SLS 14RS-862 ORIGINAL Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 SENATE BILL NO. 652 BY SENATOR GUILLORY STUDENTS. Provides for the Classroom Protection Act. (gov sig) AN ACT1 To enact R.S. 17:416.22, relative to teachers and classroom discipline; to provide for2 circumstances under which a teacher may have a student removed from the3 classroom; to provide for the role of law enforcement agencies; to provide for4 parental notification; to provide relative to referral for counseling and other services;5 to provide for student placement in an alternative educational setting; and to provide6 for related matters.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 17:416.22 is hereby enacted to read as follows:9 ยง416.22. Classroom Protection Act10 A. This Section shall be known and may be cited as the "Classroom11 Protection Act".12 B.(1)(a) Notwithstanding any other provision of law to the contrary,13 including R.S. 17:416 through 416.20, a classroom teacher who is in reasonable14 apprehension that he or a student in his classroom is in danger of receiving a15 battery or other form of imminent physical harm from a student may contact16 law enforcement and have the student removed immediately from the classroom17 SB NO. 652 SLS 14RS-862 ORIGINAL Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. and placed in the custody of the appropriate law enforcement agency.1 (b) The student's parents or other legal guardian shall be given oral2 notification as soon as practicable after the student's removal from the3 classroom.4 (2)(a) Upon the first removal from the classroom pursuant to the5 provisions of this Section, the student and his parents or other legal guardian6 shall be referred to the appropriate local or state agency for evaluation and7 counseling, including such services as may be provided through informal family8 services as provided pursuant to Chapter 5 of Title VII of the Louisiana9 Children's Code.10 (b) The student so removed shall not be readmitted to the class without11 the permission of the teacher initiating the disciplinary action.12 (c) The student shall be assigned school work missed while he is absent13 from the classroom and shall receive credit for school work if it is completed14 satisfactorily and timely as determined by the student's teacher.15 (3)(a) Upon the second removal from the same classroom pursuant to16 the provisions of this Section, the student shall not be readmitted to the class17 from which he was removed and shall be placed in an alternative educational18 program.19 (b) The student and his parents or other legal guardian shall be referred20 to the court of competent jurisdiction for families in need of services as21 provided in Chapter 2 of Title VII of the Louisiana Children's Code.22 C. A student or someone who is not a student who retaliates against a23 teacher who invokes his rights under the provisions of this Section shall be24 subject to the appropriate criminal penalty, including R.S. 14:34.3 and 38.2.25 Section 2. This Act shall become effective upon signature by the governor or, if not26 signed by the governor, upon expiration of the time for bills to become law without signature27 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28 vetoed by the governor and subsequently approved by the legislature, this Act shall become29 SB NO. 652 SLS 14RS-862 ORIGINAL Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. effective on the day following such approval.1 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Jeanne C. Johnston. DIGEST Guillory (SB 652) Proposed law provides for the "Classroom Protection Act" as follows: (1)Provides that notwithstanding any provision of present law, a classroom teacher who is in reasonable apprehension that he or a student in his classroom is in danger of receiving a battery or other form of imminent physical harm from a student may contact law enforcement and have the student removed immediately from the classroom and placed in the custody of the appropriate law enforcement agency. (2)Provides that the student's parents or other legal guardian shall be given oral notification as soon as practicable after the student's removal from the classroom. (3)Provides that upon the first removal from the classroom pursuant to the provisions of proposed law: (a)The student and his parents or other legal guardian shall be referred to the appropriate local or state agency for evaluation and counseling, including such services as may be provided through informal family services as provided pursuant to Chapter 5 of Title VII of the Louisiana Children's Code. (b)The student shall not be readmitted to the class without the permission of the teacher initiating the disciplinary action. (c)The student shall be assigned school work missed while he is absent from the classroom and shall receive credit for school work if it is completed satisfactorily and timely as determined by the student's teacher. (4)Provides that upon the second removal from the classroom pursuant to the provisions of proposed law: (a)The student shall not be readmitted to the class from which he was removed and shall be placed in an alternative educational program. (b)The student and his parents or other legal guardian shall be referred to the court of competent jurisdiction for families in need of services as provided in Chapter 2 of Title VII of the Louisiana Children's Code. (5)Provides that a student or someone who is not a student who retaliates against a teacher who invokes his rights under the provisions of proposed law shall be subject to the appropriate criminal penalty provided in present law, including the penalties provided for assault and for battery of a school teacher. Effective upon signature of the governor or lapse of time for gubernatorial action. (Adds R.S. 17:416.22)