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Regular Session, 2012
SENATE BILL NO. 764 (Substitute of Senate Bill No. 709 by Senator Ward)
BY SENATORS WARD, ALARIO, ALLAIN, AMEDEE, APPEL, BROOME, BROWN,
BUFFINGTON, CHABERT, CROWE, DORSEY-COLOMB, GALLOT,
GUILLORY, JOHNS, KOSTELKA, LONG, MARTI NY, MURRAY,
NEVERS, PERRY, RISER, TARVER, THOMPSON, WAL SWORTH
AND WHITE AND REPRESENTATIVE 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 (ii)(introductory paragraph), and2
(c)(i), (3)(a)(introductory paragraph) and (xvii), (4)(introductory paragraph),3
(a)(i)(ee), and (b), 416.4(C), 416.13, and 416.20(A), to enact R.S.4
17:416(A)(1)(c)(ii)(dd), (2)(d), (3)(a)(xviii), and (4)(c) and 3996(B)(30), and to5
repeal R.S. 17:416.14, relative to bullying; to provide relative to the student code of6
conduct; to provide relative to student discipline; to provide for duties; to provide for7
reporting; to provide for parental notification; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:415, 416(A)(1)(a), (b)(i) and (ii)(introductory paragraph), and10
(c)(i), (3)(a)(introductory paragraph) and (xvii), (4)(introductory paragraph), (a)(i)(ee), and11
(b), 416.4(C), 416.13, and 416.20(A) are amended and reenacted and R.S.12
17:416(A)(1)(c)(ii)(dd), (2)(d), (3)(a)(xviii), and (4)(c) and 3996(B)(30) are hereby enacted13
to read as follows:14
§415. School records; duty to keep reports by school principal15
Parish Local superintendents and teachers of the public schools of the state16
shall make and keep such school records as shall be prescribed by the state17 SB NO. 764
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superintendent of education, prior to receiving their monthly salaries. Each principal1
of a school shall make to the parish local superintendent of schools such reports as2
may be required, including but not limited to the disciplinary reports required3
in R.S. 17:416(A)(4). If any principal wilfully neglects or fails to do this, the parish4
local superintendent of schools may withhold the salary due until the report is5
satisfactorily made.6
§416. Discipline of pupils students; suspension; expulsion7
A.(1)(a) Every teacher and other school employee shall endeavor to hold8
every pupil student to a strict accountability for any disorderly conduct in school or9
on the playgrounds of the school, on the street or road while going to or returning10
from school, on any school bus, or during intermission or recess, or at any school-11
sponsored activity or function.12
(b)(i) Each teacher may take disciplinary action to correct a pupil student13
who disrupts normal classroom activities, who is disrespectful to a teacher, who14
willfully disobeys a teacher, who uses abusive or foul language directed at a teacher15
or another pupil student, who engages in bullying, who violates school rules, or16
who interferes with an orderly education process.17
(ii) In addition to those procedures set forth in R.S. 17:416.13 regarding18
bullying, Disciplinary disciplinary action may include but is not limited to:19
* * *20
(c)(i) When a pupil's student's behavior prevents the orderly instruction of21
other pupils students or poses an immediate threat to the safety or physical well22
being of any pupil student or teacher, when a pupil student exhibits disrespectful23
behavior toward the teacher such as using foul or abusive language or gestures24
directed at or threatening a pupil student or a teacher, when a pupil student violates25
the school's code of conduct, or when a pupil student exhibits other disruptive,26
dangerous, or unruly behavior, including inappropriate physical contact,27
inappropriate verbal conduct, sexual or other harassment, bullying, throwing objects,28
inciting other pupils students to misbehave, or destroying property, the teacher may29 SB NO. 764
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have the pupil student immediately removed from his classroom and placed in the1
custody of the principal or his designee. A pupil student removed from the2
classroom pursuant to this Subparagraph shall be assigned school work missed and3
shall receive either partial or full credit for such work if it is completed satisfactorily4
and timely as determined by the principal or his designee, upon the recommendation5
of the pupil's student's teacher; however, the teacher shall not be required to6
interrupt class instruction time to prepare any such assignment.7
(ii) * * *8
(dd) The principal or designee shall follow all procedures set forth in9
R.S. 17:416.13 regarding bullying.10
* * *11
(2) As used in this Section:12
* * *13
(d) "Bullying" is defined in R.S. 17:416.13.14
(3)(a) A school principal may suspend from school or suspend from riding15
on any school bus any pupil student who:16
* * *17
(xvii) Has engaged in bullying.18
(xviii) Commits any other serious offense.19
* * *20
(4) By not later than January 1, 1998, The governing authority of each city21
and parish public elementary and secondary school board shall adopt such rules22
and regulations as it deems necessary to implement the provisions of this Subsection23
and of R.S. 17:416.13. Such rules and regulations shall include but not be limited24
to the following provisions:25
(a) * * *26
(i) * * *27
(ee) A menu of check-off items to indicate the nature of the incident,28
including fighting or bullying at the bus stop, fighting or bullying on the bus,29 SB NO. 764
