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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
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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
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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)