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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
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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 within one hour after the student's removal from the classroom.3
(2)(a) Upon the first removal from the classroom pursuant to the4
provisions of this Section, the student and his parents or other legal guardian5
shall be referred to the appropriate local or state agency for evaluation and6
counseling, including such services as may be provided through informal family7
services as provided pursuant to Chapter 5 of Title VII of the Louisiana8
Children's Code.9
(b) Within three school days after the student has been removed from the10
classroom pursuant to this Section, a court hearing shall be held in a venue11
determined pursuant to Article 729.1 of the Louisiana Children's Code to12
determine whether the student shall continue to be excluded from a classroom13
setting and the appropriate educational setting for the student. The court shall14
give notice of the date and time of the hearing to the student, the student's15
parents or other legal guardian, and the classroom teacher who initiated the16
student's removal from the classroom.17
(c) The court may also order the student and his parents or other legal18
guardian to participate in services available through the state's Coordinated19
System of Care.20
(d) The student shall not be readmitted to the classroom from which he21
was removed without the permission of the teacher initiating the disciplinary22
action.23
(e) The student shall be assigned school work missed while he is absent24
from the classroom and shall receive credit for school work if it is completed25
satisfactorily and timely as determined by the student's teacher.26
(3)(a) Upon the second removal from the same classroom pursuant to27
the provisions of this Section, the student shall not be readmitted to the school28
from which he was removed and shall be placed in an alternative educational29 SB NO. 652
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program.1
(b) The student and his parents or other legal guardian shall be referred2
to the court of competent jurisdiction for families in need of services as3
provided in Chapter 2 of Title VII of the Louisiana Children's Code.4
C. A student or someone who is not a student who retaliates against a5
teacher who invokes his rights under the provisions of this Section shall be6
subject to the appropriate criminal penalty, including R.S. 14:34.3 and 38.2.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
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 SB NO. 652
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words in boldface type and underscored are additions.
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.