HLS 16RS-378 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 862
BY REPRESENTATIVE FALCONER
LIABILITY/CIVIL: Provides relative to the liability of certain persons for the actions of
persons with developmental disabilities
1 AN ACT
2To enact R.S. 9:2800.23, relative to liability for damages caused by persons with
3 developmental disabilities; to provide a limitation of liability for parents, tutors, and
4 curators; to provide conditions upon which the limitation of liability is contingent;
5 to provide for exceptions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2800.23 is hereby enacted to read as follows:
8 ยง2800.23. Limitation of liability for damages caused by persons with developmental
9 disabilities
10 A. Notwithstanding the provisions of Civil Code Articles 225, 2317, or
11 2318, a parent, tutor, or curator of a student with developmental disabilities shall not
12 be liable for any damage, injury, or loss caused by that student when all of the
13 following conditions exist at the time the injury or loss occurred:
14 (1) The school developed and implemented a behavioral intervention plan
15 as part of an Individualized Education Program pursuant to the Individuals with
16 Disabilities Education Improvement Act of 2004.
17 (2) The parent, tutor, or curator of the student signed the Individualized
18 Education Program.
19 (3) The parent, tutor, or curator relinquished physical care, custody, and
20 control of the student to the school.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 862
1 (4) The parent, tutor, or curator was not present or exercising any physical
2 care, custody, or control over the student at the school or school-sanctioned event.
3 B. The limitation of liability provided by this Section shall not be applicable
4 if the damage, injury, or loss was caused by the negligence of the parent, tutor or
5 curator.
6 C. The provisions of this Section shall apply only to actions for the recovery
7 of damages, injury, or loss sustained by an employee of the school which developed
8 and implemented the behavioral intervention plan as provided by Paragraph (A)(1)
9 of this Section and where the damages, injury, or loss sustained was caused by a
10 violation of the behavioral intervention plan by an employee of the school.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 862 Reengrossed 2016 Regular Session Falconer
Abstract: Provides a limitation of liability for a parent, tutor, or curator of a student with
developmental disabilities when the care, custody, and control of the student has
been relinquished to the school.
Proposed law provides a limitation of liability for a parent, tutor, or curator of a student with
developmental disabilities which is contingent on all the following factors existing at the
time of the injury or loss:
(1)The school developed and implemented a behavioral intervention plan as part of an
Individualized Education Program pursuant to the Individuals with Disabilities
Education Improvement Act of 2004.
(2)The parent, tutor, or curator of the student signed the IEP.
(3)The parent, tutor, or curator relinquished physical care, custody, and control of the
student to the school.
(4)The parent, tutor, or curator was not present or exercising any physical care, custody,
or control over the student at the school or school sanctioned event.
Provides that proposed law shall not apply if the damage, injury, or loss was caused by the
negligence of the parent, tutor, or curator and that the damage, injury, or loss must have been
caused by a violation of the behavioral intervention plan by an employee of the school.
(Adds R.S. 9:2800.23)
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HB NO. 862
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Amends the exception to the proposed law limitation of liability from acts of
gross negligence to acts of negligence by the parent, tutor, or curator.
2. Adds that the damages, injury, or loss sustained by an employee of the school
must have been caused by a violation of the behavioral intervention plan by an
employee of the school.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.