HLS 21RS-895 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 411
BY REPRESENTATIVES HUGHES, BRASS, BRYANT, CARPENTER, GARY
CARTER, WILFORD CARTER, CORMIER, COUSSAN, DUPLESSIS, GLOVER,
GREEN, JENKINS, JONES, LACOMBE, LANDRY, LARVADAIN, LYONS,
NEWELL, PIERRE, AND SELDERS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENT/DISCIPLINE: Provides relative to student discipline
1 AN ACT
2To amend and reenact R.S. 17:416 and 3996(B)(40), relative to student discipline; to provide
3 for a comprehensive revision of student discipline laws; to provide relative to student
4 codes of conduct, the use of and procedures for expulsion, damages to property,
5 possession of weapons and drugs, and conferences with parents; to require certain
6 reporting by the state Department of Education; to provide for definitions; to provide
7 for applicability; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:416 and 3996(B)(40) are hereby amended and reenacted to read
10as follows:
11 ยง416. Discipline of students; suspension; expulsion
12 A.(1)(a) All public schools shall endeavor to address student behavior with
13 a focus on evidence-based interventions and supports. Schools shall endeavor to
14 prioritize classroom- and school-based interventions in lieu of out-of-school
15 disciplinary removals to address student misconduct in order to minimize the loss of
16 academic instructional time. Every teacher and other school employee shall
17 endeavor to hold every student to a strict accountability for any disorderly conduct
18 in accountable for his behavior in school or on the playgrounds of the school, on the
19 street or road while going to or returning from school, on any school bus, during
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1 intermission or recess, or at any school-sponsored activity or function. Nothing in
2 this Subparagraph shall prohibit a public school governing authority or its employees
3 from disciplining a student in accordance with the provisions of this Section.
4 (b)(i) Each teacher may take disciplinary action to correct a student who
5 disrupts normal classroom activities, who is disrespectful to a teacher, who willfully
6 disobeys a teacher, who uses abusive or foul language directed at a teacher or
7 another student, who engages in bullying, who violates school rules, or who
8 interferes with an orderly education process.
9 (ii) In addition to those procedures set forth in R.S. 17:416.13 regarding
10 bullying, disciplinary action by a school employee may include but is not limited to:
11 (aa) Oral or written reprimands.
12 (bb) Referral for a counseling session which shall include but shall not be
13 limited to conflict resolution, social responsibility, family responsibility, peer
14 mediation, and stress management.
15 (cc) Written notification to parents of disruptive or unacceptable behavior,
16 a copy of which shall be provided to the principal.
17 (dd) Other disciplinary measures approved by the principal and faculty of the
18 school and in compliance with school board policy.
19 (c)(i) When a student's behavior prevents the orderly instruction of other
20 students or poses an immediate threat to the safety or physical well being of any
21 student or teacher, when a student exhibits disrespectful behavior toward the teacher
22 such as using foul or abusive language or gestures directed at or threatening a student
23 or a teacher, or when a student violates the school's code of conduct, or when a
24 student exhibits other disruptive, dangerous, or unruly behavior, including
25 inappropriate physical contact, inappropriate verbal conduct, sexual or other
26 harassment, bullying, throwing objects, inciting other students to misbehave, or
27 destroying property, the teacher may have the student immediately removed from his
28 classroom and placed in the custody of the principal or his designee. A student
29 removed from the classroom pursuant to this Subparagraph shall be assigned school
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1 work missed and shall receive either partial or full credit for such work if it is
2 completed satisfactorily and timely as determined by the principal or his designee,
3 upon the recommendation of the student's teacher; however, the teacher shall not be
4 required to interrupt class instruction time to prepare any such assignment.
5 (ii)(aa) Upon being sent to the principal's office pursuant to the provisions
6 of this Subparagraph, the principal or his designee shall advise the pupil student of
7 the particular misconduct of which he is accused as well as the basis for such
8 accusation, and the pupil student shall be given an opportunity at that time to explain
9 his version of the facts. The principal or his designee then shall conduct a counseling
10 session with the pupil student as may be appropriate to establish a course of action,
11 consistent with school board policy to identify and correct the behavior for which the
12 pupil student is being disciplined.
13 (bb) The principal or his designee shall provide oral or written notification
14 to the parent or legal guardian of any pupil student removed from the classroom
15 pursuant to the provisions of this Subparagraph. Such notification shall include a
16 description of any disciplinary action taken.
17 (cc) The principal or his designee may provide oral or written feedback to
18 teachers initiating the removal of pupils students from the classroom. The principal
19 or his designee may provide to such teachers guidance and support on practicing
20 effective classroom management including but not limited to positive behavior
21 supports.
22 (dd) The principal or designee shall follow all procedures set forth in R.S.
23 17:416.13 regarding bullying.
24 (iii) A pupil student in kindergarten through grade six five removed from a
25 class pursuant to this Subparagraph shall not be permitted to return to the class for
26 at least thirty minutes unless agreed to by the teacher initiating the disciplinary
27 action. A pupil student in grades seven six through twelve removed from a class
28 pursuant to this Subparagraph shall not be permitted to return to the class during the
29 same class period unless agreed to by the teacher initiating the disciplinary action.
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1 Additionally, the pupil student shall not be readmitted to the class until the principal
2 has implemented at least one of the following disciplinary measures:
3 (aa) Conferencing with the principal or his designee.
4 (bb) Referral to counseling.
5 (cc) Peer mediation.
6 (dd) Referral to the school building level committee.
7 (ee) Restorative justice practices.
8 (ff) Loss of privileges.
9 (gg) Detention.
10 (aa) (hh) In-school suspension.
11 (bb) Detention.
12 (cc) Suspension. (ii) Out-of-school suspension.
13 (dd) (jj) Initiation of expulsion hearings.
14 (ee) (kk) Assignment Referral for assignment to an alternative school setting.
15 (ff) (ll) Requiring the completion of all assigned school and homework
16 which that would have been assigned and completed by the student during the period
17 of out-of-school suspension.
18 (gg) (mm) Any other disciplinary measure authorized by the principal with
19 the concurrence of the teacher or the school building level committee pursuant to law
20 and board policy.
