SLS 17RS-274 ORIGINAL
2017 Regular Session
SENATE BILL NO. 91
BY SENATOR PETERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENTS. Prohibits the use of corporal punishment for certain students with
exceptionalities. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 17:223(A), 416.1(B), and 3996(B)(2), relative to student
3 discipline; to prohibit the use of corporal punishment in public elementary and
4 secondary schools for students with exceptionalities, except gifted and talented
5 students; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 17:223(A), 416.1(B), and 3996(B)(2) are hereby amended and
8 reenacted to read as follows:
9 §223. Discipline of pupils; suspension from school, corporal punishment
10 A. Every teacher is authorized to hold every pupil to a strict accountability
11 for any disorderly conduct in school or on the playground of the school, or on any
12 school bus going to or returning from school, or during intermission or recess. Each
13 parish and city school board shall have discretion in the use of corporal punishment.
14 In those cases in which a parish or city school board decides to use corporal
15 punishment, each parish or city school board shall adopt such rules and regulations
16 as it deems necessary to implement and control any form of corporal punishment in
17 the schools in its district.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 91
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1 * * *
2 §416.1. Discipline of pupils; additional disciplinary authority
3 * * *
4 B. Each parish and city school board The governing authority of a public
5 elementary or secondary school shall have the discretion with respect to the use of
6 corporal punishment. In those cases in which a parish or city school board decides
7 to use corporal punishment, each parish or city school board; however, no form of
8 corporal punishment shall be administered to a student with an exceptionality,
9 excluding gifted and talented, as defined in R.S. 17:1942. Each governing
10 authority of a public elementary or secondary school shall adopt such rules and
11 regulations as it deems necessary to implement and control any form of corporal
12 punishment in the schools in its district under its jurisdiction.
13 * * *
14 §3996. Charter schools; exemptions; requirements
15 * * *
16 B. Notwithstanding any state law, rule, or regulation to the contrary and
17 except as may be otherwise specifically provided for in an approved charter, a
18 charter school established and operated in accordance with the provisions of this
19 Chapter and its approved charter and the school's officers and employees shall be
20 exempt from all statutory mandates or other statutory requirements that are
21 applicable to public schools and to public school officers and employees except for
22 the following laws otherwise applicable to public schools with the same grades:
23 * * *
24 (2) Corporal punishment, R.S. 17:416.1(B), and suspension of students, R.S.
25 17:223.
26 * * *
27 Section 2. This Act shall become effective upon signature by the governor or, if not
28 signed by the governor, upon expiration of the time for bills to become law without signature
29 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 91
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1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Serrett.
DIGEST
SB 91 Original 2017 Regular Session Peterson
Present law allows local school boards discretion in the use of corporal punishment for
students and requires the boards to adopt rules and regulations to implement and control its
use.
Proposed law prohibits the administration of corporal punishment to students with
exceptionalities, except gifted and talented students, and makes present law and proposed
law applicable to charter schools.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:223(A), 416.1(B), and 3996(B)(2))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.