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2022 Regular Session
SENATE BILL NO. 256
BY SENATOR BARROW
SCHOOLS. Requires certain assessments of a student prior to suspension from school. (gov
sig)
1 AN ACT
2 To amend and reenact R.S. 17:223 and 416(A)(3)(b) and to repeal R.S. 17:223.1, relative to
3 the discipline of students; to require an assessment of a student prior to suspension;
4 and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 17:223 and 416(A)(3)(b) are hereby amended and reenacted to read
7 as follows:
8 §223. Discipline of pupils; suspension from school
9 A. Every teacher is authorized to hold every pupil student to a strict
10 accountability for any disorderly conduct in school or on the playground of the
11 school, or on any school bus going to or returning from school, or during
12 intermission or recess.
13 B. School principals may suspend from school any pupil a student for good
14 cause as stated in R.S. 17:416. Prior to suspending a student, for a period of
15 greater than three days, the principal shall ensure that the student is assessed
16 using an instrument such as the Adverse Childhood Experiences Assessment
17 developed by the Centers for Disease Control, that is designed to determine if
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1 the student has experienced trauma. The results of the assessment shall be
2 considered to determine whether the student's behavior may be better
3 addressed in a manner other than suspension.
4 C. In all cases of suspension, Principals the principal shall notify the
5 visiting teacher or supervisor of child welfare and attendance of all suspensions. In
6 all cases of suspensions, in writing, the parent, the superintendent of schools, and
7 the visiting teacher or supervisor of child welfare and attendance shall be notified in
8 writing of the facts concerning each suspension, including reasons therefor and terms
9 thereof.
10 * * *
11 §416. Discipline of students; suspension; expulsion
12 A. * * *
13 (3) * * *
14 (b)(i) Prior to any out-of-school suspension, assignment to alternative
15 placement, or expulsion, the school principal or his designee shall:
16 (aa) advise Advise the student in question of the particular misconduct of
17 which he is accused as well as the basis for such accusation, and.
18 (bb) Give the student shall be given an opportunity at that time to explain his
19 version of the facts to the school principal or his designee.
20 (cc) Ensure that the student is assessed using an instrument, such as the
21 Adverse Childhood Experiences Assessment developed by the Centers for
22 Disease Control, that is designed to determine if the student has experienced
23 trauma. The results of the assessment shall be used to determine whether the
24 student's behavior may be better addressed in a manner other than
25 out-of-school suspension, assignment to alternative placement, or expulsion.
26 (dd) In each case of out-of-school suspension, assignment to alternative
27 placement, or expulsion, the school principal or his designee shall contact, by
28 telephone at the telephone number shown on the student's registration card or by
29 electronic communication or a certified letter sent to the address shown on the
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1 student's registration card, the parent or legal guardian of the student in question
2 giving notice of the out-of-school suspension, assignment to alternative placement,
3 or expulsion, the reasons therefor, and establishing a date and time for a conference
4 with the principal or his designee as a requirement for readmitting the student. In the
5 case of expulsion, the contact with the parent or guardian shall include a certified
6 letter. If the parent or legal guardian fails to attend the required conference within
7 five school days of the mailing of the certified letter or other contact with the parent,
8 the truancy laws shall become effective. On not more than one the first occasion
9 each school year when the parent or legal guardian refuses to respond, the principal
10 may determine whether readmitting the student is in the best interest of the student.
11 On any subsequent occasions in the same school year, the student shall not be
12 readmitted unless the parent, legal guardian, court, or other appointed representative
13 responds.
14 (ii) A student whose presence in or about a school poses a continued danger
15 to any person or property or an ongoing threat of disruption to the academic process
16 shall be immediately removed from the school premises without the benefit of the
17 procedure described in this Item (i) of this Subparagraph; however, the necessary
18 procedure shall follow be followed as soon as is practicable.
19 (ii)(iii)(aa) If a teacher, principal, or other school employee is authorized by
20 this Section to require the parent or legal guardian of a student to attend a conference
21 or meeting regarding the student's behavior and, after notice, the parent or legal
22 guardian willfully refuses to attend, the principal or his designee shall file a
23 complaint with a court exercising juvenile jurisdiction pursuant to Children's Code
24 Articles 730(8) and 731. The principal may file a complaint pursuant to Children's
25 Code Article 730(1) or any other applicable ground when, in his judgment, doing so
26 is in the best interests of the student.
27 (bb) The principal, assistant principal, or child attendance and welfare
28 supervisor or his assistant of any school, public or nonpublic, shall be a
29 representative of an agency having the responsibility or ability to supply services to
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1 a family as that phrase is used in Children's Code Article 731(A).
2 * * *
3 Section 2. R.S. 17:223.1 is hereby repealed.
4 Section 3. The Louisiana State Law Institute is hereby authorized and directed to
5 redesignate R.S. 17:223 and 224, as designated prior to the enactment of this Act, as R.S.
6 17:416.1.1 and 416.1.2, and is further directed to redesignate any other section of law or
7 internal citations consistent with the provisions of this Act.
8 Section 4. This Act shall become effective upon signature by the governor or, if not
9 signed by the governor, upon expiration of the time for bills to become law without signature
10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11 vetoed by the governor and subsequently approved by the legislature, this Act shall become
12 effective on the day following such approval.
The original instrument was prepared by LG Sullivan. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Cheryl Serrett.
DIGEST
SB 256 Engrossed 2022 Regular Session Barrow
Present law provides generally for the discipline of students, including suspension.
Proposed law requires the principal, prior to suspending a student, for a period of greater
than three days, to ensure that the student is assessed using an instrument, such as the
Adverse Childhood Experiences Assessment developed by the Centers for Disease Control,
that is designed to determine if the student has experienced trauma. Further requires the
results of the assessment to be considered in determining whether the student's behavior may
be better addressed in a manner other than through suspension.
Proposed law repeals outdated law regarding in-school suspension pilot projects.
Proposed law authorizes and directs the Louisiana State Law Institute to redesignate R.S.
17:223 and 224, as designated prior to the enactment of proposed law, as R.S. 17:416.1.1 and
416.1.2, and to predesignate any other section of law or internal citations consistent with the
provisions of proposed law.
(Amends R.S. 17:223 and 416(A)(3)(b); repeals R.S. 17:223.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Changes to apply only to suspensions greater than 3 days.
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2. Changes how the information from the assessment is utilized in the
disciplinary actions.
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words in boldface type and underscored are additions.