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Regular Session, 2012 ENROLLED
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, MARTINY, MURRAY,
NEVERS, PERRY, RISER, TARVER, THOMPSON, WAL SWORTH
AND WHITE AND REPRESENTATIVES SCHRODER, BADON,
BARRAS, BARROW, BILLIOT, WESLEY BISHOP, BROADWATER,
BROSSETT, BROWN, TIM BURNS, BURREL L, CARTER,
CHAMPAGNE, CHANEY, DANAHAY, FOI L, GISCLAIR,
GUILLORY, HARRIS, HARRISON, HENRY, HENSGENS, HILL,
HOFFMANN, HOLLIS, HOWARD, GIROD JACKSON, NANCY
LANDRY, LIGI, MORENO, JAY MORRIS, JIM MORRIS, PIERRE,
PYLANT, REYNOLDS, RITCHIE, SEABAUGH, ST. GERMAIN,
PATRICK WILLIAMS AND WILLMOTT
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
superintendent of education, prior to receiving their monthly salaries. Each principal18
of a school shall make to the parish local superintendent of schools such reports as19
may be required, including but not limited to the disciplinary reports required20
in R.S. 17:416(A)(4). If any principal wilfully neglects or fails to do this, the parish21
ACT No. 861 SB NO. 764 ENROLLED
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local superintendent of schools may withhold the salary due until the report is1
satisfactorily made.2
§416. Discipline of pupils students; suspension; expulsion3
A.(1)(a) Every teacher and other school employee shall endeavor to hold4
every pupil student to a strict accountability for any disorderly conduct in school or5
on the playgrounds of the school, on the street or road while going to or returning6
from school, on any school bus, or during intermission or recess, or at any school-7
sponsored activity or function.8
(b)(i) Each teacher may take disciplinary action to correct a pupil student9
who disrupts normal classroom activities, who is disrespectful to a teacher, who10
willfully disobeys a teacher, who uses abusive or foul language directed at a teacher11
or another pupil student, who engages in bullying, who violates school rules, or12
who interferes with an orderly education process.13
(ii) In addition to those procedures set forth in R.S. 17:416.13 regarding14
bullying, Disciplinary disciplinary action may include but is not limited to:15
* * *16
(c)(i) When a pupil's student's behavior prevents the orderly instruction of17
other pupils students or poses an immediate threat to the safety or physical well18
being of any pupil student or teacher, when a pupil student exhibits disrespectful19
behavior toward the teacher such as using foul or abusive language or gestures20
directed at or threatening a pupil student or a teacher, when a pupil student violates21
the school's code of conduct, or when a pupil student exhibits other disruptive,22
dangerous, or unruly behavior, including inappropriate physical contact,23
inappropriate verbal conduct, sexual or other harassment, bullying, throwing objects,24
inciting other pupils students to misbehave, or destroying property, the teacher may25
have the pupil student immediately removed from his classroom and placed in the26
custody of the principal or his designee. A pupil student removed from the27
classroom pursuant to this Subparagraph shall be assigned school work missed and28
shall receive either partial or full credit for such work if it is completed satisfactorily29
and timely as determined by the principal or his designee, upon the recommendation30 SB NO. 764 ENROLLED
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of the pupil's student's teacher; however, the teacher shall not be required to1
interrupt class instruction time to prepare any such assignment.2
(ii) * * *3
(dd) The principal or designee shall follow all procedures set forth in4
R.S. 17:416.13 regarding bullying.5
* * *6
(2) As used in this Section:7
* * *8
(d) "Bullying" is defined in R.S. 17:416.13.9
(3)(a) A school principal may suspend from school or suspend from riding10
on any school bus any pupil student who:11
* * *12
(xvii) Has engaged in bullying.13
(xviii) Commits any other serious offense.14
* * *15
(4) By not later than January 1, 1998, The governing authority of each city16
and parish public elementary and secondary school board shall adopt such rules17
and regulations as it deems necessary to implement the provisions of this Subsection18
and of R.S. 17:416.13. Such rules and regulations shall include but not be limited19
to the following provisions:20
(a) * * *21
(i) * * *22
(ee) A menu of check-off items to indicate the nature of the incident,23
including fighting or bullying at the bus stop, fighting or bullying on the bus,24
smoking on the bus, leaving the bus without permission, boarding the bus at the25
incorrect stop, showing disrespect toward the driver, committing an immoral or26
vicious act, throwing objects within the bus or out of bus windows or doors, refusing27
to occupy an assigned seat, using profane language, showing willful disobedience,28
defacing the bus, carrying objects or implements which can be used as weapons, or29
committing some other undesignated violation.30 SB NO. 764 ENROLLED
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* * *1
(b) Procedures implementing the provisions of R.S. 17:416.13 regarding2
bullying.3
(c) A procedure requiring that, within a reasonable period of time, a principal4
shall review any such report and then act upon it as provided by this Section, or R.S.5
17:416.13, or explain the reasons for failing to act to the local superintendent of6
schools or his designee and to the teacher, or other school employee , student,7
parent, or legal guardian reporting the violation.8
* * *9
§416.4. Civil liability; legal defense and indemnification of all public school10
employees11
* * *12
C. Nothing in this Section shall require a school board to indemnify an13
employee against a judgment wherein there is a specific decree in the judgment that14
