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Regular Session, 2012
SENATE BILL NO. 764 (Substitute of Senate Bill No. 709 by Senator Ward)
BY SENATOR WARD AND REPRESENTATI VE SCHRODER
STUDENTS. Prohibits bullying at schools or school sponsored events. (gov sig)
AN ACT1
To amend and reenact R.S. 17:415, 416(A)(1)(a), (b)(i), and (c)(i), 3(a)(xvii), 4(introductory2
paragraph), (a)(i)(ee), and (b), 416.4(C), 416.13, and 416.20(A), to enact R.S.3
17:416(A)(1)(c)(ii)(dd), (2)(d), (3)(a)(xviii), and (4)(c) and 3996(B)(30), and to4
repeal R.S. 17:416.14, relative to bullying; to provide relative to the student code of5
conduct; to provide relative to student discipline; to provide for duties; to provide for6
reporting; to provide for parental notification; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:415, 416(A)(1)(a), (b)(i), and (c)(i), 3(a)(xvii), 4(introductory9
paragraph), (a)(i)(ee), and (b), 416.4(C), 416.13, and 416.20(A) are amended and reenacted10
and R.S. 17:416(A)(1)(c)(ii)(dd), (2)(d), (3)(a)(xviii), and (4)(c) and 3996(B)(30) are hereby11
enacted to read as follows:12
§415. School records; duty to keep reports by school principal 13
Parish superintendents and teachers of the public schools of the state shall14
make and keep such school records as shall be prescribed by the state superintendent15
of education, prior to receiving their monthly salaries. Each principal of a school16
shall make to the parish superintendent of schools such reports as may be required,17 SB NO. 764
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including but not limited to the disciplinary reports required in R.S.1
17:416(A)(4). If any principal wilfully neglects or fails to do this, the parish2
superintendent of schools may withhold the salary due until the report is3
satisfactorily made.4
§416. Discipline of pupils students; suspension; expulsion5
A.(1)(a) Every teacher and other school employee shall endeavor to hold6
every pupil student to a strict accountability for any disorderly conduct in school or7
on the playgrounds of the school, on the street or road while going to or returning8
from school, on any school bus, or during intermission or recess, or at any school-9
sponsored activity or function.10
(b)(i) Each teacher may take disciplinary action to correct a pupil student11
who disrupts normal classroom activities, who is disrespectful to a teacher, who12
willfully disobeys a teacher, who uses abusive or foul language directed at a teacher13
or another pupil student, who engages in bullying, who violates school rules, or14
who interferes with an orderly education process.15
(ii) In addition to those procedures set forth in R.S. 17:416.13 regarding16
bullying, Ddisciplinary action may include but is not limited to:17
* * *18
(c)(i) When a pupil's student's behavior prevents the orderly instruction of19
other pupils students or poses an immediate threat to the safety or physical well20
being of any pupil student or teacher, when a pupil student exhibits disrespectful21
behavior toward the teacher such as using foul or abusive language or gestures22
directed at or threatening a pupil student or a teacher, when a pupil student violates23
the school's code of conduct, or when a pupil student exhibits other disruptive,24
dangerous, or unruly behavior, including inappropriate physical contact,25
inappropriate verbal conduct, sexual or other harassment, bullying, throwing objects,26
inciting other pupils students to misbehave, or destroying property, the teacher may27
have the pupil student immediately removed from his classroom and placed in the28
custody of the principal or his designee. A pupil student removed from the29 SB NO. 764
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classroom pursuant to this Subparagraph shall be assigned school work missed and1
shall receive either partial or full credit for such work if it is completed satisfactorily2
and timely as determined by the principal or his designee, upon the recommendation3
of the pupil's student's teacher; however, the teacher shall not be required to4
interrupt class instruction time to prepare any such assignment.5
(ii) * * *6
(dd) The principal or designee shall follow all procedures set forth in7
R.S. 17:416.13 regarding bullying.8
* * *9
(2) As used in this Section:10
* * *11
(d) "Bullying" is defined in R.S. 17:416.13.12
(3)(a) A school principal may suspend from school or suspend from riding13
on any school bus any pupil student who:14
* * *15
(xvii) Has engaged in bullying.16
(xviii) Commits any other serious offense.17
* * *18
(4) By not later than January 1, 1998, The governing authority of each city19
and parish public elementary and secondary school board shall adopt such rules20
and regulations as it deems necessary to implement the provisions of this Subsection21
and of R.S. 17:416.13. Such rules and regulations shall include but not be limited22
to the following provisions:23
(a) * * *24
(i) * * *25
(ee) A menu of check off items to indicate the nature of the incident,26