21 (iv) When a pupil student is removed from a classroom pursuant to this
22 Subparagraph, the teacher or the principal or his designee may require that the
23 parent, tutor, or legal guardian of the pupil student have a conference with the
24 teacher or the principal or his designee in the presence of the principal or his
25 designee before the pupil is readmitted. Such conference may be in person or by
26 telephone or other virtual means.
27 (v) Upon the third removal from the same classroom pursuant to this
28 Subparagraph, the teacher and the principal shall discuss the disruptive behavior
29 patterns of the pupil student and the potentially appropriate disciplinary measure
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1 before the principal implements a disciplinary measure. If appropriate, a referral of
2 the matter may be made to an appropriate building level committee. In addition, a
3 conference between the teacher or other appropriate school employee and the pupil's
4 student's parent, tutor, or legal guardian shall may be required prior to the pupil
5 student being readmitted to that same classroom. Such conference may be in person
6 or by telephone or other virtual means. If such conference is required by the school,
7 the school shall give written notice to the parent.
8 (vi)(aa) For students who experience multiple behavioral incidents or
9 disciplinary referrals, a principal or his designee may consider a referral of the matter
10 to an appropriate school building level committee. If disruptive behavior persists,
11 the teacher may request that the principal transfer the pupil student into another
12 setting.
13 (bb) Each city, parish, or other local public school board may adopt a policy
14 that requires the parent or legal guardian of a pupil student removed from the
15 classroom pursuant to this Subparagraph to attend after school or Saturday
16 intervention sessions with the pupil student. Such a policy, if adopted, shall be
17 enumerated in the code of conduct and shall include accommodations for parents and
18 legal guardians who demonstrate a documented inability to attend due to work or
19 disability or other health matters pertaining to the parent or legal guardian or a
20 family member under his care. The school board may refer a parent who fails to
21 attend such session to the court of competent jurisdiction in accordance with Chapter
22 2 of Title VII of the Louisiana Children's Code. Each time a parent is referred to the
23 court of competent jurisdiction, the court may impose a fine of not less than twenty-
24 five dollars and not more than two hundred fifty dollars, forty hours of court-
25 approved school or community service activities, or a combination of forty hours of
26 court-approved school or community service and attendance at a court-approved
27 family counseling program by both a parent or legal guardian and the pupil student,
28 and may suspend any recreational license issued by the Department of Wildlife and
29 Fisheries.
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1 (vii)(aa) Notwithstanding any provision of law to the contrary, whenever a
2 pupil student is formally accused of violating the provisions of R.S. 14:34.3 or
3 school disciplinary rules, or both, by committing a battery on any school employee
4 or is formally accused of violating the provisions of R.S. 14:38.2 or school
5 disciplinary rules, or both, by committing an assault on any school employee, the
6 principal shall suspend the pupil student from school immediately and the pupil
7 student shall be removed immediately from the school premises without the benefit
8 of the out-of-school suspension procedures provided by this Section; however, the
9 necessary notifications and other procedures shall follow be implemented as soon as
10 is practicable.
11 (bb) No pupil student suspended in accordance with the provisions of this
12 Item shall be considered for readmission to the school to which the school employee,
13 allegedly assaulted or battered, or both, by the pupil student, is assigned until all
14 hearings and appeals associated with the alleged violation have been exhausted.
15 (cc) Except when the school system has no other school of suitable grade
16 level for the pupil student to attend, no pupil student found guilty by a court of
17 competent jurisdiction of violating the provisions of R.S. 14:34.3 or 38.2, or both,
18 or found guilty at a school system suspension hearing of committing a battery or
19 assault on any school employee, or both, shall be assigned to attend or shall attend
20 the school to which the school employee battered or assaulted by the pupil student
21 is assigned.
22 (dd) Notwithstanding any provision of R.S. 17:158 to the contrary, a school
23 system shall not be required to provide transportation to any pupil student reassigned
24 to attend a school pursuant to the provisions of this Item if providing such
25 transportation for the pupil student will result in additional transportation costs to the
26 school system.
27 (2) As used in this Section:
28 (a)(i) "In-school suspension" means removing a pupil student from his
29 normal classroom setting but maintaining him under supervision within the school.
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1 Pupils Students participating in in-school suspension may shall receive credit for
2 work performed during the in-school suspension. However, any pupil student who
3 fails to comply fully with the rules for in-school suspension shall may be subject to
4 immediate out-of-school suspension.
5 (ii) Each city, and parish, or other local public school board shall adopt rules
6 regarding the implementation of in-school suspension by no later than January 1,
7 1995.
8 (b)(i) "Detention" means activities, assignments, or work held before the
9 normal school day, after the normal school day, or on weekends.
10 (ii) Failure or refusal by a pupil student to participate in assigned detention
11 shall may subject the pupil student to immediate out-of-school suspension.
12 (iii) Assignments, activities, or work which may be assigned during
13 detention include but are not limited to counseling, homework assignments, behavior
14 modification programs, or other activities aimed at improving the self-esteem
15 behavior and conduct of the pupil student.
16 (iv) Each city, and parish, or other local public school board shall adopt rules
17 regarding the implementation of detention by no later than January 1, 1995.
18 (c) Unless otherwise defined as a permanent expulsion and except as
19 otherwise provided by Subsections B and C of this Section, "expulsion" shall be
20 defined as a removal from all regular school settings for a period of not less than one
21 school semester. During an expulsion the superintendent shall place the pupil
22 student in an alternative school or in an alternative educational placement.
23 (d) "Bullying" is defined in R.S. 17:416.13.
24 (e) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun,
25 submachine gun, black powder weapon, or assault rifle that is designed to fire or is
26 capable of firing fixed cartridge ammunition or from which a shot or projectile is
27 discharged by an explosive.
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1 (f) "Out-of-school suspension" means the removal of a student from all
2 classes of instruction on public school grounds and all other school-sponsored
3 activities.
4 (3)(a) A school principal may suspend from school or suspend from riding
5 on any school bus any student who:
6 (i) Is guilty of willful disobedience.
7 (ii) Treats a teacher, principal, superintendent, member, or employee of the
8 city, parish, or other local public school board with intentional disrespect.
9 (iii) Makes against any one of them an unfounded charge.
10 (iv) Uses unchaste or profane language.
11 (v) Is guilty of immoral or vicious practices, or of conduct or habits injurious
12 to his associates.