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smoking on the bus, leaving the bus without permission, boarding the bus at the1
incorrect stop, showing disrespect toward the driver, committing an immoral or2
vicious act, throwing objects within the bus or out of bus windows or doors, refusing3
to occupy an assigned seat, using profane language, showing willful disobedience,4
defacing the bus, carrying objects or implements which can be used as weapons, or5
committing some other undesignated violation.6
* * *7
(b) Procedures implementing the provisions of R.S. 17:416.13 regarding8
bullying.9
(c) A procedure requiring that, within a reasonable period of time, a principal10
shall review any such report and then act upon it as provided by this Section, or R.S.11
17:416.13, or explain the reasons for failing to act to the local superintendent of12
schools or his designee and to the teacher, or other school employee , student,13
parent, or legal guardian reporting the violation.14
* * *15
§416.4. Civil liability; legal defense and indemnification of all public school16
employees17
* * *18
C. Nothing in this Section shall require a school board to indemnify an19
employee against a judgment wherein there is a specific decree in the judgment that20
the action of the employee was maliciously, willfully, and deliberately intended to21
cause bodily harm or to harass or intimidate the student or where there is a specific22
decree in the judgment that the employee purposefully or with gross disregard23
of the facts ignored the complaints of the student, or the student's parent or24
guardian, that the student was being bullied and the bullying lead to the25
physical harm or death of the child.26
* * *27
§416.13. Student code of conduct; requirement; harassment, intimidation, and28
bullying; prohibition; exemptions notice; reporting; accountability29 SB NO. 764
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A. Code of Conduct. By not later than August 1, 1999, The governing1
authority of each city, parish and other local public elementary and secondary2
school board shall adopt a student code of conduct for the students in its school3
system the schools under its jurisdiction. Such The code of conduct shall be in4
compliance with all existing rules, regulations, and policies of the school board and5
of the State Board of Elementary and Secondary Education and all state laws relative6
to student discipline and shall include any necessary disciplinary action to be taken7
against any student who violates the code of conduct.8
B.(1) Bullying Policy. By not later than August 1, 2001, The governing9
authority of each city, parish, and other local public elementary and secondary10
school board shall adopt, and incorporate into the student code of conduct, as11
provided in this Section a policy prohibiting the harassment, intimidation, and12
bullying of a student by another student, which includes the definition of bullying13
as provided in Subsection C of this Section. This policy must be implemented14
in a manner that is ongoing throughout the school year and integrated with a15
school's curriculum, a school's discipline policies, and other violence prevention16
efforts.17
(2) For purposes of this Subsection, the terms "harassment", "intimidation",18
and "bullying" shall mean any intentional gesture or written, verbal, or physical act19
that:20
(a) A reasonable person under the circumstances should know will have the21
effect of harming a student or damaging his property or placing a student in22
reasonable fear of harm to his life or person or damage to his property; and23
(b) Is so severe, persistent, or pervasive that it creates an intimidating,24
threatening, or abusive educational environment for a student.25
(3) Any student, school employee, or school volunteer who in good faith26
reports an incident of harassment, intimidation, or bullying to the appropriate school27
official in accordance with the procedures established by local board policy shall be28
immune from a right of action for damages arising from any failure to remedy the29 SB NO. 764
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reported incident.1
(4) The provisions of this Subsection shall not apply to the parishes of2
Livingston, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, and3
Tangipahoa.4
C.(1) By not later than January 1, 2011 2013, the governing authority of each5
public elementary and secondary school shall :6
(a) conduct Conduct a review of the student code of conduct required by this7
Section and amend such the code as may be necessary to assure that the policy8
prohibiting the harassment, intimidation, and bullying of a student by another student9
specifically addresses the nature, extent, causes, and consequences of behavior10
constituting cyberbullying, the effect the behavior has on others, including11
bystanders, and the disciplinary and criminal consequences, and includes the12
definition of bullying as provided in Subsection C of this Section.13
(b) Create a program to provide a minimum of four hours of training14
each year for all school employees, including bus drivers, with respect to15
bullying. Such training shall specifically include the following:16
(i) How to recognize the behaviors defined as bullying in Subsection C17
of this Section.18
(ii) How to identify students at each grade level in the employee's school19
who are most likely to become victims of bullying, while not excluding any child20