including fighting or bullying at the bus stop, fighting or bullying on the bus,27
smoking on the bus, leaving the bus without permission, boarding the bus at the28
incorrect stop, showing disrespect toward the driver, committing an immoral or29 SB NO. 764
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vicious act, throwing objects within the bus or out of bus windows or doors, refusing1
to occupy an assigned seat, using profane language, showing willful disobedience,2
defacing the bus, carrying objects or implements which can be used as weapons, or3
committing some other undesignated violation.4
* * *5
(b) Procedures implementing the provisions of R.S. 17:416.13 regarding6
bullying.7
(c) A procedure requiring that, within a reasonable period of time, a principal8
shall review any such report and then act upon it as provided by this Section, or R.S.9
17:416.13, or explain the reasons for failing to act to the local superintendent of10
schools or his designee and to the teacher, or other school employee , student,11
parent, or legal guardian reporting the violation.12
* * *13
§416.4. Civil liability; legal defense and indemnification of all public school14
employees15
* * *16
C. Nothing in this Section shall require a school board to indemnify an17
employee against a judgment wherein there is a specific decree in the judgment that18
the action of the employee was maliciously, willfully, and deliberately intended to19
cause bodily harm or to harass or intimidate the student or where there is a specific20
decree in the judgment that the employee purposefully or with gross disregard21
of the facts ignored the complaints of the student, or the student's parent or22
guardian, that the student was being bullied and the bullying lead to the23
physical harm or death of the child.24
* * *25
§416.13. Student code of conduct; requirement; harassment, intimidation, and26
bullying; prohibition; exemptions notice; reporting; accountability27
A. Code of Conduct. By not later than August 1, 1999, The governing28
authority of each city, parish and other local public elementary and secondary29 SB NO. 764
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school board shall adopt a student code of conduct for the students in it's the school1
system. Such code of conduct shall be in compliance with all existing rules,2
regulations, and policies of the school board and of the State Board of Elementary3
and Secondary Education and all state laws relative to student discipline and shall4
include any necessary disciplinary action to be taken against any student who5
violates the code of conduct.6
B.(1) Bullying Policy. By not later than August 1, 2001, The governing7
authority of each city, parish, and other local public elementary and secondary8
school board shall adopt, and incorporate into the student code of conduct, as9
provided in this Section a policy prohibiting the harassment, intimidation, and10
bullying of a student by another student, which includes the definition of bullying11
set forth herein. This policy must be implemented in a manner that is ongoing12
throughout the school year and integrated with a school's curriculum, a school's13
discipline policies, and other violence prevention efforts.14
(2) For purposes of this Subsection, the terms "harassment", "intimidation",15
and "bullying" shall mean any intentional gesture or written, verbal, or physical act16
that:17
(a) A reasonable person under the circumstances should know will have the18
effect of harming a student or damaging his property or placing a student in19
reasonable fear of harm to his life or person or damage to his property; and20
(b) Is so severe, persistent, or pervasive that it creates an intimidating,21
threatening, or abusive educational environment for a student.22
(3) Any student, school employee, or school volunteer who in good faith23
reports an incident of harassment, intimidation, or bullying to the appropriate school24
official in accordance with the procedures established by local board policy shall be25
immune from a right of action for damages arising from any failure to remedy the26
reported incident.27
(4) The provisions of this Subsection shall not apply to the parishes of28
Livingston, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, and29 SB NO. 764
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Tangipahoa.1
C.(1) By not later than January 1, 2011 2013, the governing authority of each2
public elementary and secondary school shall :3
(a) conduct Conduct a review of the student code of conduct required by this4
Section and amend such code as may be necessary to assure that the policy5
prohibiting the harassment, intimidation, and bullying of a student by another student6
specifically addresses the nature, extent, causes, and consequences of behavior7
constituting cyberbullying, the effect said behavior has on others, including8
bystanders, and the disciplinary and criminal consequences, and includes the9