the action of the employee was maliciously, willfully, and deliberately intended to15
cause bodily harm or to harass or intimidate the student or where there is a specific16
decree in the judgment that the employee purposefully or with gross disregard17
of the facts ignored the complaints of the student, or the student's parent or18
guardian, that the student was being bullied and the bullying led to the physical19
harm or death of the student.20
* * *21
§416.13. Student code of conduct; requirement; harassment, intimidation, and22
bullying; prohibition; exemptions notice; reporting; accountability23
A. Code of Conduct. By not later than August 1, 1999, The governing24
authority of each city, parish and other local public elementary and secondary25
school board shall adopt a student code of conduct for the students in its school26
system the schools under its jurisdiction. Such The code of conduct shall be in27
compliance with all existing rules, regulations, and policies of the school board and28
of the State Board of Elementary and Secondary Education and all state laws relative29
to student discipline and shall include any necessary disciplinary action to be taken30 SB NO. 764 ENROLLED
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against any student who violates the code of conduct.1
B.(1) Bullying Policy. By not later than August 1, 2001, The governing2
authority of each city, parish, and other local public elementary and secondary3
school board shall adopt, and incorporate into the student code of conduct, as4
provided in this Section a policy prohibiting the harassment, intimidation, and5
bullying of a student by another student, which includes the definition of bullying6
as provided in Subsection C of this Section. This policy must be implemented7
in a manner that is ongoing throughout the school year and integrated with a8
school's curriculum, a school's discipline policies, and other violence prevention9
efforts.10
(2) For purposes of this Subsection, the terms "harassment", "intimidation",11
and "bullying" shall mean any intentional gesture or written, verbal, or physical act12
that:13
(a) A reasonable person under the circumstances should know will have the14
effect of harming a student or damaging his property or placing a student in15
reasonable fear of harm to his life or person or damage to his property; and16
(b) Is so severe, persistent, or pervasive that it creates an intimidating,17
threatening, or abusive educational environment for a student.18
(3) Any student, school employee, or school volunteer who in good faith19
reports an incident of harassment, intimidation, or bullying to the appropriate school20
official in accordance with the procedures established by local board policy shall be21
immune from a right of action for damages arising from any failure to remedy the22
reported incident.23
(4) The provisions of this Subsection shall not apply to the parishes of24
Livingston, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, and25
Tangipahoa.26
C.(1) By not later than January 1, 2011 2013, the governing authority of each27
public elementary and secondary school shall :28
(a) conduct Conduct a review of the student code of conduct required by this29
Section and amend such the code as may be necessary to assure that the policy30 SB NO. 764 ENROLLED
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prohibiting the harassment, intimidation, and bullying of a student by another student1
specifically addresses the nature, extent, causes, and consequences of behavior2
constituting cyberbullying, the effect the behavior has on others, including3
bystanders, and the disciplinary and criminal consequences, and includes the4
definition of bullying as provided in Subsection C of this Section.5
(b) Create a program to provide a minimum of four hours of training6
each year for all school employees, including bus drivers, with respect to7
bullying. The training shall specifically include the following:8
(i) How to recognize the behaviors defined as bullying in Subsection C9
of this Section.10
(ii) How to identify students at each grade level in the employee's school11
who are most likely to become victims of bullying, while not excluding any12
student from protection from bullying.13
(iii) How to use appropriate intervention and remediation techniques and14
procedures.15
(iv) The procedures by which incidents of bullying are to be reported to16
school officials.17
(v) Information on suicide prevention, including the relationship between18
suicide risk factors and bullying. This content shall be based on information19
supported by peer-reviewed research conducted in compliance with accepted20
scientific methods and recognized as accurate by leading professional21
organizations and agencies with relevant experience.22
(2) For the purposes of this Subsection, the term "cyberbullying" shall mean23
harassment, intimidation, or bullying of a student on school property by another24
student using a computer, mobile phone, or other interactive or digital technology25
or harassment, intimidation, or bullying of a student while off school property by26
another student using any such means when the action or actions are intended to have27
an effect on the student when the student is on school property.28
C. Definition of Bullying. "Bullying" means:29
(1) A pattern of any one or more of the following:30 SB NO. 764 ENROLLED
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(a) Gestures, including but not limited to obscene gestures and making1
faces.2
(b) Written, electronic, or verbal communications, including but not3
limited to calling names, threatening harm, taunting, malicious teasing, or4
spreading untrue rumors. Electronic communication includes but is not limited5