13 (vi) Uses tobacco or who possesses alcoholic beverages or any controlled
14 dangerous substance governed by the Uniform Controlled Dangerous Substances
15 Law, in any form, in school buildings, on school grounds, or on school buses owned
16 by, contracted to, or jointly owned by any city, or parish, or other local public school
17 board.
18 (vii) Disturbs the school and habitually violates any rule.
19 (viii) Cuts, defaces, or injures any part of public school buildings, any
20 property belonging to the buildings, or any school buses owned by, contracted to, or
21 jointly owned by any city, or parish, or other local public school board.
22 (ix) Writes any profane or obscene language or draws obscene pictures in or
23 on any school material or on any public school premises, or on any fence, pole,
24 sidewalk, or building on the way to or from school, or on any school bus, including
25 those owned by, contracted to, or jointly owned by any city, or parish, or other local
26 public school board.
27 (x) Is found carrying firearms, knives, or other implements which can be
28 used as weapons, the careless use of which might inflict harm or injury.
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1 (xi) Throws missiles liable to injure other persons on the school grounds or
2 while on any school bus, including those owned by, contracted to, or jointly owned
3 by any city, or parish, or other local public school board.
4 (xii) Instigates or participates in fights while under school supervision.
5 (xiii) Violates traffic and safety regulations.
6 (xiv) Leaves the school premises without permission.
7 (xv) Leaves his classroom during class hours or detention without
8 permission.
9 (xvi) Is habitually tardy or absent.
10 (xvii) Has engaged in bullying.
11 (xviii) Commits any other serious offense.
12 (b)(i) Prior to any out-of-school suspension, assignment to alternative
13 placement, or expulsion, the school principal, or his designee, shall advise the pupil
14 student in question of the particular misconduct of which he is accused as well as the
15 basis for such accusation, and the pupil student shall be given an opportunity at that
16 time to explain his version of the facts to the school principal or his designee. In
17 each case of out-of-school suspension, assignment to alternative placement, or
18 expulsion, the school principal, or his designee, shall contact, by telephone at the
19 telephone number shown on the pupil's student's registration card or send by
20 electronic communication or a certified letter at sent to the address shown on the
21 pupil's student's registration card, to the parent, tutor, or legal guardian of the pupil
22 student in question giving notice of the out-of-school suspension, assignment to
23 alternative placement, or expulsion, the reasons therefor, and establishing a date and
24 time for a conference with the principal or his designee as a requirement for
25 readmitting the pupil student. provided that in In the case of expulsion, the contact
26 with the parent or guardian shall include a certified letter. If the parent, tutor, or
27 legal guardian fails to attend the required conference within five school days of
28 mailing the certified letter or other contact with the parent, the truancy laws shall
29 become effective. On not more than one occasion each school year when the parent,
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1 tutor, or legal guardian refuses to respond, the principal may determine whether
2 readmitting the pupil student is in the best interest of the student. On any subsequent
3 occasions in the same year, the pupil student shall not be readmitted unless the
4 parent, tutor, legal guardian, court, or other appointed representative responds. A
5 pupil student whose presence in or about a school poses a continued danger to any
6 person or property or an ongoing threat of disruption to the academic process shall
7 be immediately removed from the school premises without the benefit of the
8 procedure described hereinabove; however, the necessary procedure shall follow as
9 soon as is practicable.
10 (ii)(aa) In any case where If a teacher, principal, or other school employee
11 is authorized in by this Section to require the parent tutor, or legal guardian of a pupil
12 student who is under the age of eighteen and not judicially emancipated or
13 emancipated by marriage to attend a conference or meeting regarding the pupil's
14 student's behavior and, after notice, the parent, tutor, or legal guardian willfully
15 refuses to attend, the principal or his designee, shall file a complaint with a court
16 exercising juvenile jurisdiction, pursuant to Children's Code Article 730(8) and 731.
17 The principal may file a complaint pursuant to Children's Code Article 730(1) or any
18 other applicable ground when, in his judgment, doing so is in the best interests of the
19 pupil student.
20 (bb) The principal, assistant principal, or child attendance and welfare
21 supervisor or his assistant of any school, public or nonpublic, shall be a
22 representative of an agency having the responsibility or ability to supply services to
23 a family as that phrase is used in Children's Code Article 731(A).
24 (c) Any parent, tutor or legal guardian of a pupil student suspended shall
25 have the right to appeal to the city or parish local superintendent of schools or his
26 designee, who shall conduct a hearing on the merits. The decision of the
27 superintendent of schools on the merits of the case, as well as the term of the out-of-
28 school suspension, shall be final, reserving to the superintendent of schools the right
29 to remit any portion of the time of the out-of-school suspension.
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1 (d) A pupil student suspended for damages to any property belonging to the
2 school system or to property contracted to the school system or any property on
3 school grounds owned by a school employee or student shall not be readmitted until
4 payment in full has been made for such damage, an alternative restitution
5 arrangement has been executed, an alternative payment plan has been arranged, or
6 until directed by the superintendent of schools. If the property damaged is a school
7 bus owned by, contracted to, or jointly owned by any parish or city, parish, or other
8 local public school board, a pupil student suspended for such damage shall not be
9 permitted to enter or ride any school bus until payment in full has been made for
10 such damage, an alternative restitution arrangement has been executed, an alternative
11 payment plan has been arranged, or until directed by the superintendent of schools.
12 (e) A pupil student who is suspended for ten days or fewer shall be assigned
13 school work missed while he is suspended and shall receive either partial or full the
14 same credit originally available for such work if it is completed satisfactorily and
15 timely as determined by the principal or his designee, upon the recommendation of
16 the pupil's student's teacher. A pupil student who is suspended for more than ten
17 days, or is expelled and receives educational services at an alternative school site,
18 shall be assigned work by a certified teacher and shall receive credit for school work
19 if it is completed satisfactorily and timely as determined by the teacher. Such work
20 shall be aligned with the curriculum used at the school from which the pupil student
21 was suspended or expelled.
22 (f) When a pupil student is suspended for a second time within one school
23 year, the principal may require that a counseling session be held with the parent and
24 pupil student by the school counselor if a counselor is assigned or available to that
25 school. In the event there is no school counselor available, assigned to that school,
26 the principal may require a conference between the parent, pupil student, and all the
27 pupil's student's teachers and the principal or other administrator.
