HLS 13RS-408 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 89
BY REPRESENTATIVE HOFFMANN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENTS: Provides relative to the use of seclusion and physical restraint to address the
behavior of certain students
AN ACT1
To amend and reenact R.S. 17:7(5)(b) and 416.21(M)(2), relative to student behavior; to2
provide relative to the use of seclusion and physical restraint in response to the3
behavior of students with exceptionalities; to except certain students with4
exceptionalities from the applicability of certain requirements with respect to the use5
of seclusion and restraint; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:7(5)(b) and 416.21(M)(2) are hereby amended and reenacted to8
read as follows: 9
§7. Duties, functions, and responsibilities of board10
In addition to the authorities granted by R.S. 17:6 and any powers, duties, and11
responsibilities vested by any other applicable laws, the board shall:12
* * *13
(5)14
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(b)(i) Prepare and adopt rules and guidelines for the appropriate use of16
seclusion, physical restraint, and mechanical restraint of students with17
exceptionalities as defined in R.S. 17:1942, in accordance with the Administrative18
Procedure Act.19 HLS 13RS-408 REENGROSSED
HB NO. 89
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(ii) The rules and guidelines adopted pursuant to Item (i) of this1
Subparagraph shall not be applicable to a student who has been deemed to be gifted2
or talented unless the student has been identified as also having a disability.3
* * *4
§416.21. Behavior of students with exceptionalities; use of seclusion and physical5
restraint6
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M.8
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(2)(a) These guidelines and procedures shall be provided to all school10
employees and every parent of a child student with an exceptionality.11
(b) The provisions of Subparagraph (a) of this Paragraph shall not be12
applicable to the parent of a student who has been deemed to be gifted or talented13
unless the student has been identified as also having a disability.14
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 89
Abstract: Excepts a student deemed to be gifted or talented from certain provisions relative
to the use of seclusion and restraint unless he has been dually identified as also
having a disability.
Present law requires the State Board of Elementary and Secondary Education (BESE) to
prepare and adopt rules and guidelines for the appropriate use of seclusion, physical
restraint, and mechanical restraint of students with exceptionalities as defined in present law
(R.S. 17:1942):
A "student with an exceptionality", including a student with a disability, is any
student who is evaluated according to state and federal regulation or policy and is
deemed to have a mental disability, hearing impairment (including deafness),
multiple disabilities, deaf-blindness, speech or language impairment, visual
impairment (including blindness), emotional disturbance, orthopedic impairment,
other health impairment, specific learning disability, traumatic brain injury, autism,
or as deemed to be gifted or talented, and as a result requires special education and
related services. A student with an exceptionality may include, as determined by the
local education agency, a student experiencing developmental delay ages three
through eight. HLS 13RS-408 REENGROSSED
HB NO. 89
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law further requires the governing authority of each public elementary and secondary
school:
(1)To adopt written guidelines and procedures regarding the use of seclusion and
physical restraint.
(2)To provide these written guidelines and procedures to all school employees and to
every parent of a child with an exceptionality.
Proposed law provides that present law, relative both to BESE's preparation and adoption
of such rules and guidelines and public school governing authorities' provision of such
guidelines and procedures to parents, shall not be applicable to a student who has been
deemed to be gifted or talented unless he has been identified as also having a disability.
(Amends R.S. 17:7(5)(b) and 416.21(M)(2))