from protection from bullying.21
(iii) How to use appropriate intervention and remediation techniques and22
procedures.23
(iv) The procedures by which incidents of bullying are to be reported to24
school officials.25
(2) For the purposes of this Subsection, the term "cyberbullying" shall mean26
harassment, intimidation, or bullying of a student on school property by another27
student using a computer, mobile phone, or other interactive or digital technology28
or harassment, intimidation, or bullying of a student while off school property by29 SB NO. 764
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another student using any such means when the action or actions are intended to have1
an effect on the student when the student is on school property.2
C. Definition of Bullying. "Bullying" means:3
(1) A pattern of any one or more of the following:4
(a) Gestures, including but not limited to obscene gestures and making5
faces.6
(b) Written, electronic, or verbal communications, including but not7
limited to calling names, threatening harm, taunting, malicious teasing, or8
spreading untrue rumors. Electronic communication includes but is not limited9
to a communication or image transmitted by email, instant message, text10
message, blog, or social networking website through the use of a telephone,11
mobile phone, pager, computer, or other electronic device.12
(c) Physical acts, including but not limited to hitting, kicking, pushing,13
tripping, choking, damaging personal property, or unauthorized use of personal14
property.15
(d) Repeatedly and purposefully shunning or excluding from activities.16
(2)(a) Where the pattern of behavior as provided in Paragraph (1) of this17
Subsection is exhibited toward a student, more than once, by another student18
or group of students and occurs, or is received by, a student while on school19
property, at a school-sponsored or school-related function or activity, in any20
school bus or van, at any designated school bus stop, in any other school or21
private vehicle used to transport students to and from schools, or any22
school-sponsored activity or event.23
(b) The pattern of behavior as provided in Paragraph (1) of this24
Subsection must have the effect of physically harming a student, placing the25
student in reasonable fear of physical harm, damaging a student's property,26
placing the student in reasonable fear of damage to the student's property, or27
must be sufficiently severe, persistent, and pervasive enough to either create an28
intimidating or threatening educational environment, have the effect of29 SB NO. 764
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substantially interfering with a student's performance in school, or have the1
effect of substantially disrupting the orderly operation of the school.2
D. Prior to January 1, 2013, the State Board of Elementary and3
Secondary Education shall develop and adopt rules and regulations to4
implement the provisions of this Section relative to the procedures and5
processes to be used to report and investigate bullying and which shall include6
but not be limited to:7
(1) Notice to Students and Parents. Beginning on January 1, 2011, and8
continuing thereafter, the The governing authority of each public elementary and9
secondary school shall inform each student, orally and in writing within ten days10
after enrolling in school at the orientation required under R.S. 17:416.20, of the11
prohibition against harassment, intimidation, and bullying, including cyberbullying,12
of a student by another student;, the nature and consequences of such actions;,13
including the potential criminal consequences and loss of driver's license as14
provided in R.S. 17:416.1, and the proper process and procedure for reporting any15
incidents involving such prohibited actions. A copy of the written notice shall also16
be delivered to each student's parent or legal guardian.17
(2) Reporting. (a) By not later than January 1, 2011, the The governing18
authority of each public elementary and secondary school shall develop and adopt19
a policy establishing procedures for the investigation of reports of harassment,20
intimidation, and bullying, including cyberbullying, of a student by another student21
a procedure for the reporting of incidents of bullying. This shall include a form22
for the purposes of bullying reports. The form shall include an affirmation of23
truth of statement. Any bullying report submitted regardless of recipient shall24
use this form, but additional information may be provided. The form shall be25
available on the Department of Education's website.26
(b) Students and parents. Any student who believes that he or she has27
been, or is currently, the victim of bullying, or any student, or any parent or28
guardian, who witnesses bullying or has good reason to believe bullying is29 SB NO. 764
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taking place, may report the situation to a school official. A student, or parent1
or guardian, may also report concerns regarding bullying to a teacher,2
counselor, other school employee, or to any parent chaperoning or supervising3
a school function or activity. Any report of bullying shall remain confidential.4
(c) School personnel. Any teacher, counselor, bus driver, or other school5
employee, whether full or part time, and including any parent chaperoning or6
supervising a school function or activity, who witnesses bullying or who learns7