28 (4) The governing authority of each public elementary and secondary school
29 shall adopt such rules and regulations as it deems necessary to implement the
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1 provisions of this Subsection and of R.S. 17:416.13. Such rules and regulations shall
2 include but not be limited to the following provisions:
3 (a) A procedure permitting any teacher or other school employee to report
4 any violation of the provisions of this Subsection to the appropriate school principal.
5 The procedure shall provide for the uniform use throughout the school system of two
6 forms to report incidents of alleged discipline violations. One form shall be used to
7 report only school transportation-related incidents and one form shall be used to
8 report all other incidents.
9 (i) The form for reporting a transportation-related incident shall provide for
10 the following information:
11 (aa) Bus number and name of operator.
12 (bb) Pupil Student name and grade level.
13 (cc) School name and name of the principal.
14 (dd) Date of the incident and whether it occurred on the way to or on the way
15 from the school or school function.
16 (ee) A menu of check-off items to indicate the nature of the incident,
17 including fighting or bullying at the bus stop, fighting or bullying on the bus,
18 smoking on the bus, leaving the bus without permission, boarding the bus at the
19 incorrect stop, showing disrespect toward the operator, committing an immoral or
20 vicious act, throwing objects within the bus or out of bus windows or doors, refusing
21 to occupy an assigned seat, using profane language, showing willful disobedience,
22 defacing the bus, carrying objects or implements which can be used as weapons, or
23 committing some other undesignated violation.
24 (ff) Space to provide specific remarks and comments concerning the incident
25 and alleged discipline violation.
26 (gg) Space to indicate a pupil's student's prior history of discipline violations
27 related to school transportation incidents.
28 (hh) A statement to be signed and dated by the bus operator or other school
29 employee, if applicable, that the named pupil student is causing a discipline problem,
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1 that disciplinary action against the pupil student is recommended, and that the
2 signatory desires to be informed of action taken on the incident report or the reasons
3 for not taking action.
4 (ii) A space to report action taken on the incident report, including a menu
5 of check off items to indicate that a parent or other person responsible for the pupil's
6 student's school attendance has been contacted, that a conference has been conducted
7 with the pupil's student's parent or other responsible person, that the pupil student has
8 been reprimanded, that the pupil student has been suspended from receiving school
9 transportation services and for what period of time, that the pupil student has been
10 suspended from school and for what period of time, or that some other action has
11 been taken and an explanation of such action. The report on action taken shall be
12 dated and signed by the school principal.
13 (jj) Space for comments and remarks by the pupil student or a pupil's
14 student's parent or other responsible person concerning the incident and action taken.
15 (kk) A menu of check off items to indicate that copies of the completed
16 document have been supplied to the pupil's student's parent or other responsible
17 person, the school's pupil student file, the school employee filing the incident report,
18 the supervisor of transportation services for the school system, and the principal.
19 (ll) Such other information as may be determined by the city, or parish, or
20 other local public school board.
21 (ii) The form for reporting a nontransportation-related incident shall provide
22 for the following information:
23 (aa) School name.
24 (bb) Name and telephone number of the pupil student.
25 (cc) Indication of whether the pupil student is in regular or special education
26 and the pupil's student's homeroom number.
27 (dd) Time and location of the incident.
28 (ee) Space to provide specific remarks and comments concerning the
29 incident and alleged discipline violation.
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1 (ff) A menu of check off check-off items indicating action taken by the
2 teacher, including having a conference with the pupil student, assigning remedial
3 work, referring the pupil student to a counselor, referring the pupil to a social
4 worker, or certified school psychologist, placing the pupil student in detention, or
5 taking other action with an explanation of such other action.
6 (gg) A menu of check off check-off items indicating the type and date of
7 contact with the pupil's student's parent or other person responsible for the pupil's
8 student's school attendance, including by phone, by letter, by school conference, or
9 by behavior reports.
10 (hh) A space for recommendations from the teacher or other school
11 employee initiating the incident report.
12 (ii) A statement to be signed and dated by the teacher or other school
13 employee initiating the incident report that the named pupil student is causing a
14 discipline problem, that disciplinary action against the pupil student is
15 recommended, and that the signatory desires to be informed of action taken on the
16 incident report or the reasons for not taking action.
17 (jj) A space to report action taken on the incident report, including a menu
18 of check off items to indicate contact with the pupil's student's parent or other
19 responsible person, conduct of a conference with the pupil student and the pupil's
20 student's parent or other responsible person and a summary of conference
21 proceedings, referral to a counselor, issuance of a reprimand, placement on
22 detention, placement on probation, suspension, or that some other action has been
23 taken and an explanation of such action. The report on action taken shall be dated
24 and signed by the school principal.
25 (kk) Space for comments and remarks by the pupil student or a pupil's
26 student's parent or other responsible person concerning the incident and action taken.
27 (ll) A menu of check off check-off items to indicate that copies of the
28 completed document have been supplied to the pupil's student's parent or other
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1 responsible person, the school's pupil student file, the teacher or other school
2 employee filing the incident report, and the principal.
3 (mm) Such other information as may be determined by the city, or parish,
4 or other local public school board.
5 (iii) The State Board of Elementary and Secondary Education shall develop
6 the forms necessary to implement the provisions of this Subparagraph and such
7 forms shall be used by each city, and parish, or other local public school board.
8 (b) Procedures implementing the provisions of R.S. 17:416.13 regarding
9 bullying.
10 (c) A procedure requiring that, within a reasonable period of time, a principal
11 shall review any such report and then act upon it as provided by this Section, or R.S.
12 17:416.13, or explain the reasons for failing to act to the local superintendent of
13 schools or his designee and to the teacher, other school employee, student, parent,
14 or legal guardian reporting the violation.
15 (5) The provisions of this Subsection shall not be construed to conflict with
16 any federal or state rules or regulations or other guidelines, including but not limited
17 to those affecting special education students with exceptionalities as defined in R.S.
18 17:1943 et seq.
19 (6) In carrying out the provisions of this Section, school employees and
20 administrators shall account for and abide by any relevant provisions contained in
21 the Individualized Education Program, Behavior Intervention Plan, or Section 504
22 Plan, as well as the general requirements of the federal Individuals with Disabilities
23 Education Act.
24 B.(1)(a) Any student after being suspended for committing any of the
25 offenses enumerated in this Section may be expelled, upon recommendation by the
26 principal of the public school in which said student is enrolled, which recommended
27 expulsion shall be subject to the provisions of Subsection C of this Section.
