The original instrument was prepared by Jeanne Johnston. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Alan Miller.
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
within one hour 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)Within three school days after the student has been removed from the classroom
pursuant to this Section, a court hearing shall be held in a venue determined
pursuant to Article 729.1 of the Louisiana Children's Code to determine whether
the student shall continue to be excluded from a classroom setting and the
appropriate educational setting for the student. The court shall give notice of the
date and time of the hearing to the student, the student's parents or other legal
guardian, and the classroom teacher who initiated the student's removal from the
classroom.
(c)The court may also order the student and his parents or other legal guardian to
participate in services available through the state's Coordinated System of Care.
(d)The student shall not be readmitted to the classroom for which he was removed
without the permission of the teacher initiating the disciplinary action.
(e)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 school 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original bill
1. Changes time for parental notification from "as soon as practicable" to "within
one hour".
2. Adds requirement that within three school days after the student has been
removed from the classroom that a court hearing be held in order to determine
whether the student shall continue to be excluded from a classroom setting and the
appropriate educational setting for the student. Further requires that the court give
notice of the date and time of the hearing to the student, the student's parents or
other legal guardian, and the classroom teacher who initiated the student's removal
from the classroom.
3. Provides that the court may also order the student and his parents or other legal
guardian to participate in services available through the state's Coordinated
System of Care.
4. Upon a second offense, the student shall not be readmitted to the school rather
than the class.
5. Technical.