RÉSUMÉ DIGEST
ACT 522 (SB 317) 2016 Regular Session Donahue
Prior law (R.S. 17:252) required each local public school board to develop a master plan for
each school under its jurisdiction for improving student behavior and discipline. New law
retains prior law.
Prior law (R.S. 17:416.21) provided relative to the use of seclusion and physical restraint in
response to the behavior of students with exceptionalities. Required the State Bd. of
Elementary and Secondary Education (BESE) to prepare and adopt rules and guidelines for
the appropriate use of seclusion, physical restraint, and mechanical restraint of certain
students with exceptionalities.
Prior law defined "physical restraint" as bodily force used to limit a person's movement but
provides that it does not include holding a student by a school employee for less than five
minutes in any given hour or class period for the protection of the student or others. New law
deletes this exclusion for holding a student for less than five minutes in any given hour or
class period.
New law adds provision that "physical restraint" does not include the momentary blocking
of a student's actions if the student's action is likely to result in harm to the student or any
other person.
Prior law provided that if a student is involved in five incidents involving seclusion or
physical restraint in a school year, the student's Individualized Education Plan team must
review and revise the student's intervention plan. New law adds that after five such incidents,
if the student's challenging behavior continues or escalates requiring repeated use of
seclusion or physical restraint, the special education director, or his designee, shall review
the student's plans every three weeks.
New law requires BESE to adopt rules establishing guidelines and procedures for public
school systems to follow regarding the reporting of incidents of seclusion and physical
restraint, including specific data elements to be included in such reporting.
Prior law required each public school governing authority to adopt guidelines and procedures
regarding the use of seclusion and physical restraint of students with exceptionalities and
provide such guidelines to all school employees and parents of students with
exceptionalities. New law additionally requires that each school governing authority submit
such guidelines and procedures to the state Dept. of Education (DOE) and post them at each
school on each school system's website.
Prior law required a school employee who has placed a student in seclusion or has physically
restrained a student to document and report each incident in accordance with the policies
adopted by the school's governing authority. Required that such documentation compiled for
students whose challenging behavior continues or escalates shall be reviewed at least once
every three weeks. New law deletes the requirement for review of documentation at least
once every three weeks. Otherwise retains prior law.
Prior law required school governing authorities to report all instances of the use of seclusion
or physical restraint to DOE and required the department to maintain a database of all such
reported incidents and disaggregate the data by specified data elements. New law
additionally requires the department to annually compile a comprehensive report regarding
the use of seclusion and physical restraint of students with exceptionalities including the
specified data elements and a list of the school systems and charter schools that have
complied with the prescribed reporting requirements. Requires the department to post a copy
of the report on its website and submit a copy to the Senate and House committees on
education and the Advisory Council on Student Behavior and Discipline.
New law creates the Advisory Council on Student Behavior and Discipline to provide advice
and guidance to BESE and the DOE regarding best practices in providing support to public
school governing authorities in the adoption and implementation of school student behavior
and discipline plans. Provides that the council shall consist of 20 members. Provides that the
council is subject to the Open Meetings Law. Requires the council to annually submit a
written report to the Senate and House education committees and BESE regarding its
findings and recommendations. Effective upon signature of the governor (June 13, 2016).
(Amends R.S. 17:252(A)(2)(h) and 416.21(A)(3)(b), (K), (M), and (N); adds R.S. 17:253;
repeals R.S. 17:416.21(L))