28 (b)(i) Notwithstanding the provisions of Subsection A of this Section, the
29 principal or his designee shall immediately suspend a student who is found carrying
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1 or possessing a firearm or another dangerous instrumentality other than a knife, or
2 who possesses, distributes, sells, gives, or loans any controlled dangerous substance
3 governed by the Uniform Controlled Dangerous Substances Law, in any form. He
4 The principal or his designee shall immediately recommend the student's expulsion
5 in accordance with Subsection C of this Section.
6 (ii)(aa) Except as provided in Item (c)(i) of this Paragraph, no student shall
7 be permitted to carry or possess a knife of any blade length.
8 (bb) A student who is found carrying or possessing a knife with a blade less
9 than two and one-half inches in length may be suspended by the school principal as
10 provided in Paragraph (A)(3) of this Section; however, in appropriate cases such
11 student, at a minimum, shall be placed in in-school suspension.
12 (cc) The principal shall immediately suspend a student who is found carrying
13 or possessing a knife the blade of which equals or exceeds two and one-half inches
14 in length. He also shall immediately recommend the student's expulsion in
15 accordance with Subsection C of this Section, except that, in the case of a student
16 less than eleven years of age in pre-kindergarten through grade five, the principal
17 may, but shall not be required to, recommend the student's expulsion in accordance
18 with Subsection C of this Section.
19 (c) The provisions of this Section shall not apply to the following:
20 (i) A student carrying or possessing a firearm or knife for purposes of
21 involvement in a school class or course or school-approved cocurricular or
22 extracurricular activity or any other activity approved by the appropriate school
23 officials.
24 (ii) A student possessing any controlled dangerous substance governed by
25 the Uniform Controlled Dangerous Substances Law that has been obtained directly
26 or pursuant to a valid prescription or order from a licensed physician medical
27 provider. However, such the student shall carry evidence of that the prescription or
28 physician's medical provider's order on his person at all times when in possession of
29 any controlled dangerous substance which shall be subject to verification. Evidence
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1 of the prescription or medical provider's order includes possession of the controlled
2 dangerous substance in its original packaging as received from the pharmacy.
3 (2) Any pupil student who has been suspended on three occasions for
4 committing any of the offenses enumerated in this Subsection or Subsection C of this
5 Section during the same school year shall, upon committing the fourth such offense,
6 be expelled from all the public schools of the city, parish, or other local public school
7 system wherein he resided until the beginning of the next regular school year, and
8 the pupil's student's reinstatement shall be subject to the review and approval of the
9 city, parish, or other local public school board.
10 (3)(a)(i) No student who has been expelled pursuant to the provisions of this
11 Section shall be admitted to any public school in any other parish or city, parish, or
12 other local public school system in the state except upon the review and approval of
13 the school board of the school system to which he seeks admittance.
14 (ii) No student who has been expelled from any public or nonpublic school
15 outside the state of Louisiana or any nonpublic school within Louisiana for
16 committing any of the offenses enumerated in this Section shall be admitted to any
17 public school in the state except upon the review and approval of the governing body
18 of the admitting school.
19 (b) No student who has been expelled pursuant to the provisions of
20 Paragraph (C)(2) of this Section shall be readmitted to a regular public school in the
21 city, parish, or other local public school system from which he was expelled prior to
22 the completion of the specified period of expulsion at the school system's alternative
23 education setting, unless he has complied with the provisions of Subparagraph
24 (C)(2)(d) of this Section.
25 (c) To facilitate the review and approval mandated by this Paragraph, any
26 student who has been expelled from any public or nonpublic school within or outside
27 the state of Louisiana shall provide to any public school or school system in the state
28 to which the student is seeking admission information on the dates of any expulsions
29 and the reason or reasons for which the student was expelled. Additionally, the
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1 transfer of a student's records by any public school or school system in the state to
2 any other public or nonpublic school or school system shall include information on
3 the dates of any expulsions and the reason or reasons for which the student was
4 expelled.
5 (d)(i) In addition to any other limitations established by this Subsection on
6 the admission of previously expelled pupils to public elementary and secondary
7 schools in Louisiana, no pupil No student who has been expelled from any public or
8 nonpublic school within or outside the state of Louisiana for possessing on school
9 property or on a school bus a firearm, knife, or other dangerous weapon or
10 instrumentality customarily used or intended for probable use as a dangerous
11 weapon, or for possessing, possessing with intent to distribute, or distributing,
12 selling, giving, or loaning while on school property or on a school bus any controlled
13 dangerous substance governed by the Uniform Controlled Dangerous Substances
14 Law shall may be admitted to any public elementary or secondary school in the state,
15 or readmitted to any such school on a probationary basis prior to the completion of
16 the minimum period of expulsion as provided in Subsection C of this Section, until
17 the pupil student produces written documentation that he and his parent or legal
18 guardian have enrolled and participated in an appropriate rehabilitation or counseling
19 program related to the reason or reasons for the pupil's student's expulsion.
20 (ii) The rehabilitation or counseling required by the provisions of this
21 Subparagraph shall be provided by existing or new programs approved by the
22 juvenile or family court having jurisdiction, if applicable, or by the school system
23 and shall be at no additional cost to the school system. Such rehabilitation or
24 counseling programs may include the following components relative to successful
25 programs, approaches, and activities for parental involvement which better equip
26 parents and legal guardians to provide support for the education of their children:
27 (aa) Enhancing parenting skills and expanding curriculum offerings relative
28 to character development, the development of a healthy self-esteem and sense of
29 personal and social responsibility, violence prevention, and conflict resolution.
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1 (bb) Raising the educational level of the parents and legal guardians of
2 public school students through instruction in basic skills.
3 (cc) Improving developmental skills of students to prepare them for
4 academic success.
5 (dd) Providing a role model for the child through parental interest in
6 education.
7 (ee) Enabling parents and legal guardians to become familiar with and
8 comfortable in the school setting.
9 (ff) Enhancing the relationship of the parent or legal guardian and child
10 through planned, structured parent-school interaction.
