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Regular Session, 2014
SENATE BILL NO. 370
BY SENATOR MORRELL
EDUCATION DEPARTMENT. Provides for the documentation, notification, and reporting
of incidents of bullying in schools, and provides for the training of certain school employees
with respect to bullying. (8/1/14)
AN ACT1
To amend and reenact R.S. 17:416.13(B), (D)(3)(d)(i) and (g), and (H), relative to bullying2
policies; to provide for annual reporting by the Department of Education; to provide3
for training of certain school employees with respect to bullying; to provide with4
respect to parental notification of bullying incidents; to provide for documentation5
of bullying incidents by certain school personnel; to provide for reporting6
requirements; to provide confidentiality requirements; to provide for the preservation7
of privacy rights of certain individuals; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:416.13(B), (D)(3)(d)(i) and (g), and (H) are hereby amended and10
reenacted to read as follows:11
ยง416.13. Student code of conduct; requirement; bullying; prohibition; notice;12
reporting; accountability13
* * *14
B. Bullying Policy. (1) The governing authority of each public elementary15
and secondary school shall adopt, and incorporate into the student code of conduct,16
a policy prohibiting the bullying of a student by another student, which includes the17 SB NO. 370
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definition of bullying as provided in Subsection C of this Section. This policy must1
be implemented in a manner that is ongoing throughout the school year and2
integrated with a school's curriculum, a school's discipline policies, and other3
violence prevention efforts.4
(2) The governing authority of each public elementary and secondary school5
shall:6
(a) Conduct a review of the student code of conduct required by this Section7
and amend the code as may be necessary to assure that the policy prohibiting the8
bullying of a student by another student specifically addresses the behavior9
constituting bullying, the effect the behavior has on others, including bystanders, and10
the disciplinary and criminal consequences, and includes the definition of bullying11
as provided in Subsection C of this Section.12
(b) Create a program to provide a minimum of four hours of training for new13
employees who have contact with students and two hours of training each year for14
all school employees who have contact with students, including bus drivers, with15
respect to bullying. The training shall specifically include the following:16
(i) How to recognize the behaviors defined as bullying in Subsection C of17
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 student20
from protection from bullying. Annual data reported by the state Department of21
Education pursuant to Subsection D of this Section shall be used to provide22
school employees with information about bullying issues specific to their school23
site.24
(iii) How to use appropriate intervention and remediation techniques and25
procedures and how to implement an age and developmentally appropriate26
prevention curriculum.27
(iv) Internet safety and cyberbullying issues.28
(v) The procedures by which incidents of bullying are to be reported to29 SB NO. 370
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school officials.1
(v)(vi) Information on suicide prevention, including the relationship between2
suicide risk factors and bullying. This content shall be based on information3
supported by peer-reviewed research conducted in compliance with accepted4
scientific methods and recognized as accurate by leading professional organizations5
and agencies with relevant experience.6
* * *7
D. The State Board of Elementary and Secondary Education, in collaboration8
with the state Department of Education, shall develop and adopt rules and9
regulations to implement the provisions of this Section relative to the procedures and10
processes to be used to report and investigate bullying and which shall include but11
not be limited to:12
* * *13
(3) Investigation Procedure. The State Board of Elementary and Secondary14
Education shall develop and adopt a procedure for the investigation of reports of15
bullying of a student by another student. The procedure shall include the following:16
* * *17
(d) Parental Notification.18
(i) Upon receiving a report of bullying, the school official shall notify the19
student's parent or legal guardian according to the definition of notice created by the20
state Department of Education; however, the principal may exercise discretion as21
to the nature of the notification provided to a student's parent or legal guardian22
if he determines, upon careful deliberation of the circumstances and individuals23
involved, that parental notification may result in the physical or emotional24
harm of the victim of bullying. Prior to notification of any parent, legal25
guardian, or student regarding any incident of bullying, school officials must26
consider the issue of notification as they would any other educationally relevant27
decision, considering the age, health, well-being, safety, and privacy of any28
students involved in the incident. Once an investigation is concluded, the school29 SB NO. 370
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shall take further steps as needed to ensure the continued safety of the victim.1
* * *2
(g) Documentation. (i) The governing authority of each public3
elementary and secondary school shall collect, if applicable, information about4
reported incidents of bullying. This information shall be recorded by the school5
personnel submitting written reports of bullying and shall include but not be6
limited to the following:7
(aa) Names of the victim, the bully, and any witness and reliable contact8
information for each.9
(bb) Relevant information about the victim, the bully, and any witnesses10
including connection of the victim, the bully, and any witness to the incident.11
(cc) The location and time of the incident, whether adult supervision was12
in place, and the names of school staff members who were witnesses to the13
incident, if applicable.14
(dd) Any other relevant information required to be collected by state or15
federal education authorities, including but not limited to the biennial United16
States Department of Education Civil Rights Data Collection survey.17
(ii) The state Department of Education shall develop a behavior incidence18
checklist that the governing authority of each public elementary and secondary19