definition of bullying contained herein.10
(b) Create a program through which it shall provide at least four hours11
of training for all school employees, including bus drivers, with respect to12
bullying each year which specifically addresses the effect said behavior has on13
others, including bystanders, and the disciplinary and criminal consequences,14
and includes the definition of bullying contained herein.15
(2) For the purposes of this Subsection, the term "cyberbullying" shall mean16
harassment, intimidation, or bullying of a student on school property by another17
student using a computer, mobile phone, or other interactive or digital technology18
or harassment, intimidation, or bullying of a student while off school property by19
another student using any such means when the action or actions are intended to have20
an effect on the student when the student is on school property.21
C. Definition of Bullying. For the purposes of this Subsection, the term22
"bullying" shall mean:23
(1) Any pattern of any of the following:24
(a) Gestures, including but not limited to, obscene gestures and making25
faces.26
(b) Written, electronic, or verbal communications, including but not27
limited to, calling names, threatening harm, taunting, malicious teasing,28
spreading untrue rumors. Electronic communication includes but is not limited29 SB NO. 764
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to a communication or image transmitted by e-mail, instant message, text1
message, blog, or social networking website through the use of a telephone,2
mobile phone, pager, or computer.3
(c) Physical acts, including but not limited to hitting, kicking, pushing,4
tripping, choking, damaging personal property, or unauthorized use of personal5
property.6
(d) Repeatedly and purposefully shunning or excluding from activities.7
(2) That a student or group of students has exhibited toward another8
student more than once.9
(3) That occurs, or is received by a student, on school property, at a10
school-sponsored or school-related function or activity, in any school bus or van,11
at any designated school bus stop, in any other school or private vehicle used to12
transport students to and from schools or any school-sponsored activity or13
event.14
(4) That has the effect of any of the following:15
(a) Physically harming a student or placing the student in reasonable16
fear of physical harm.17
(b) Damaging a student's property or placing the student in reasonable18
fear of damage to the student's property.19
(5) That is sufficiently severe, persistent, and pervasive enough to either:20
(a) Create an intimidating or threatening educational environment.21
(b) Have the effect of substantially interfering with a student's22
performance in school.23
(c) Have the effect of substantially disrupting the orderly operation of24
the school.25
D. Prior to January 1, 2013, the State Board of Elementary and26
Secondary Education shall develop and adopt rules and regulations for the27
implementation of this Subsection relevant to the procedures the processes used28
to report and investigate bullying and which shall include but not be limited to:29 SB NO. 764
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(1) Notice to Students and Parents. Beginning on January 1, 2011, and1
continuing thereafter, tThe governing authority of each public elementary and2
secondary school shall inform each student, verbally and in writing within ten days3
after enrolling in school at the orientation required under R.S. 17:416.20, of the4
prohibition against harassment, intimidation, and bullying, including cyberbullying,5
of a student by another student;, the nature and consequences of such actions;,6
including the potential criminal consequences and loss of driver's license as7
provided in R.S. 17:416.1, and the proper process and procedure for reporting any8
incidents involving such prohibited actions. A copy of the written notice shall also9
be delivered to each student's parent or legal guardian.10
(2) Reporting. (a) By not later than January 1, 2011, tThe governing11
authority of each public elementary and secondary school shall develop and adopt12
a policy establishing procedures for the investigation of reports of harassment,13
intimidation, and bullying, including cyberbullying, of a student by another student14
a procedure for the reporting of incidents of bullying. This shall include a form15
for the purposes of bullying reports. The form shall include an affirmation of16
truth of statement. Any bullying report submitted regardless of recipient shall17
use this form, but additional information may be provided. The form shall be18
available on the Department of Education's website.19
(i) Students and parents. Any student who believes that he or she has20
been, or is currently, the victim of bullying, or any student, or any parent or21
guardian, who witnesses bullying or has good reason to believe bullying is22
taking place, may report the situation to a school official. A student, or parent23
or guardian, may also report concerns regarding bullying to a teacher,24
counselor, other school employee, or to any parent chaperoning or supervising25
a school function or activity. Any report of bullying shall remain confidential.26
(ii) School personnel. Any teacher, counselor, bus driver, or other school27
employee, whether full or part time, and including any parent chaperoning or28
supervising a school function or activity, who witnesses bullying or who learns29 SB NO. 764
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of bullying from a student pursuant to Item (a)(i) of this Paragraph, shall make1
a report to a school official.2
(iii) Retaliation. Retaliation against any person who reports bullying in3
good faith, who is thought to have reported bullying, who files a complaint, or4
who otherwise participates in an investigation or inquiry concerning allegations5
of bullying is prohibited conduct and subject to discipline. School and district6
resources shall not be used to prohibit or dissuade any person who meets the7
specifications of this Item.8
(iv) False Reports. Intentionally making false reports about bullying to9
school officials is prohibited conduct and will result in the appropriate10
disciplinary measures as determined by the governing authority of the school11
in accordance with the rules and regulations of the State Board of Elementary12
and Secondary Education.13
(3) Investigation.(a) Procedure. By not later than January 1, 2013, the14
State Board of Elementary and Secondary Education shall develop and adopt15
a procedure for the investigation of reports of bullying of a student by another16
student. The procedure shall include the following:17
(b) Scope of investigation. An investigation shall include an interview of18
the reporter, the victim, the alleged bully, and any witnesses, and shall include19
obtaining copies or photographs of any audio-visual evidence.20
(c) Timing. The school shall begin an investigation of any complaint that21
is properly reported and that alleges conduct prohibited in this Section the next22
business day during which school is in session after the report is received by the23
school official.24
(d) Appeal. (i) If the school official does not take timely and effective25
action pursuant to this Section, the student, parent, or school employee may26
report the bullying incident to the city, parish, or other local school board or27
local governing authority. The school board or governing authority shall begin28
an investigation of any complaint that is properly reported and that alleges29 SB NO. 764
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conduct prohibited in this Section the next business day during which school is1
in session after the report is received by a school board or governing authority2
official.3
(ii) If the school board does not take timely and effective action, the4
student, parent, or other school employee may report the bullying incident to5
the Department of Education. The department shall track the number of6
reports, shall notify in writing the superintendent and the president of the7
school's governing authority, and shall publish the number of reports by school8
district or governing authority on its website. The department shall provide9
both the number of actual reports received and the number of reports received10
by affected child.11
(iii) For the purposes of this Section, a report means a written document12
that meets the requirements of Subparagraph (2)(a) of this Subsection.13
(e) Parental Notification.14
(i) Upon receiving a report of bullying, the school official shall notify the15
child's parent or guardian according to the definition of notice created by the16
Department of Education.17
(ii) Under no circumstances shall the delivery of the notice to the parent18
or parents, which is required by this Subsection, be the responsibility of an19
involved student. Delivery of the notice by an involved student shall not20
constitute notice as is required pursuant to this Subsection.21
(iii) Before any student under the age of eighteen is interviewed, his or22
her parent or guardian shall be notified by the school official of the allegations23
made and shall have the opportunity to attend any interviews with their child24
conducted as part of the investigation.25
(iv) The State Board of Elementary and Secondary Education shall26
develop a procedure for meetings with the parents of the victim and the parents27
of the alleged perpetrator. This procedure shall include:28
(aa) Separate meetings with the parents or legal guardians of the victim29 SB NO. 764
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and the parents or legal guardians of the alleged perpetrator.1
(bb) Notification of parents or legal guardians of the victim and of the2
alleged perpetrator of the available potential consequences, penalties, and3
counseling options.4
(cc) In any case where a teacher, principal, or other school employee is5