to a communication or image transmitted by email, instant message, text6
message, blog, or social networking website through the use of a telephone,7
mobile phone, pager, computer, or other electronic device.8
(c) Physical acts, including but not limited to hitting, kicking, pushing,9
tripping, choking, damaging personal property, or unauthorized use of personal10
property.11
(d) Repeatedly and purposefully shunning or excluding from activities.12
(2)(a) Where the pattern of behavior as provided in Paragraph (1) of this13
Subsection is exhibited toward a student, more than once, by another student14
or group of students and occurs, or is received by, a student while on school15
property, at a school-sponsored or school-related function or activity, in any16
school bus or van, at any designated school bus stop, in any other school or17
private vehicle used to transport students to and from schools, or any18
school-sponsored activity or event.19
(b) The pattern of behavior as provided in Paragraph (1) of this20
Subsection must have the effect of physically harming a student, placing the21
student in reasonable fear of physical harm, damaging a student's property,22
placing the student in reasonable fear of damage to the student's property, or23
must be sufficiently severe, persistent, and pervasive enough to either create an24
intimidating or threatening educational environment, have the effect of25
substantially interfering with a student's performance in school, or have the26
effect of substantially disrupting the orderly operation of the school.27
D. Prior to January 1, 2013, the State Board of Elementary and28
Secondary Education, in collaboration with the state Department of Education,29
shall develop and adopt rules and regulations to implement the provisions of30 SB NO. 764 ENROLLED
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this Section relative to the procedures and processes to be used to report and1
investigate bullying and which shall include but not be limited to:2
(1) Notice to Students and Parents. Beginning on January 1, 2011, and3
continuing thereafter, the The governing authority of each public elementary and4
secondary school shall inform each student, orally and in writing within ten days5
after enrolling in school at the orientation required under R.S. 17:416.20, of the6
prohibition against harassment, intimidation, and bullying, including cyberbullying,7
of a student by another student ;, the nature and consequences of such actions;,8
including the potential criminal consequences and loss of driver's license as9
provided in R.S. 17:416.1, and the proper process and procedure for reporting any10
incidents involving such prohibited actions. A copy of the written notice shall also11
be delivered to each student's parent or legal guardian.12
(2) Reporting. (a) By not later than January 1, 2011, the The governing13
authority of each public elementary and secondary school shall develop and adopt14
a policy establishing procedures for the investigation of reports of harassment,15
intimidation, and bullying, including cyberbullying, of a student by another student16
a procedure for the reporting of incidents of bullying. This shall include a form17
for the purposes of bullying reports. The form shall include an affirmation of18
truth of statement. Any bullying report submitted regardless of recipient shall19
use this form, but additional information may be provided. The form shall be20
available on the Department of Education's website.21
(b) Students and parents. Any student who believes that he has been, or22
is currently, the victim of bullying, or any student, or any parent or guardian,23
who witnesses bullying or has good reason to believe bullying is taking place,24
may report the situation to a school official. A student, or parent or guardian,25
may also report concerns regarding bullying to a teacher, counselor, other26
school employee, or to any parent chaperoning or supervising a school function27
or activity. Any report of bullying shall remain confidential.28
(c) School personnel. Any teacher, counselor, bus driver, or other school29
employee, whether full or part time, and any parent chaperoning or supervising30 SB NO. 764 ENROLLED
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a school function or activity, who witnesses bullying or who learns of bullying1
from a student pursuant to Subparagraph (b) of this Paragraph, shall report the2
incident to a school official. A verbal report shall be submitted by the school3
employee or the parent on the same day as the employee or parent witnessed or4
otherwise learned of the bullying incident and a written report shall be filed no5
later than two days thereafter.6
(d) Retaliation. Retaliation against any person who reports bullying in7
good faith, who is thought to have reported bullying, who files a complaint, or8
who otherwise participates in an investigation or inquiry concerning allegations9
of bullying is prohibited conduct and subject to discipline. School and district10
resources shall not be used to prohibit or dissuade any person who meets the11
specifications of this Item.12
(e) False Reports. Intentionally making false reports about bullying to13
school officials is prohibited conduct and will result in the appropriate14
disciplinary measures as determined by the governing authority of the school15
in accordance with the rules and regulations of the State Board of Elementary16
and Secondary Education.17
(3) Investigation Procedure. By not later than January 1, 2013, the State18
Board of Elementary and Secondary Education shall develop and adopt a19
procedure for the investigation of reports of bullying of a student by another20
student. The procedure shall include the following:21
(a) Scope of investigation. An investigation shall include an interview22
