RDCSB358 224 5011
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)]
SB 358 Reengrossed 2022 Regular Session Jackson
Present law requires the governing authority of each public elementary and secondary school
to adopt a student code of conduct that prohibits bullying. Defines bullying and provides
processes for reporting, investigating, and handling reports of bullying.
Proposed law requires all elementary and secondary schools to institute a program to
prohibit and prevent bullying. Proposed law further requires the program to:
(1)Define bullying.
(2)Ensure each student, parent or legal guardian of a student, school administrator,
teacher, school employee, and volunteer is aware of their duties and responsibilities
relative to preventing and stopping bullying.
(3)Provide a process for reporting and investigating alleged incidents of bullying.
(4)Provide for appropriate discipline of a student found guilty of bullying.
(5)Provide for appropriate remedies for a student found to have been bullied.
(6)Provide for a process to investigate and report persons for failure to act.
Proposed law requires BESE to adopt rules to require all approved nonpublic schools to
implement policies to prohibit bullying.
Proposed law requires the state Department of Education (DOE) to investigate any report
of any teacher, counselor, bus operator, administrator, or other school employee, whether
full- or part-time, who witnesses bullying or receives a firsthand report of bullying from a
student and who fails to report such incident to the appropriate school administrator. Further
requires the governing authority to suspend the individual who failed to report an incident
without pay. Provides that the length of the suspension shall be based on the severity of the
bullying incident.
Proposed law requires DOE to investigate any report of a school administrator or official
who has failed to notify a parent or legal guardian of a report of bullying, timely investigate
a report of bullying, take prompt and appropriate disciplinary action against a student that
was determined to have engaged in bullying, or report criminal conduct to the appropriate
law enforcement official. Further requires the governing authority to suspend the individual
who failed to report an incident without pay. Provides that the length of the suspension shall
be based on the severity of the bullying incident.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:416(A)(1)(b)(ii) (intro. para.) and (c)(ii)(dd), (2)(a), and (A)(4)(intro.
para.), (b), and (c), 416.13, 416.20(A), and 3996(B)(32); Adds R.S. 17:416.14)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Requires BESE to develop rules to ensure that approved nonpublic schools
implement policies prohibiting bullying.
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2. Provides relative to the crime of failure to report bullying.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Removes crime for failing to report and instead provides that such
individuals shall be suspended without pay.
3. Removes making faces from the definition of bullying.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
reengrossed bill:
1. Reinstate present law relative to prerequisite for parental relief.
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