authorized in this Section to require the parent or legal guardian of a student6
who is under the age of eighteen and not judicially emancipated or emancipated7
by marriage to attend a conference or meeting regarding the student's behavior8
and, after notice, the parent, tutor, or legal guardian willfully refuses to attend,9
that the principal or his designee shall file a complaint with a court exercising10
juvenile jurisdiction, pursuant to Children's Code Article 730(8) and 731. The11
principal may file a complaint pursuant to Children's Code Article 730(1) or12
any other applicable ground when, in his judgment, doing so is in the best13
interests of the student.14
(f) Disciplinary Action. If the school has received a report of bullying,15
has determined that an act of bullying has occurred, and after meeting with the16
parent/guardian of the students involved, the school official shall:17
(i) Take prompt and appropriate disciplinary action, pursuant to R.S.18
17:416 and 416.1, against the student that the school official determines has19
engaged in conduct which constitutes bullying, if appropriate.20
(ii) Report criminal conduct to law enforcement, if appropriate.21
(g) Parental Relief. (i) If a parent, legal guardian, teacher, or other22
school official has made four or more reports of bullying, as provided in23
Paragraph (2) of the Subsection, and no investigation pursuant to Paragraph24
(3) of this Subsection has occurred, the parent or legal guardian with25
responsibility for decisions regarding the education of the student about whom26
the report or reports have been made may exercise an option to have the child27
enroll in or attend another school operated by the governing authority of the28
public elementary or secondary school at which the child was enrolled on the29 SB NO. 764
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dates when at least three of the reports were submitted.1
(ii) The parent shall file a request with the superintendent for the2
transfer of the child to another school under the governing authority's3
jurisdiction.4
(iii) The governing authority of the public elementary or secondary5
school at which the child was enrolled shall make a seat available at another6
public elementary or secondary school under its jurisdiction within thirty7
calendar days of the parent or legal guardian's request for a transfer.8
(iv) If no seat is made available within thirty calendar days of the receipt9
by the superintendent of the request, the parent or legal guardian may request10
a hearing with the local governing authority, which shall be public or private11
at the option of the parent or legal guardian. The local governing authority shall12
grant the hearing at the next scheduled meeting or within sixty calendar days,13
whichever is sooner.14
(h) Documentation. (i) The state Department of Education shall develop15
a behavior incidence checklist that the governing authority of each public elementary16
and secondary school shall use to document the details of each reported incident of17
harassment, intimidation, and bullying , including cyberbullying.18
(b)(ii) The governing authority of each public elementary and secondary19
school shall report all such documented incidences of harassment, intimidation, and20
bullying, including cyberbullying, to the Department of Education as prescribed in21
rules adopted by the State Board of Elementary and Secondary Education in22
accordance with the Administrative Procedure Act and R.S. 17:415.23
(iii) After the investigation and meeting with the parents, pursuant to24
this Section, a school, local school board or other local school governing25
authority shall:26
(aa) Compose a written document containing the findings of the27
investigation, including input from the parents, and the decision by the school28
or school system official. The document shall be placed in the school records of29 SB NO. 764
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both students.1
(bb) Promptly notify the complainant of the findings of the investigation2
and that remedial action has been taken, if such release of information does not3
violate the law.4
(cc) Keep complaints and investigative reports confidential, except as is5
provided in this Section and where disclosure is required to be made pursuant6
to 20 U.S.C.A. 1232(G) or by other applicable federal laws, rules, or regulations7
or by state law.8
(dd) Maintain complaints and investigative reports for three years in the9
event that disclosure is warranted by law enforcement officials.10
(ee) As applicable, provide a copy of any reports and investigative11
documents to the governing authority of the school in order that the governing12
authority can comply with the provisions of R.S. 17:416.1.13
(ff) As applicable, provide a copy of any reports and investigative14
documents to the Department of Education. Upon receipt, the department shall15
remove any reports related to the investigative documents from notation on the16