of bullying from a student pursuant to Subparagraph (b) of this Paragraph,8
shall make a report to a school official.9
(d) Retaliation. Retaliation against any person who reports bullying in10
good faith, who is thought to have reported bullying, who files a complaint, or11
who otherwise participates in an investigation or inquiry concerning allegations12
of bullying is prohibited conduct and subject to discipline. School and district13
resources shall not be used to prohibit or dissuade any person who meets the14
specifications of this Item.15
(e) False Reports. Intentionally making false reports about bullying to16
school officials is prohibited conduct and will result in the appropriate17
disciplinary measures as determined by the governing authority of the school18
in accordance with the rules and regulations of the State Board of Elementary19
and Secondary Education.20
(3) Investigation Procedure. By not later than January 1, 2013, the State21
Board of Elementary and Secondary Education shall develop and adopt a22
procedure for the investigation of reports of bullying of a student by another23
student. The procedure shall include the following:24
(a) Scope of investigation. An investigation shall include an interview25
of the reporter, the victim, the alleged bully, and any witnesses, and shall26
include obtaining copies or photographs of any audio-visual evidence.27
(b) Timing. The school shall begin an investigation of any complaint28
that is properly reported and that alleges conduct prohibited in this Section the29 SB NO. 764
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next business day during which school is in session after the report is received1
by the school official.2
(c) Appeal. (i) If the school official does not take timely and effective3
action pursuant to this Section, the student, parent, or school employee may4
report the bullying incident to the city, parish, or other local school board or5
local school governing authority. The school board or school governing6
authority shall begin an investigation of any complaint that is properly reported7
and that alleges conduct prohibited in this Section the next business day during8
which school is in session after the report is received by a school board or9
governing authority official.10
(ii) If the school board does not take timely and effective action, the11
student, parent, or other school employee may report the bullying incident to12
the state Department of Education. The department shall track the number of13
reports, shall notify in writing the superintendent and the president of the14
school's governing authority, and shall publish the number of reports by school15
district or governing authority on its website. The department shall provide16
both the number of actual reports received and the number of reports received17
by affected child.18
(iii) For the purposes of this Section, a report means a written document19
that meets the requirements of Subparagraph (2)(a) of this Subsection.20
(d) Parental Notification.21
(i) Upon receiving a report of bullying, the school official shall notify the22
child's parent or legal guardian according to the definition of notice created by23
the state Department of Education.24
(ii) Under no circumstances shall the delivery of the notice to the parent25
or legal guardian, which is required by this Subsection, be the responsibility of26
an involved student. Delivery of the notice by an involved student shall not27
constitute notice as is required pursuant to this Subsection.28
(iii) Before any student under the age of eighteen is interviewed, his or29 SB NO. 764
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her parent or legal guardian shall be notified by the school official of the1
allegations made and shall have the opportunity to attend any interviews with2
their child conducted as part of the investigation.3
(iv) The State Board of Elementary and Secondary Education shall4
develop a procedure for meetings with the parent or legal guardian of the victim5
and the parent or legal guardian of the alleged perpetrator. This procedure6
shall include:7
(aa) Separate meetings with the parents or legal guardians of the victim8
and the parents or legal guardians of the alleged perpetrator.9
(bb) Notification of parents or legal guardians of the victim and of the10
alleged perpetrator of the available potential consequences, penalties, and11
counseling options.12
(cc) In any case where a teacher, principal, or other school employee is13
authorized in this Section to require the parent or legal guardian of a student14
who is under the age of eighteen and not judicially emancipated or emancipated15
by marriage to attend a conference or meeting regarding the student's behavior16
and, after notice, the parent, tutor, or legal guardian willfully refuses to attend,17
that the principal or his designee shall file a complaint with a court exercising18
juvenile jurisdiction, pursuant to Children's Code Article 730(8) and 731. The19
principal may file a complaint pursuant to Children's Code Article 730(1) or20
any other applicable ground when, in his judgment, doing so is in the best21
interests of the student.22
(e) Disciplinary Action. If the school has received a report of bullying,23
has determined that an act of bullying has occurred, and after meeting with the24
parent or legal guardian of the students involved, the school official shall:25
