohibited.
Proposed law further provides that such retaliation will be subject to independent discipline.
Proposed law provides that making intentionally false reports about criminal bullying or
cyberbullying to school officials is prohibited and is subject to discipline.
Proposed law provides that notice must be mailed to the parent or parents' home.
Proposed law provides that notice may not be made to the parents through an involved
student. Proposed law further provides that such delivery, if made by an involved student,
will not constitute proper notice.
Proposed law provides that nothing in proposed law will be deemed to interfere with the
parental authority and the parental responsibility that a parent has for the student when the
student is not on the school premises, is not engaged in a school-sponsored function or
school-sponsored activity, and is not being transported by school-sponsored transportation. SB NO. 709
SLS 12RS-1677 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that nothing in proposed law is to be interpreted to infringe upon the
free speech rights of students which is protected pursuant to Art. I, §7 of the La. Const. and
guaranteed under the 1
st
Amend. of the U.S. Const. and, therefore, is not intended to prohibit
expression of religious, philosophical, or political views, provided that such expression does
not cause an actual, material disruption of the work of the school which may subject the
student to discipline.
Proposed law provides that nothing in proposed law is to be interpreted to infringe upon the
religious free speech rights of students which is protected pursuant to Art. I, §8 of the La.
Const. and guaranteed under the 1
st
Amend. of the U.S. Const. and, therefore, is not intended
to prohibit expression of religious views, provided that such expression does not cause an
actual, material disruption of the work of the school which may subject the student to
discipline.
Proposed law provides that all public school students will be protected equally and without
regard to the subject matter of the bullying, criminal bullying, or cyberbullying or motivating
animus.
Proposed law provides that nothing in proposed law is to be interpreted to impede or
preclude a student, the student's parents, or school officials from directly reporting to law
enforcement officials any behavior that the reporting individual believes constitutes a
violation of criminal law.
Proposed law provides that nothing in proposed law is to be interpreted to conflict with or
supercede the provisions requiring mandatory reporting of incidence of child abuse.
Present law provides that the Dept. of Ed. will develop a behavior incidence checklist that
the governing authority of each public elementary and secondary school will use to
document the details of each reported incident of harassment, intimidation, and bullying,
including cyberbullying.
Proposed law retains present law but changes the terminology of the prohibited conduct
which is to be reported from "harassment, intimidation, and bullying, including
cyberbullying" to "bullying, criminal bullying, and cyberbullying."
Present law provides that the governing authority of each public elementary and secondary
school will report all such documented incidences of harassment, intimidation, and bullying,
including cyberbullying, to the Dept. of Ed. as prescribed in rules adopted by BESE in
accordance with the APA.
Proposed law retains present law but changes the terminology of the prohibited conduct
which is to be reported from "harassment, intimidation, and bullying, including
cyberbullying" to "bullying, criminal bullying, and cyberbullying."
Proposed law provides that, by not later than Jan. 1, 2013, BESE will produce a pamphlet
which explains, defines and prohibits bullying, criminal bullying, and cyberbullying, in an
age appropriate manner.
Proposed law provides that, in order to minimize the cost to the individual school districts
and individual schools associated with producing the pamphlet and to minimize the technical
costs of updating the respective websites, BESE will produce an electronic version of the
pamphlet or pamphlets and will forward them to the school districts, who will in turn,
forward the pamphlet to the individual schools for posting to the school's website (if the
school has a website) and for photocopying the pamphlet.
Proposed law provides that the individual schools will photocopy, or otherwise produce the
pamphlet in writing, and will include the pamphlet as part of the materials associated with
the school's discipline policy. SB NO. 709
SLS 12RS-1677 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that BESE may produce more than one pamphlet if BESE believes
that this is the best possible manner to advise students in an age and grade appropriate
manner.
Proposed law provides that the contents and the compilation of the pamphlet will be
promulgated pursuant to the APA.
Proposed law provides that, once BESE publishes the promulgation of the pamphlet in the
La. Register, the accompanying law which prohibits bullying, criminal bullying, and
cyberbullying will supercede and repeal present law which provides for various and differing
prohibition against harassment, intimidation, and bullying that some, but not all, of the
parishes and local school boards have developed.
Proposed law provides legislative intent as follows:
1. According to La. Constitution, it is the role of the legislature to provide for the
education of the people of this state and to establish and maintain a public education
system.
2. A safe and civil environment in school is necessary for students to learn and achieve
high academic success and that bullying, criminal bullying, cyberbullying and other
disruptive or violent behavior is conduct that disrupts both a student's ability to learn
and a school's ability to educate its students.
Proposed law provides that the purpose of the Act is to insure that all school districts have
and maintain a uniform policy throughout all school districts and individual schools to
protect all children from bullying, criminal bullying, and cyberbullying.
Proposed law provides that the Act shall be known as the "Tesa Middlebrook Anti-bullying
Act."
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:416.20; adds R.S. 14:40.8, R.S. 17:418, 418.1 and 418.2; repeals R.S.
17:416.13)