department's website, but shall maintain a record of those reports for three17
years.18
E. Parental Responsibilities. Nothing herein shall be deemed to interfere19
with the authority and the responsibility that a parent or legal guardian has for20
the student at all times but particularly when the student is not on the school21
premises, is not engaged in a school-sponsored function or school- sponsored22
activity, and is not being transported by school-sponsored means of23
transportation.24
F. This Section shall not be interpreted to conflict with or supercede the25
provisions requiring mandatory reporting pursuant to Louisiana Children's26
Code Article 609 and as enforced through R.S. 14:403.27
G. Preclusion. (1) This Section shall not be interpreted to prevent a28
victim of bullying, or his parent or legal guardian, from seeking redress under29 SB NO. 764
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any other available law either civil or criminal.1
(2) Nothing in this Section is intended to infringe upon the right of a2
school employee or student to exercise their right of free speech.3
H. Construction; equal protection. All students subject to the provisions4
of this Section shall be protected equally and without regard to the subject5
matter or the motivating animus of the bullying.6
* * *7
§416.20. Student conduct standards; awareness and understanding by students;8
required orientation; guidelines9
A. In addition to any other requirements established by law, rule, or10
regulation relative to student discipline and conduct and beginning with the11
2008-2009 school year and continuing thereafter, the governing authority of a public12
elementary or secondary school shall require that every student be provided an13
orientation during the first five days of each school year regarding school14
disciplinary rules and provisions of the code of student conduct applicable to such15
students, including but not limited to the policy on bullying as set forth in R.S.16
17:416.13 . Orientation instruction shall be provided by the school principal or his17
designees and shall include but not be limited to consequences for failing to comply18
with such school disciplinary rules and code requirements, including suspension,19
expulsion, the possibility of suspension of a student's driver's license for one20
year as provided in R.S. 17:416.1, and the possible criminal consequences of21
violent acts committed on school property, at a school-sponsored function, or22
in a firearm-free zone. The orientation also shall clearly communicate to students23
the rights afforded teachers pursuant to R.S. 17:416.18 and other applicable law24
relative to the discipline of students.25
* * *26
§3996. Charter schools; exemptions; requirements27
* * *28
B. Notwithstanding any state law, rule, or regulation to the contrary and29 SB NO. 764
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except as may be otherwise specifically provided for in an approved charter, a1
charter school established and operated in accordance with the provisions of this2
Chapter and its approved charter and the school's officers and employees shall be3
exempt from all statutory mandates or other statutory requirements that are4
applicable to public schools and to public school officers and employees except for5
the following laws otherwise applicable to public schools with the same grades:6
* * *7
(30) Procedures on bullying pursuant to R.S. 17:416.13.8
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 and other disruptive or violent behavior is conduct14
that disrupts both a student's ability to learn and a school's ability to educate its students.15
Section 4. The purpose of this Act is to insure that all school districts have and16
maintain a uniform policy to provide equal protection, for all Louisiana public school17
children, against bullying.18
Section 5. This Act shall be known as the "Tesa Middlebrook Anti-Bullying Act."19
Section 6. R.S. 17:416.14 is hereby repealed in its entirety.20
Section 7. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 SB NO. 764
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Ward (SB 764)
Provides for the "Tesa Middlebrook Anti-Bullying Act.
Provides relative to the discipline of students in public elementary and secondary schools
regarding bullying. Extends applicability of discipline to school buses and school-sponsored
activities and functions.
Provides that a school board is not required to indemnify an employee where there is a
specific decree in the judgment that the employee purposefully or with gross disregard of
the facts ignored the complaints of the student, or the student's parent or guardian, that the
student was being bullied and the bullying lead to the physical harm or death of the child.
Provides for the student code of conduct to specifically address the behavior constituting
bullying, the effect said behavior has on others, including bystanders, and the disciplinary
and criminal consequences, and the definition of bullying.