(i) Take prompt and appropriate disciplinary action, pursuant to R.S.26
17:416 and 416.1, against the student that the school official determines has27
engaged in conduct which constitutes bullying, if appropriate.28
(ii) Report criminal conduct to law enforcement, if appropriate.29 SB NO. 764
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(f) Parental Relief. (i) If a parent, legal guardian, teacher, or other school1
official has made four or more reports of bullying, as provided in Paragraph (2)2
of this Subsection, and no investigation pursuant to Paragraph (3) of this3
Subsection has occurred, the parent or legal guardian with responsibility for4
decisions regarding the education of the student about whom the report or5
reports have been made may exercise an option to have the child enroll in or6
attend another school operated by the governing authority of the public7
elementary or secondary school in which the child was enrolled on the dates8
when at least three of the reports were submitted.9
(ii) The parent shall file a request with the superintendent for the10
transfer of the child to another school under the governing authority's11
jurisdiction.12
(iii) The governing authority of the public elementary or secondary13
school in which the child is enrolled shall make a seat available at another14
public elementary or secondary school under its jurisdiction within thirty15
calendar days of the parent or legal guardian's request for a transfer.16
(iv) If no seat is made available within thirty calendar days of the receipt17
by the superintendent of the request, the parent or legal guardian may request18
a hearing with the school's governing authority, which shall be public or private19
at the option of the parent or legal guardian. The school's governing authority20
shall grant the hearing at the next scheduled meeting or within sixty calendar21
days, whichever is sooner.22
(g) Documentation. (i) The state Department of Education shall develop23
a behavior incidence checklist that the governing authority of each public elementary24
and secondary school shall use to document the details of each reported incident of25
harassment, intimidation, and bullying , including cyberbullying.26
(b)(ii) The governing authority of each public elementary and secondary27
school shall report all such documented incidences of harassment, intimidation, and28
bullying, including cyberbullying, to the state Department of Education as29 SB NO. 764
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prescribed in rules adopted by the State Board of Elementary and Secondary1
Education in accordance with the Administrative Procedure Act and documented2
incidents in reports received by the local superintendent of schools pursuant to3
R.S. 17:415.4
(iii) After the investigation and meeting with the parents, pursuant to5
this Section, a school, local school board or other local school governing6
authority shall:7
(aa) Compose a written document containing the findings of the8
investigation, including input from the students' parents or legal guardian, and9
the decision by the school or school system official. The document shall be10
placed in the school records of both students.11
(bb) Promptly notify the complainant of the findings of the investigation12
and that remedial action has been taken, if such release of information does not13
violate the law.14
(cc) Keep complaints and investigative reports confidential, except as15
provided in this Section and where disclosure is required to be made pursuant16
to 20 U.S.C. 1232g or by other applicable federal laws, rules, or regulations or17
by state law.18
(dd) Maintain complaints and investigative reports for three years in the19
event that disclosure is warranted by law enforcement officials.20
(ee) As applicable, provide a copy of any reports and investigative21
documents to the governing authority of the school in order that the governing22
authority can comply with the provisions of R.S. 17:416.1.23
(ff) As applicable, provide a copy of any reports and investigative24
documents to the state Department of Education. Upon receipt, the department25
shall remove any reports related to the investigative documents from notation26
on the department's website, but shall maintain a record of those reports for27
three years.28
E. Parental Responsibilities. Nothing herein shall be deemed to interfere29 SB NO. 764
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with the authority and the responsibility that a parent or legal guardian has for1
the student at all times, but particularly when the student is not on the school2
premises, is not engaged in a school-sponsored function or school-sponsored3
activity, and is not being transported by school-sponsored means of4
transportation.5
F. This Section shall not be interpreted to conflict with or supercede the6
provisions requiring mandatory reporting pursuant to Louisiana Children's7
Code Article 609 and as enforced through R.S. 14:403.8
G. Preclusion. (1) This Section shall not be interpreted to prevent a9
victim of bullying, or his parent or legal guardian, from seeking redress under10
any other available law, either civil or criminal.11
(2) Nothing in this Section is intended to infringe upon the right of a12
school employee or student to exercise their right of free speech.13
H. Construction; equal protection. All students subject to the provisions14