school shall use to document the details of each reported incident of bullying.20
(ii)(iii) The governing authority of each public elementary and secondary21
school shall report all such documented incidences of bullying to the state22
Department of Education as prescribed in rules adopted by the State Board of23
Elementary and Secondary Education in accordance with the Administrative24
Procedure Act and documented incidents in reports received by the local25
superintendent of schools pursuant to R.S. 17:415.26
(iv) Beginning with the 2015-2016 school year and continuing annually27
thereafter, the state Department of Education shall publish reports including28
school- and district-level statistics regarding bullying incidents based on the29 SB NO. 370
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data reported by the governing authority of each public elementary and1
secondary school pursuant to items (aa) through (dd) of this Subparagraph. To2
ensure confidentiality, published reports based on this data shall not include3
identifying information about individual students involved in a bullying4
incident, and data shall be reported only in the aggregate.5
(iii)(v) After the investigation and meeting with the parents, pursuant to this6
Section, a school, local school board or other local school governing authority shall:7
(aa) Compose a written document containing the findings of the8
investigation, including input from the students' parents or legal guardian, and the9
decision by the school or school system official. The document shall be placed in the10
school records of both students.11
(bb) Promptly notify the complainant of the findings of the investigation and12
that remedial action has been taken, if such release of information does not violate13
the law.14
(cc) Keep complaints and investigative reports confidential, except as15
provided in this Section and where disclosure is required to be made pursuant to 2016
U.S.C. 1232g or by other applicable federal laws, rules, or regulations or by state17
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 investigative documents24
to the state Department of Education. Upon receipt, the department shall remove any25
reports related to the investigative documents from notation on the department's26
website, but shall maintain a record of those reports for three years.27
* * *28
H. Construction; equal protection. All students subject to the provisions of29 SB NO. 370
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this Section shall be protected equally and without regard to the subject matter or the1
motivating animus of the bullying. No provision of this Section shall be construed2
to prevent the collection and reporting of educationally relevant data regarding3
bullying incidents provided that such reporting does not violate the equal4
protection or privacy rights of students or school personnel.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Nancy Vicknair.
DIGEST
Morrell (SB 370)
Present law requires the governing authority of each public elementary and secondary school
to create a training program for school employees with respect to bullying. Requires such
training to include how to identify students at each grade level who are most likely to
become victims of bullying while not excluding any student from protection from bullying.
Proposed law retains present law and requires the department to provide school employees
with annual data regarding bullying incidents specific to their school site.
Present law requires such training to include how to use appropriate intervention and
remediation techniques and procedures.
Proposed law retains present law and requires the training to include how to implement an
age and developmentally appropriate prevention curriculum, Internet safety and
cyberbullying issues.
Present law requires school officials to notify a student's parent or legal guardian upon
receiving a report of bullying.
Proposed law retains present law and authorizes a principal to use his discretion regarding
such notification if he determines it may result in physical or emotional harm to a victim of
bullying. Requires school officials to consider the age, health, well-being, safety, and
privacy of any students involved in a bullying incident prior to notifying the parent or legal
guardian of any student involved in such incident. Requires school officials to ensure the
continued safety of the victim once an investigation has been concluded.
Proposed law requires the governing authority of each public elementary and secondary
school to collect, if applicable, information about reported incidents of bullying and requires
such information to be recorded by the school personnel submitting written reports of
bullying. Requires the information collected to include:
(1) Names of the victim, the bully, and any witness and reliable contact information for
each.
(2)Relevant information about the victim, the bully, and any witnesses including
connection of the victim, the bully, and any witness to the incident.
(3)The location and time of the incident, whether adult supervision was in place, and
the names of school staff members who were witnesses to the incident, if applicable.
(4)Any other relevant information required to be collected by state or federal education
authorities, including but not limited to the biennial United States Department of SB NO. 370
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Education Civil Rights Data Collection survey.
Proposed law provides that beginning with the 2015-2016 school year and continuing
annually thereafter, the department is required to publish reports including school- and
district-level statistics regarding bullying incidents based on the data reported by the
governing authority of each public elementary and secondary school pursuant to proposed
law. Prohibits such published reports from including identifying information about students
involved in a bullying incident in order to ensure confidentiality. Requires the data to be
reported only in the aggregate.
Present law requires equal protection of all students without regard to the subject matter or
the motivating animus of the bullying. Proposed law provides that no provision of proposed
law be construed to prevent the collection and reporting of educationally relevant data
regarding bullying incidents provided that such reporting does not violate the equal
protection or privacy rights of students or school personnel.
Effective August 1, 2014.
(Amends R.S. 17:416.13(B), (D)(3)(d)(i) and (g), and (H))