11 (gg) Demonstrating to parents and legal guardians their power to affect their
12 child's ability to learn.
13 (iii) The requirements of this Subparagraph for a student's enrollment and
14 participation in a rehabilitation or counseling program shall be waived by the school
15 system upon a documented showing by the student that no appropriate program is
16 available in the area or that the student cannot enroll or participate due to financial
17 hardship.
18 (iv) The provisions of this Subparagraph shall be applicable to exceptional
19 children students provided special education services pursuant to Part I of Chapter
20 8 of this Title and to students who have an Individualized Education Program or a
21 Section 504 Individualized Accommodation Plan only to the extent the provisions
22 are not in conflict with federal rules, regulations, and guidelines applicable to the
23 education of exceptional students students with exceptionalities or the provisions of
24 the students' specific plans.
25 C.(1) Upon the recommendation by a principal for the expulsion of any
26 student as authorized by Subsection B hereof, of this Section or a school board's code
27 of conduct, a hearing shall be conducted by the superintendent or his designee within
28 fifteen school days or by any other person designated so to do by the superintendent
29 to determine the facts of the case and make a finding of whether or not the student
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1 is guilty of conduct warranting a recommendation of expulsion. The school board
2 must provide written notice of the hearing to the student and his parent or legal
3 guardian, and such notice shall advise the student and his parent or legal guardian of
4 their rights. Upon the conclusion of the hearing and upon a finding that the student
5 is guilty of conduct warranting expulsion, the superintendent, or his designee, shall
6 determine whether such student shall be expelled from the school system or if other
7 corrective or disciplinary action shall be taken. At said the hearing the principal or
8 teacher concerned may be represented by any person appointed by the
9 superintendent. The concerned teacher shall be permitted to attend such hearing and
10 shall be permitted to present information the teacher believes relevant. Until such
11 hearing takes place the student shall remain suspended from the school with access
12 to classwork and the opportunity to earn academic credit. At such hearing the
13 student may be represented by any person of his choice. A student who is expelled
14 or suspended for longer than ten days shall be provided with academic instruction
15 at an alternative setting in accordance with R.S. 17:416.2.
16 (2)(a)(i) Notwithstanding the provisions of Subsection B of this Section, any
17 student sixteen years of age or older found guilty of being in possession of a firearm
18 on school property, on a school bus, or in actual possession at a school-sponsored
19 event, pursuant to a hearing as provided for by Paragraph (1) of this Subsection, shall
20 be expelled from school for a minimum period of four complete school semesters
21 and shall be referred to the district attorney for appropriate action. However, the
22 superintendent of a city, parish, or other local public school system may modify the
23 length of such minimum expulsion requirement on a case-by-case basis, provided
24 such modification is in writing.
25 (ii) (b) Notwithstanding the provisions of Subsection B of this Section, any
26 student sixteen years of age or older in grades six through twelve found guilty of
27 possession of, or knowledge of and intentional distribution of, or possession with
28 intent to distribute any illegal narcotic, drug, or other controlled substance on school
29 property, on a school bus, or at a school sponsored school-sponsored event pursuant
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1 to a hearing as provided for by Paragraph (1) of this Subsection shall be expelled
2 from school for a minimum period of four complete school semesters.
3 (b)(i) Any student who is under sixteen years of age and in grades six
4 through twelve and who is found guilty of being in possession of a firearm on school
5 property, on a school bus, or in actual possession at a school sponsored event,
6 pursuant to a hearing as provided for by Paragraph (1) of this Subsection, shall be
7 expelled from school for a minimum period of four complete school semesters, and
8 shall be referred to the district attorney for appropriate action. However, the
9 superintendent of a city, parish, or other local public school system may modify the
10 length of such minimum expulsion requirement on a case-by-case basis, provided
11 such modification is in writing.
12 (ii) Any student who is under sixteen years of age and in grades six through
13 twelve and who is found guilty of possession of, or knowledge of and intentional
14 distribution of, or possession with intent to distribute any illegal narcotic, drug, or
15 other controlled substance on school property, on a school bus, or at a school
16 sponsored event pursuant to a hearing as provided for by Paragraph (1) of this
17 Subsection shall be expelled from school for a minimum period of two complete
18 school semesters.
19 (c)(i) Any case involving a student in kindergarten through grade five found
20 guilty of being in possession of a firearm on school property, on a school bus, or in
21 actual possession at a school-sponsored event, pursuant to a hearing as provided for
22 by Paragraph (1) of this Subsection, shall be expelled from school for a minimum
23 period of two complete school semesters and shall be referred to the district attorney
24 for appropriate action. However, the superintendent of a city, parish, or other local
25 public school system may modify the length of such minimum expulsion
26 requirement on a case-by-case basis, provided such modification is in writing.
27 (ii) Any case involving a student in kindergarten through grade five found
28 guilty of possession of, or knowledge of and intentional distribution of, or possession
29 with intent to distribute any illegal narcotic, drug, or other controlled substance on
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1 school property, on a school bus, or at a school sponsored event pursuant to a hearing
2 as provided for by Paragraph (1) of this Subsection shall be referred to the city,
3 parish, or other local public school board where the student attends school through
4 a recommendation for action from the superintendent.
5 (d)(i) Any student expelled from school may be readmitted on a probationary
6 basis to school at any time during the specified period of expulsion on such terms
7 and conditions as may be stipulated by the city, parish, or other local public school
8 board and agreed to in writing by the student and by the student's parent or other
9 person responsible for the student's school attendance. Such terms and conditions
10 may include but need not be limited to placing the student in a suitable alternative
11 education program as determined by the school board. However, any such written
12 agreement shall include a provision that upon the school principal or superintendent
13 of schools making a determination that the student has violated any term or condition
14 agreed to, the student shall be immediately removed from the school premises
15 without the benefit of any hearing or other procedure applicable to student out-of-
16 school suspensions and expulsions and returned to the school system's alternative
17 school setting. As soon thereafter as possible, the principal or his designee shall
18 provide verbal notice to the superintendent of schools of any such determination and
19 also shall attempt to provide such verbal notice to the student's parent or other person
20 responsible for the student's school attendance. The principal or his designee also
21 shall provide written notice of the determination and the reasons therefor to the
22 superintendent and to the student's parent or other responsible person.
