The original instrument was prepared by Cheryl M. Serrett. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Nancy
Vicknair.
DIGEST
SB 303 Reengrossed 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
retain a copy of each bullying report received for at least four years.
Proposed law further requires the governing authority of each public elementary and secondary
school to provide a copy of each bullying report to the appropriate law enforcement agency, within
24 hours of receipt, wherein a witness reports that the bullying behavior exhibited posed an
imminent risk of harm to another person.
Proposed law requires the governing authority of each public elementary and secondary school,
within 48 hours of receipt of a bullying report, to provide a copy of such report to the victim's parent
and provide a copy of the second and any subsequent report of bullying involving the same student
to the appropriate law enforcement agency.
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, provided the force used is proportional to the level
of perceived risk.
Proposed law authorizes a school official to contact law enforcement and have the student exhibiting
bullying behavior immediately removed from the school grounds, if he believes the student's
behavior poses an imminent risk of harm to another person.
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:
(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 based upon false information.
(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 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original bill
1. Changes the required period for retaining bullying reports from ten years to four
years.
2. Makes technical corrections.
Senate Floor Amendments to engrossed bill
1. Requires the governing authority of each public elementary and secondary school to
provide a copy of each bullying report to the appropriate law enforcement agency, within 24 hours of receipt, wherein a witness reports that the bullying behavior
exhibited posed an imminent risk of harm to another person.
2. Requires the governing authority of each public elementary and secondary school,
within 48 hours of receipt of a bullying report, to provide a copy of such report to the
victim's parent and provide a copy of the second and any subsequent report of
bullying involving the same student to the appropriate law enforcement agency.
3. Authorizes a school employee to use reasonable force to stop incidents of bullying
provided the force used is proportional to the level of perceived risk.
4. Authorizes a school official to contact law enforcement and have the student
exhibiting bullying behavior immediately removed from the school grounds if he
believes the student's behavior poses an imminent risk of harm to another person.