of the reporter, the victim, the alleged bully, and any witnesses, and shall23
include obtaining copies or photographs of any audio-visual evidence.24
(b) Timing. The school shall begin an investigation of any complaint25
that is properly reported and that alleges conduct prohibited in this Section the26
next business day during which school is in session after the report is received27
by the school official. The investigation shall be completed not later than ten28
school days after the date the written report of the incident is submitted to the29
appropriate school official. If additional information is received after the end30 SB NO. 764 ENROLLED
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of the ten-day period, the school principal or his designee shall amend all1
documents and reports required by this Section to reflect such information.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 student.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
student's parent or legal guardian according to the definition of notice created23
by 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, his29
parent or legal guardian shall be notified by the school official of the allegations30 SB NO. 764 ENROLLED
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made and shall have the opportunity to attend any interviews with their child1
conducted as part of the investigation.2
(iv) The State Board of Elementary and Secondary Education, in3
collaboration with the state Department of Education, shall develop a4
procedure for meetings with the parent or legal guardian of the victim and the5
parent or legal guardian of the alleged perpetrator. This procedure shall6
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
(f) Parental Relief. (i) If a parent, legal guardian, teacher, or other school30 SB NO. 764 ENROLLED
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official has made four or more reports of separate instances of bullying, as1
provided in Paragraph (2) of this Subsection, and no investigation pursuant to2
Paragraph (3) of this Subsection has occurred, the parent or legal guardian with3
responsibility for decisions regarding the education of the victim about whom4
the report or reports have been made may exercise an option to have the5
student enroll in or attend another school operated by the governing authority6
of the public elementary or secondary school in which the student was enrolled7
on the dates when at least three of the reports were submitted.8
(ii) The parent shall file a request with the superintendent for the9
transfer of the student to another school under the governing authority's10
jurisdiction.11
(iii) The governing authority of the public elementary or secondary12
school in which the student is enrolled shall make a seat available at another13
public elementary or secondary school under its jurisdiction within ten school14
days of the parent or legal guardian's request for a transfer. If the governing15
authority has no other school under its jurisdiction serving the grade level of the16
victim, within fifteen school days of receiving the request, the superintendent17
or director of the governing authority shall: 18
(aa) Inform the student and his parent or legal guardian and facilitate19
the student's enrollment in a statewide virtual school.20
(bb) Offer the student a placement in a full-time virtual program or21
virtual school under the jurisdiction of the school's governing authority.22
(cc) Enter into a memorandum of understanding with the superintendent23
or director of another governing authority to secure a placement and provide24
for the transfer of the student to a school serving the grade level of the victim25
under the jurisdiction of the governing authority, pursuant to R.S. 17:105 and26
105.1.27
(iv) If no seat or other placement pursuant to Item (iii) of this28
Subparagraph is made available within thirty calendar days of the receipt by29
the superintendent of the request, the parent or legal guardian may request a30 SB NO. 764 ENROLLED
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hearing with the school's governing authority, which shall be public or private1
at the option of the parent or legal guardian. The school's governing authority2
shall grant the hearing at the next scheduled meeting or within sixty calendar3
days, whichever is sooner.4
(v) At the end of any school year, the parent or legal guardian may make5
a request to the governing authority of the school at which the student was6
enrolled when at least three of the reports were filed to transfer the student7
back to the school. The governing authority shall make a seat available at the8
school at which the student was originally enrolled. No other schools shall9
qualify for transfer under this Subparagraph.10
(g) Documentation. (i) The state Department of Education shall develop11
a behavior incidence checklist that the governing authority of each public elementary12
and secondary school shall use to document the details of each reported incident of13
harassment, intimidation, and bullying , including cyberbullying.14
(b)(ii) The governing authority of each public elementary and secondary15
school shall report all such documented incidences of harassment, intimidation, and16
bullying, including cyberbullying, to the state Department of Education as17
prescribed in rules adopted by the State Board of Elementary and Secondary18
Education in accordance with the Administrative Procedure Act and documented19
incidents in reports received by the local superintendent of schools pursuant to20
R.S. 17:415.21
(iii) After the investigation and meeting with the parents, pursuant to22
this Section, a school, local school board or other local school governing23
authority shall:24