23 (ii) Any student expelled pursuant to the provisions of this Subsection or
24 Subsection B of this Section seeking readmission on a probationary basis prior to the
25 end of the specified period of expulsion must also comply with the provisions of
26 Subparagraph (B)(3)(d) of this Section.
27 (iii) The provisions of this Subparagraph shall not be applicable to any
28 student found guilty by a court of competent jurisdiction, or adjudicated a delinquent
29 by a court of competent jurisdiction, of a criminal violation of any provision of Title
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1 14 of the Louisiana Revised Statutes of 1950 which is related to the reason for the
2 suspension, unless the judge finds otherwise.
3 (3)(a) Any student arrested for possession of, or intentional distribution of,
4 or possession with intent to distribute any illegal narcotic, drug, or other controlled
5 substance on school property shall be referred by the school principal or his
6 designee, within five days after such arrest, for testing or screening by a qualified
7 medical professional for evidence of abuse of alcohol, illegal narcotics, drugs, or
8 other controlled dangerous substances.
9 (b) If evidence of abuse is found, the student shall be referred principal or
10 his designee shall refer the student to an alcohol and drug abuse treatment
11 professional chosen by the student's parent or tutor legal guardian. If the student is
12 found by the professional to be in need of treatment, and if the student agrees to
13 cooperate in the recommended treatment, as certified in writing by the medical
14 professional, such documentation may be used to initiate reopening the student's
15 case. The school board shall take into consideration the student's agreement to
16 receive treatment as a positive factor in the final decision relative to any final
17 disciplinary action.
18 (4) The parent or tutor legal guardian of the pupil student who has been
19 recommended for expulsion pursuant to this Section may, within five days after the
20 decision is rendered, submit a request to the city, or parish, or other local public
21 school board to review the findings of the superintendent or his designee at a time
22 set by the school board; otherwise the decision of the superintendent shall be final.
23 If requested, as herein provided, and after reviewing the findings of the
24 superintendent or his designee, the school board may affirm, modify, or reverse the
25 action previously taken. The parent or tutor legal guardian of the pupil student shall
26 have such right of review even if the recommendation for expulsion is reduced to a
27 suspension. Each school board's code of conduct shall include information detailing
28 the appeal process provided in this Paragraph and Subparagraph (5)(a) of this
29 Subsection.
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1 (5)(a) The parent or tutor legal guardian of the pupil student who has been
2 recommended for expulsion pursuant to this Section may, within ten school days,
3 appeal to the district court for the parish in which the student's school is located, an
4 adverse ruling of the school board in upholding the action of the superintendent or
5 his designee. The court may reverse or revise the ruling of the school board upon a
6 finding that the ruling of the board was based on an absence of any relevant evidence
7 in support thereof. The parent or tutor legal guardian of the pupil student shall have
8 such right to appeal to the district court even if the recommendation for expulsion
9 is reduced to a suspension.
10 (b) If a judgment is rendered in favor of a student who sought judicial review
11 of a decision of a school board pursuant to this Paragraph, the judgment may include
12 an award for reasonable attorney fees if the court finds any school official acted in
13 a grossly negligent manner; with deliberate disregard for the consequences of his
14 actions to the student; with willful or malicious indifference; with intent to deprive
15 the student, his parent, guardian, or tutor of due process; or initiated a charge that is
16 knowingly false. The court may award any damages appropriate under the
17 circumstances and render any other appropriate relief including but not limited to
18 requiring the school board to issue an official apology letter, which shall be provided
19 to the student, his parent, legal guardian, or tutor, and retained in the student's
20 educational records.
21 D.(1) The conviction of any student of a felony or the incarceration of any
22 student in a juvenile institution for an act which had it been committed by an adult
23 would have constituted a felony may be cause for expulsion of the student for a
24 period of time as determined by the board. The expulsion shall require the vote of
25 two-thirds of the elected members of the school board, shall not be for a period of
26 time longer than the student's period of adjudication as determined by the applicable
27 court presiding over the student's criminal matter, and shall run concurrent to the
28 student's period of adjudication. If the student was serving an expulsion period when
29 the student was incarcerated for a separate offense and the student completes the
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1 period of incarceration with time left in the expulsion period, the superintendent or
2 his designee may require the student to serve the time left in the expulsion period.
3 (2) The conviction of any student of a felony or the incarceration of any
4 student in a juvenile institution for an act, whether said act is committed in this state
5 or outside this state, which had it been committed by an adult would have constituted
6 a felony in this state may be sufficient cause for any public school system
7 superintendent to refuse admission of said student to any school except upon review
8 and approval of a majority of the elected members of the school board when request
9 for admission is made to the board.
10 E. The provisions of this Section shall be applicable to exceptional children
11 students with exceptionalities provided special education services pursuant to Part
12 I of Chapter 8 of this Title or to students who have an Individualized Education
13 Program or a Section 504 Individualized Accommodation Plan to the maximum
14 extent allowed by federal law and rules applicable to the education of exceptional
15 children students with exceptionalities in the state. No policy adopted by the State
16 Board of Elementary and Secondary Education applicable to exceptional children
17 students with exceptionalities as provided in this Subsection shall be more restrictive
18 than required by federal law and rules.
19 F. Notwithstanding any provision of this Section to the contrary, school
20 officials shall have total discretion and shall exercise such discretion in imposing on
21 a pupil student any disciplinary actions authorized by this Section for possession by
22 a pupil student of a firearm or knife on school property when such firearm or knife
23 is stored in a motor vehicle and there is no evidence of the pupil's student's intent to
24 use the firearm or knife in a criminal manner.
25 G. The State Board of Elementary and Secondary Education shall formulate,
26 develop, adopt, and fully implement by not later than the beginning of the 1998-1999
27 school year methods and procedures for use as part of the board's school-approval
28 process to determine whether or not state laws and board policies regarding student
29 discipline are being fully complied with by a school's administrators, teachers, and
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1 other employees. Any school determined not to be in compliance with such laws and
2 procedures shall not be approved. The provisions of this Subsection shall not apply
3 to private nonpublic schools.