Provides for a program through which the school shall provide at least four hours of training
for all school employees, including bus drivers, with respect to bullying each year which
specifically addresses the effect said behavior has on others, including bystanders, and the
disciplinary and criminal consequences, and the definition of bullying.
Defines bullying as:
1. Any pattern of any of the following:
(a)Gestures, including but not limited to, obscene gestures and making faces.
(b)Written, electronic, or verbal communications, including but not limited to,
calling names, threatening harm, taunting, malicious teasing, spreading
untrue rumors. Electronic communication includes but is not limited to a
communication or image transmitted by email, instant message, text
message, blog, or social networking website through the use of a telephone,
mobile phone, pager, or computer.
(c)Physical acts, including but not limited to hitting, kicking, pushing, tripping,
choking, damaging personal property, or unauthorized use of personal
property.
(d)Repeatedly and purposefully shunning or excluding from activities.
2. That a student or group of students has exhibited toward another student more than
once.
3. That occurs, or is received by a student, on school property, at a school-sponsored
or school-related function or activity, in any school bus or van, at any designated
school bus stop, in any other school or private vehicle used to transport students to
and from schools or any school-sponsored activity or event.
4. That has the effect of any of the following:
(a)Physically harming a student or placing the student in reasonable fear of SB NO. 764
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physical harm.
(b)Damaging a student's property or placing the student in reasonable fear of
damage to the student's property.
5. That is sufficiently severe, persistent, and pervasive enough to either:
(a)Create an intimidating or threatening educational environment.
(b)Have the effect of substantially interfering with a student's performance in
school.
(c)Have the effect of substantially disrupting the orderly operation of the school.
Requires that prior to January 1, 2013, BESE develop and adopt rules and regulations for the
implementation of proposed law relevant to the procedures the processes used to report and
investigate bullying and which shall include but not be limited to:
1. Notice to Students and Parents
2. Reporting.
(i) Provides that any student who believes that he or she has been, or is
currently, the victim of bullying, or any student, or any parent or guardian,
who witnesses bullying or has good reason to believe bullying is taking
place, may report the situation to a school official. A student, or parent or
guardian, may also report concerns regarding bullying to a teacher,
counselor, other school employee, or to any parent chaperoning or
supervising a school function or activity. Any report of bullying shall remain
confidential.
(ii) Requires that any teacher, counselor, bus driver, or other school employee,
whether full or part time, and including any parent chaperoning or
supervising a school function or activity, who witnesses bullying or who
learns of bullying from a student make a report to a school official.
(iii) Prohibits retaliation against any person who reports bullying in good faith,
who is thought to have reported bullying, who files a complaint, or who
otherwise participates in an investigation or inquiry concerning allegations
of bullying.
(iv)Provides for discipline for intentionally making false reports about bullying
to school officials.
3. Investigation including scope and timing
4. Appeal
5. Parental notification
6. Disciplinary action
7. Parental relief
8. Documentation
Provides that nothing in proposed law shall be deemed to interfere with the authority and the
responsibility that a parent or legal guardian has for the student at all times but particularly SB NO. 764
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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
means of transportation.
Provides that proposed law shall not be interpreted to prevent a victim of bullying, or his
parent or legal guardian, from seeking redress under any other available law either civil or
criminal.
Provides that nothing in proposed law is intended to infringe upon the right of a school
employee or student to exercise their right of free speech.
Provides that all students subject to proposed law shall be protected equally and without
regard to the subject matter or the motivating animus of the bullying.
Provides that charter schools are subject to proposed law.
Provides that purpose of proposed law is to insure that all school districts have and maintain
a uniform policy to provide equal protection, for all Louisiana public school children, against
bullying.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:415, 416(A)(1)(a), (b)(i), and (c)(i), 3(a)(xvii), 4(intro. para.), (a)(i)(ee),
and (b), 416.4(C), 416.13, and 416.20(A); adds R.S. 17:416(A)(1)(c)(ii)(dd), (2)(d),
(3)(a)(xviii), and (4)(c) and 3996(B)(30), and repeals R.S. 17:416.14)