of this Section shall be protected equally and without regard to the subject15
matter or the motivating animus of the bullying.16
* * *17
§416.20. Student conduct standards; awareness and understanding by students;18
required orientation; guidelines19
A. In addition to any other requirements established by law, rule, or20
regulation relative to student discipline and conduct and beginning with the21
2008-2009 school year and continuing thereafter, the governing authority of a public22
elementary or secondary school shall require that every student be provided an23
orientation during the first five days of each school year regarding school24
disciplinary rules and provisions of the code of student conduct applicable to such25
students, including but not limited to the policy on bullying as provided in R.S.26
17:416.13. Orientation instruction shall be provided by the school principal or his27
designees and shall include but not be limited to consequences for failing to comply28
with such school disciplinary rules and code requirements, including suspension,29 SB NO. 764
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expulsion, the possibility of suspension of a student's driver's license for one1
year as provided in R.S. 17:416.1, and the possible criminal consequences of2
violent acts committed on school property, at a school-sponsored function, or3
in a firearm-free zone. The orientation also shall clearly communicate to students4
the rights afforded teachers pursuant to R.S. 17:416.18 and other applicable law5
relative to the discipline of students.6
* * *7
§3996. Charter schools; exemptions; requirements8
* * *9
B. Notwithstanding any state law, rule, or regulation to the contrary and10
except as may be otherwise specifically provided for in an approved charter, a11
charter school established and operated in accordance with the provisions of this12
Chapter and its approved charter and the school's officers and employees shall be13
exempt from all statutory mandates or other statutory requirements that are14
applicable to public schools and to public school officers and employees except for15
the following laws otherwise applicable to public schools with the same grades:16
* * *17
(30) Procedures on bullying pursuant to R.S. 17:416.13.18
Section 3. The legislature finds all of the following:19
(1) According to Article VIII, Section 1 of the Constitution of Louisiana, it is the20
role of the legislature to provide for the education of the people of this state and to establish21
and maintain a public education system.22
(2) A safe and civil environment in school is necessary for students to learn and23
achieve high academic success. Bullying and other disruptive or violent behavior is conduct24
that disrupts both a student's ability to learn and a school's ability to educate its students.25
Section 4. The purpose of this Act is to insure that all school districts have and26
maintain a uniform policy to provide equal protection, for all Louisiana public school27
children, against bullying.28
Section 5. This Act shall be known as the "Tesa Middlebrook Anti-Bullying Act."29 SB NO. 764
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words in boldface type and underscored are additions.
Section 6. R.S. 17:416.14 is hereby repealed in its entirety.1
Section 7. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy R. Wells.
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 employee s, including bus drivers, with respect to bullying each year which
specifically addresses:
1. How to recognize the behaviors defined as bullying.
2. How to identify students at each grade level in the employee's school who are most
likely to become victims of bullying, while not excluding any child from protection
from bullying.
3. How to use appropriate intervention and remediation techniques and procedures.
4. The procedures by which incidents of bullying are to be reported to school officials.
Defines bullying as:
1. A 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, or spreading SB NO. 764
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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, computer, or other electronic device.
(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. (a)Where the pattern of behavior is exhibited toward a student, more than once,
by another student or group of students and occurs, or is received by, a
student while 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.
(b)The pattern of behavior must have the effect of physically harming a student,
placing the student in reasonable fear of physical harm, damaging a student's
property, placing the student in reasonable fear of damage to the student's
property, or must be sufficiently severe, persistent, and pervasive enough to
either create an intimidating or threatening educational environment, have
the effect of substantially interfering with a student's performance in school,
or 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, Parents, and Legal Guardians
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 SB NO. 764
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
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)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Clarifies the definition of bullying.
2. Provides more specificity to the required four-hour training program for
school employees and bus drivers with respect to bullying.
3. Technical amendments.