4 H.(1) Effective for the 1997-1998 school year and thereafter, no pupil No
5 student shall be disciplined in any manner by the governing authority of a public
6 elementary or secondary school or by any public elementary or secondary school
7 administrator, teacher, or other school employee for the use of force upon another
8 person when it can be reasonably concluded that the use of such force more probably
9 than not was committed solely for the purpose of preventing a forcible offense
10 against the pupil student or a forcible offense provided that the force used must be
11 reasonable and apparently necessary to prevent such offense.
12 (2) A pupil student who is the aggressor or who brings on a difficulty cannot
13 claim the right provided by this Subsection to defend himself.
14 I.(1) Effective beginning with the 1999-2000 school year and thereafter, any
15 Any public school administrator and any administrator's designee who is required to
16 make a recommendation, decide an issue, or take action in a matter involving the
17 discipline of a pupil student shall both recuse themselves from doing so whenever
18 a member of the immediate family of the school administrator or of the
19 administrator's designee is involved in any manner in the recommendation to be
20 made, the issue to be decided, or the action to be taken. In case of such recusal, the
21 recommendation shall be made by, the issued decided by, or the action taken by the
22 school system superintendent or an impartial designee of the superintendent.
23 (2) For the purposes of this Subsection, immediate family means the
24 individual's children, brothers, sisters, parents, and spouse and the children, brothers,
25 sisters, and parents of the spouse.
26 J.(1) Notwithstanding the provisions of this Section or any other provision
27 of law, a student enrolled in grades prekindergarten through five shall not be
28 suspended or expelled from school or suspended from riding on any school bus for
29 a uniform violation that is not tied to willful disregard of school policies.
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1 (2) Notwithstanding any other provision of law to the contrary, this
2 Subsection shall apply to charter schools. Furthermore, no charter school shall
3 suggest to a parent that it has the authority to suspend or expel a student for a
4 uniform violation that is not tied to willful disregard of school policies.
5 K. For the purposes of this Section, "virtual instruction" means instruction
6 provided to a student through an electronic delivery medium including but not
7 limited to electronic learning platforms that connect to a student in a remote location
8 to classroom instruction. A city, or parish, or other local public school board
9 discipline policy shall clearly define the rules of conduct and expectations of
10 students engaged in virtual instruction, shall provide for notice of such rules and
11 expectations to the parents and guardians of students, shall include clearly defined
12 consequences of conduct, shall be narrowly tailored to address compelling
13 government interests, and shall take into consideration the students' and their
14 families' rights to privacy and other constitutional rights while at home or in a
15 location that is not school property. The provisions of this Section herein related to
16 mandatory recommendation for expulsion shall not be applied to virtual instruction
17 received by a student in the student's home.
18 L. Each city, parish, or other local public school board shall maintain and
19 administer student codes of conduct that meet the minimum requirements of the
20 model master discipline plan as provided in R.S. 17:252. Codes of conduct shall
21 include progressive levels of minor through major infractions and identify
22 corresponding minor through major interventions and consequences. Before an
23 initial referral for a student's expulsion, codes of conduct shall require the prior
24 administration of interventions in accordance with the minor tiers in the code of
25 conduct, except in instances where the expulsion referral is the result of accumulated
26 minor infractions in accordance with the code of conduct, or the underlying incident
27 seriously threatens the safety of students or staff. Expulsions shall be reserved for
28 the major tier of behavioral infractions involving weapons or drugs, or when the
29 safety of students and staff has been put in imminent jeopardy.
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1 M. The state Department of Education shall publish annually and publish on
2 its website data regarding disciplinary removals disaggregated at the state, system,
3 and school level and also disaggregated and capable of cross-tabulation by the
4 characteristics of gender, race, disability, English language learner status, and
5 economically disadvantaged status. In reporting such data, the department shall
6 comply with all federal and state privacy laws and shall strive to ensure that all
7 relevant state accountability metrics are valid and reliable.
8 N. A public school governing authority that maintains a parish-wide student
9 expulsion process as required by R.S. 17:10.7.1(E)(4) may maintain and develop
10 policies and procedures for student expulsions without regard to the requirements of
11 this Section.
12 * * *
13 ยง3996. Charter schools; exemptions; requirements
14 * * *
15 B. Notwithstanding any state law, rule, or regulation to the contrary and
16 except as may be otherwise specifically provided for in an approved charter, a
17 charter school established and operated in accordance with the provisions of this
18 Chapter and its approved charter and the school's officers and employees shall be
19 exempt from all statutory mandates or other statutory requirements that are
20 applicable to public schools and to public school officers and employees except for
21 the following laws otherwise applicable to public schools with the same grades:
22 * * *
23 (40) Prohibits suspension or expulsion of students in grades prekindergarten
24 through five Discipline of students, R.S. 17:416(J).
25 * * *
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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 411 Reengrossed 2021 Regular Session Hughes
Abstract: Revises school discipline laws.
Present law provides relative to student discipline. Proposed law provides a comprehensive
revision of present law, applicable to all public schools, including charter schools.
Specific changes include the following:
(1)Requires school boards to adopt student codes of conduct and generally requires that
students be disciplined for violations of such codes rather than for a list of specific
behaviors defined by law. Requires that such codes of conduct include progressive
levels of minor through major infractions and identify corresponding minor through
major interventions and consequences.
(2)Provides additional disciplinary measures a principal may implement before
returning a student to the class room.
(3)Provides that conferences with parents may be held by telephone or virtual means.
(4)Makes present law requirements for discussions with the student and parents prior
to a suspension also applicable to assignment to alternative placements and
expulsions.
(5)Present law prohibits readmission to school of a student who damaged school
property until payment has been made for the damage. Proposed law makes the
provision applicable to damage to any property on school grounds or owned by an
employee or student. Proposed law also authorizes readmission of the student if
alternative restitution or an alternative payment plan has been arranged.
(6)Relative to students carrying knives, increases the minimum length of a knife blade
for which suspension is required from two to two and one-half inches.
(7)Requires prescription medicines be carried in their original packaging.
(8)Requires that expulsion hearings be held within 15 school days.
(9)Limits the length of certain expulsions for criminal behavior to the student's period
of adjudication as determined by a court.
(10)Requires the Dept. of Education to publish data on disciplinary removals.
(Amends R.S. 17:416 and 3996(B)(40))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Exempt students receiving virtual instruction at home from mandatory
recommendation for expulsion.
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2. Exempt certain school boards with schools returned from the Recovery School
District from the student expulsion process provided for in proposed law.
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