(aa) Compose a written document containing the findings of the25
investigation, including input from the students' parents or legal guardian, and26
the decision by the school or school system official. The document shall be27
placed in the school records of both students.28
(bb) Promptly notify the complainant of the findings of the investigation29
and that remedial action has been taken, if such release of information does not30 SB NO. 764 ENROLLED
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violate the law.1
(cc) Keep complaints and investigative reports confidential, except as2
provided in this Section and where disclosure is required to be made pursuant3
to 20 U.S.C. 1232g or by other applicable federal laws, rules, or regulations or4
by state law.5
(dd) Maintain complaints and investigative reports for three years in the6
event that disclosure is warranted by law enforcement officials.7
(ee) As applicable, provide a copy of any reports and investigative8
documents to the governing authority of the school in order that the governing9
authority can comply with the provisions of R.S. 17:416.1.10
(ff) As applicable, provide a copy of any reports and investigative11
documents to the state Department of Education. Upon receipt, the department12
shall remove any reports related to the investigative documents from notation13
on the department's website, but shall maintain a record of those reports for14
three years.15
E. Parental Responsibilities. Nothing herein shall be deemed to interfere16
with the authority and the responsibility that a parent or legal guardian has for17
the student at all times, but particularly when the student is not on the school18
premises, is not engaged in a school-sponsored function or school-sponsored19
activity, and is not being transported by school-sponsored means of20
transportation.21
F. This Section shall not be interpreted to conflict with or supercede the22
provisions requiring mandatory reporting pursuant to Louisiana Children's23
Code Article 609 and as enforced through R.S. 14:403.24
G. Preclusion. (1) This Section shall not be interpreted to prevent a25
victim of bullying, or his parent or legal guardian, from seeking redress under26
any other available law, either civil or criminal.27
(2) Nothing in this Section is intended to infringe upon the right of a28
school employee or student to exercise their right of free speech.29
H. Construction; equal protection. All students subject to the provisions30 SB NO. 764 ENROLLED
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of this Section shall be protected equally and without regard to the subject1
matter or the motivating animus of the bullying.2
* * *3
§416.20. Student conduct standards; awareness and understanding by students;4
required orientation; guidelines5
A. In addition to any other requirements established by law, rule, or6
regulation relative to student discipline and conduct and beginning with the7
2008-2009 school year and continuing thereafter, the governing authority of a public8
elementary or secondary school shall require that every student be provided an9
orientation during the first five days of each school year regarding school10
disciplinary rules and provisions of the code of student conduct applicable to such11
students, including but not limited to the policy on bullying as provided in R.S.12
17:416.13. Orientation instruction shall be provided by the school principal or his13
designees and shall include but not be limited to consequences for failing to comply14
with such school disciplinary rules and code requirements, including suspension,15
expulsion, the possibility of suspension of a student's driver's license for one16
year as provided in R.S. 17:416.1, and the possible criminal consequences of17
violent acts committed on school property, at a school-sponsored function, or18
in a firearm-free zone. The orientation also shall clearly communicate to students19
the rights afforded teachers pursuant to R.S. 17:416.18 and other applicable law20
relative to the discipline of students.21
* * *22
§3996. Charter schools; exemptions; requirements23
* * *24
B. Notwithstanding any state law, rule, or regulation to the contrary and25
except as may be otherwise specifically provided for in an approved charter, a26
charter school established and operated in accordance with the provisions of this27
Chapter and its approved charter and the school's officers and employees shall be28
exempt from all statutory mandates or other statutory requirements that are29
applicable to public schools and to public school officers and employees except for30 SB NO. 764 ENROLLED
Page 16 of 16
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the following laws otherwise applicable to public schools with the same grades:1
* * *2
(30) Procedures on bullying pursuant to R.S. 17:416.13.3
Section 3. The legislature finds all of the following:4
(1) According to Article VIII, Section 1 of the Constitution of Louisiana, it is the5
role of the legislature to provide for the education of the people of this state and to establish6
and maintain a public education system.7
(2) A safe and civil environment in school is necessary for students to learn and8
achieve high academic success. Bullying and other disruptive or violent behavior is conduct9
that disrupts both a student's ability to learn and a school's ability to educate its students.10
Section 4. The purpose of this Act is to ensure that all school districts have and11
maintain a uniform policy to provide equal protection, for all Louisiana public school12
students, against bullying.13
Section 5. This Act shall be known as the "Tesa Middlebrook Anti-Bullying Act."14
Section 6. R.S. 17:416.14 is hereby repealed in its entirety.15
Section 7. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: