RÉSUMÉ DIGEST
ACT 226 (HB 862) 2016 Regular Session Falconer
New 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 (IEP) 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 new 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.
Effective August 1, 2016.
(Adds R.S. 9:2800.23)