HLS 21RS-617 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 324
BY REPRESENTATIVE HILFERTY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENT/DISCIPLINE: Prohibits corporal punishment in public elementary and
secondary schools
1 AN ACT
2To amend and reenact R.S. 17:81.6(A), 235.1(B)(4)(a), and 416.1(B), relative to student
3 discipline; to prohibit corporal punishment in public elementary and secondary
4 schools; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 17:81.6(A), 235.1(B)(4)(a), and 416.1(B) are hereby amended and
7reenacted to read as follows:
8 §81.6. Investigation of employees; reporting of certain irregularities or
9 improprieties; prohibited actions; penalties; remedies
10 A. On or before January 1, 1989, each city and parish Each city, parish, or
11 other local public school board shall adopt a policy establishing the procedures for
12 the investigation of employees accused of impermissible corporal punishment or
13 moral offenses involving students.
14 * * *
15 §235.1. Parent orientation; local public school boards; guidelines
16 * * *
17 B. Each local public school board shall conduct a parent orientation course
18 according to the following guidelines:
19 * * *
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-617 ENGROSSED
HB NO. 324
1 (4) At the parent orientation meeting, the school board or its representative
2 shall provide each parent or guardian a copy of and shall explain school board
3 policies which:
4 (a) Govern the discipline of students, including but not limited to corporal
5 punishment, detention, suspension, and expulsion of students.
6 * * *
7 §416.1. Discipline of pupils; additional disciplinary authority
8 * * *
9 B.(1)(a) The use of any form of corporal punishment is prohibited in any
10 public elementary or secondary school.
11 (2) Corporal punishment means using physical force to discipline a student,
12 with or without an object. Corporal punishment includes hitting, paddling, striking,
13 spanking, slapping, or any other physical force that causes pain or physical
14 discomfort.
15 (b) (3) Corporal punishment does not include:
16 (i)(a) The use of reasonable and necessary physical restraint of a student to
17 protect the student, or others, from bodily harm or to obtain possession of a weapon
18 or other dangerous object from a student.
19 (ii)(b) The use of seclusion and restraint as provided in R.S. 17:416.21.
20 (2) The governing authority of a public elementary or secondary school shall
21 have discretion with respect to the use of corporal punishment; however, no form of
22 corporal punishment shall be administered to a student with an exceptionality,
23 excluding gifted and talented, as defined in R.S. 17:1942 or to a student who has
24 been determined to be eligible for services under Section 504 of the Rehabilitation
25 Act of 1973 and has an Individual Accommodation Plan. Each governing authority
26 of a public elementary or secondary school shall adopt such rules and regulations as
27 it deems necessary to implement and control any form of corporal punishment in the
28 schools under its jurisdiction.
29 * * *
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-617 ENGROSSED
HB NO. 324
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 324 Engrossed 2021 Regular Session Hilferty
Abstract: Prohibits corporal punishment in public elementary and secondary schools
Present law prohibits the administration of corporal punishment to students with
exceptionalities (except gifted and talented students), and to students who are eligible for
services under Section 504 of the Rehabilitation Act of 1973 and who have an Individual
Accommodation Plan. Otherwise grants local school boards discretion in the use of corporal
punishment for all other students and requires them to adopt rules and regulations to
implement and control its use.
Proposed law prohibits any form of corporal punishment in public elementary and secondary
schools.
Present law defines corporal punishment to mean the use of physical force that causes pain
or discomfort to discipline a student, not including seclusion or restraint under certain
circumstances.
(Amends R.S.17:81.6(A), 235.1(B)(4)(a), and 416.1(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Make technical changes only.
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.