ENROLLED
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ACT No. 1
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.
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
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(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
(ii) The rules and guidelines adopted pursuant to Item (i) of this20
Subparagraph shall not be applicable to a student who has been deemed to be gifted21
or talented unless the student has been identified as also having a disability.22
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§416.21. Behavior of students with exceptionalities; use of seclusion and physical1
restraint2
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M.4
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(2)(a) These guidelines and procedures shall be provided to all school6
employees and every parent of a child student with an exceptionality.7
(b) The provisions of Subparagraph (a) of this Paragraph shall not be8
applicable to the parent of a student who has been deemed to be gifted or talented9
unless the student has been identified as also having a disability.10
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: