SLS 18RS-644 ORIGINAL
2018 Regular Session
SENATE BILL NO. 303
BY SENATOR MILKOVICH
SCHOOLS. Provides relative to bullying. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 17:416.13(D)(2)(a), (c), and (d), and (3)(f)(i), to enact R.S.
3 17:416.13(I) and (J), and to repeal R.S. 17:416.13(D)(3)(d)(iii), relative to student
4 behavior and conduct; to provide relative to bullying; to provide relative to required
5 reporting of incidences of bullying; to provide relative to record keeping; to provide
6 relative to permitted actions by school employees to prevent bullying; to provide
7 relative to protection of school employees from retaliation; to provide relative to
8 parental notification; to provide relative to parental relief; and to provide for related
9 matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 17:416.13(D)(2)(a), (c), and (d), and (3)(f)(i) are hereby amended
12 and reenacted and R.S. 17:416.13(I) and (J) are hereby enacted to read as follows:
13 ยง416.13. Student code of conduct; requirement; bullying; prohibition; notice;
14 reporting; accountability
15 * * *
16 D. The State Board of Elementary and Secondary Education, in collaboration
17 with the state Department of Education, shall develop and adopt rules and
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1 regulations to implement the provisions of this Section relative to the procedures and
2 processes to be used to report and investigate bullying and which shall include but
3 not be limited to:
4 * * *
5 (2) Reporting. (a)(i) The governing authority of each public elementary and
6 secondary school shall develop a procedure for the reporting of incidents of bullying.
7 This shall include a form for the purposes of bullying reports. The form shall include
8 an affirmation of truth of statement. Any bullying report submitted regardless of
9 recipient shall use this form, but additional information may be provided. The form
10 shall be available on the Department of Education's website.
11 (ii) The governing authority of each public elementary and secondary
12 school shall provide a copy of each report of bullying received pursuant to this
13 Paragraph to an appropriate law enforcement agency and the victim's parent
14 or legal guardian within twenty-four hours of receipt and shall retain a copy of
15 each bullying report received for at least ten years.
16 * * *
17 (c) School personnel. (i) Any teacher, counselor, bus driver, or other school
18 employee, whether full or part time, and any parent chaperoning or supervising a
19 school function or activity, who witnesses bullying or who learns of bullying from
20 a student pursuant to Subparagraph (b) of this Paragraph, shall report the incident to
21 a school official. A verbal report shall be submitted by the school employee or the
22 parent on the same day as the employee or parent witnessed or otherwise learned of
23 the bullying incident and a written report shall be filed no later than two days
24 thereafter.
25 (ii) A school employee who witnesses an incident of bullying may take all
26 steps deemed necessary to stop the behavior, including reasonable force,
27 physical restraint, or removal of the offending student from the school grounds.
28 (iii) A school official may contact law enforcement and have the student
29 exhibiting bullying behavior immediately removed from the school grounds.
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1 (d) Retaliation. (i) Retaliation against any person who reports bullying in
2 good faith, who is thought to have reported bullying, who files a complaint, or who
3 otherwise participates in an investigation or inquiry concerning allegations of
4 bullying is prohibited conduct and subject to discipline. School and district resources
5 shall not be used to prohibit or dissuade any person who meets the specifications of
6 this Subparagraph.
7 (ii) No school employee shall be discharged, demoted, suspended,
8 threatened, harassed, or discriminated against in any manner in the terms and
9 conditions of his employment because of any lawful act engaged in by the
10 employee in furtherance of any required or authorized action taken pursuant
11 to this Section. Such employee may seek any and all relief to which he is entitled
12 under state or federal law.
13 (iii) No school employee shall be threatened, harassed, or discriminated
14 against in any manner by a business organization, government agency, or other
15 person because of any lawful act engaged in by the employee or on behalf of the
16 employee in furtherance of any required or authorized action taken pursuant
17 to this Section. Such employee may seek any and all relief for his injury to
18 which he is entitled under state or federal law.
19 * * *
20 (3) Investigation Procedure. The State Board of Elementary and Secondary
21 Education shall develop and adopt a procedure for the investigation of reports of
22 bullying of a student by another student. The procedure shall include the following:
23 * * *
24 (f) Parental Relief. (i) If a parent, legal guardian, teacher, or other school
25 official has made four or more reports of separate instances of bullying, as provided
26 in Paragraph (2) of this Subsection, and no investigation pursuant to Paragraph (3)
27 of this Subsection has occurred, or a determination has been made in accordance
28 with the provisions of this Section that a student has been the victim of bullying,
29 the parent or legal guardian with responsibility for decisions regarding the education
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1 of the victim about whom the report or reports have been made may exercise an
2 option to have the student enroll in or attend another school operated by the
3 governing authority of the public elementary or secondary school in which the
4 student was enrolled on the dates when at least three of the reports were submitted.
5 one of the following two options:
6 (aa) Have the student who was determined to be the victim of an act of
7 bullying transferred to another school operated by the governing authority of
8 the public elementary or secondary school in which the student was enrolled
9 when the documented incident of bullying occurred.
10 (bb) Have the student who was determined to have committed the act of
11 bullying transferred to another school operated by the governing authority of
12 the public elementary or secondary school in which the student was enrolled
13 when the documented incident of bullying occurred.
14 * * *
15 I.(1) No cause of action shall exist against any school employee who in
16 good faith makes a report, cooperates or participates in any investigation, or
17 takes any required or authorized action pursuant to the provisions of this
18 Section. Such school employee shall have immunity from civil or criminal
19 liability that otherwise might be incurred or imposed.
20 (2) The immunity provided in Paragraph (1) of this Subsection shall not
21 be extended to a school employee who either:
22 (a) Takes any action pursuant to this Section that the employee knows
23 to be false information.
24 (b) Fails to take a required action with regard to a bullying incident.
25 J. The removal of a student from school for bullying shall not be
26 considered in itself a final judicial determination of fault or wrong doing.
27 Section 2. R.S. 17:416.13(D)(3)(d)(iii) is hereby repealed.
28 Section 3. This Act shall be known and may be cited as the "Haley Danielle Cox and
29 the Katlin Simone Loux Act".
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1 Section 4. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 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 303 Original 2018 Regular Session Milkovich
Present law requires each public school governing authority to adopt a code of student
conduct which includes any disciplinary action to be taken against a student who violates the
code. Further requires that the code of conduct include a policy prohibiting bullying.
Present law defines "bullying" and requires that school employees receive training on how
to recognize bullying behaviors and how to appropriately respond and report incidences of
bullying.
Present law requires the State Board of Elementary and Secondary Education to adopt rules
and regulations relative to the procedures to be used to report and investigate bullying.
Proposed law retains these provisions of present law.
Present law requires each public school governing authority to develop a reporting procedure
and forms for reporting incidents of bullying.
Proposed law retains present law and additionally requires school governing authorities to
provide a copy of each report of bullying received to an appropriate law enforcement agency
and the victim's parent or legal guardian within 24 hours of receipt. Further requires that a
copy of each bullying report received be retained for at least 10 years.
Present law allows students and parents who witness bullying or believes that bullying has
occurred to report such to the school. Requires school employees who witness bullying or
learn of bullying from a student to report the incident to a school official. Further requires
school employees to submit a verbal report the same day the incident was witnessed or
otherwise learned of and must submit a written report within two days thereafter.
Proposed law retains present law.
Proposed law authorizes a school employee who witnesses an incident of bullying to take
all steps deemed necessary to stop the behavior, including reasonable force, physical
restraint, or removing the offending student from the school grounds.
Proposed law authorizes a school official to contact law enforcement and have the student
exhibiting bullying behavior immediately removed from the school grounds.
Present law prohibits retaliation against any person who reports bullying in good faith, files
a complaint, or participates in an investigation or inquiry concerning allegations of bullying.
Proposed law retains present law and further provides that:
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(1)No school employee shall be discharged, demoted, suspended, threatened, harassed,
or discriminated against in any manner in the terms and conditions of his
employment because of any lawful act engaged in by the employee in furtherance
of any required or authorized action taken pursuant to present and proposed law.
Further provides that an employee may seek any and all relief to which he is entitled
under state or federal law.
(2)No school employee shall be threatened, harassed, or discriminated against in any
manner by a business organization, government agency, or other person because of
any lawful act engaged in by the employee or on behalf of the employee in
furtherance of any required or authorized action taken pursuant to present or
proposed law. Further provides that an employee may seek any and all relief for his
injury to which he is entitled under state or federal law.
Present law requires a public school governing authority to notify the student's parent or
legal guardian upon receipt of a report of bullying.
Proposed law retains present law.
Present law provides that before any student under the age of 18 is interviewed, his parent
or legal guardian must be notified of the allegations made and given the opportunity to
attend any interviews conducted with his child as part of an investigation.
Proposed law repeals present law.
Present law provides that after four or more reports of separate incidences of bullying, and
no investigation has occurred, the parent or legal guardian of the victim has the option to
have the student enroll in or attend another school.
Proposed law modifies present law by providing that the parent or legal guardian of a student
who has been the victim of bullying has two options:
(1)Have the student who was determined to be the victim of an act of bullying
transferred to another school operated by the governing authority of the public
elementary or secondary school in which the student was enrolled when the
documented incident of bullying occurred.
(2)Have the student who was determined to have committed the act of bullying
transferred to another school operated by the governing authority of the public
elementary or secondary school in which the student was enrolled when the
documented incident of bullying occurred.
Proposed law provides that:
(1) No cause of action shall exist against any school employee who in good faith makes
a report, cooperates or participates in any investigation, or takes any required or
authorized action pursuant to the provisions of present and proposed law. Further
provides that such school employee shall have immunity from civil or criminal
liability that otherwise might be incurred or imposed.
(2) Immunity shall not be extended to a school employee who either:
(a)Takes any action pursuant to present and proposed law that the employee
knows to be false.
(b)Fails to take a required action with regard to a bullying incident.
Proposed law provides that the removal of a student from school for bullying shall not be
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considered in itself a final judicial determination of fault or wrong doing.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:416.13(D)(2)(a), (c), and (d), and (3)(f)(i); adds R.S. 17:416.13(I) and (J);
repeals R.S. 17:416.13(D)(3)(d)(iii))
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