2022 Regular Session ENROLLED
SENATE BILL NO. 358
BY SENATOR JACKSON AND REPRESENTATI VE THOMPSON
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 17:416(A)(1)(b)(ii),
3 416(A)(1)(c)(ii)(dd), (2)(a), the introductory paragraph of 416(A)(4), 416(A)(4)(b)
4 and (c), 416.13, 416.20(A), and 3996(B)(32) and to enact R.S. 17:416.14, relative to
5 bullying; to renumber and reorganize present law relative to bullying; to require all
6 elementary and secondary schools to institute a program to prohibit and prevent
7 bullying; to provide for fines for failure to act; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. The introductory paragraph of R.S. 17:416(A)(1)(b)(ii),
10 416(A)(1)(c)(ii)(dd), (2)(a), the introductory paragraph of 416(A)(4), 416(A)(4)(b) and (c),
11 416.13, 416.20(A), and 3996(B)(32) are hereby amended and reenacted and R.S. 17:416.14
12 is hereby enacted to read as follows:
13 §416. Discipline of students; suspension; expulsion
14 A.(1) * * *
15 (b) * * *
16 (ii) In addition to those procedures set forth in R.S. 17:416.13 R.S. 17:416.14
17 regarding bullying, disciplinary action by a school employee may include but is not
18 limited to:
19 * * *
20 (c) * * *
21 (ii) * * *
22 (dd) The principal or designee shall follow all procedures set forth in R.S.
23 17:416.13 R.S. 17:416.14 regarding bullying.
24 * * *
25 (2) As used in this Section:
ACT No. 697
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1 (a) "Bullying" is defined in R.S. 17:416.13 R.S. 17:416.14.
2 * * *
3 (4) The governing authority of each public elementary and secondary school
4 shall adopt such rules and regulations as it deems necessary to implement the
5 provisions of this Subsection and of R.S. 17:416.13 R.S. 17:416.14. Such rules and
6 regulations shall include but not be limited to the following provisions:
7 * * *
8 (b) Procedures implementing the provisions of R.S. 17:416.13 R.S. 17:416.14
9 regarding 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 R.S. 17:416.14, or explain the reasons for failing to act to the local
13 superintendent of schools or his designee and to the teacher, other school employee,
14 student, parent, or legal guardian reporting the violation.
15 * * *
16 §416.13. Student code of conduct; requirement; bullying; prohibition; notice;
17 reporting; accountability
18 A. Code of Conduct. The governing authority of each public elementary and
19 secondary school shall adopt a student code of conduct for the students in the schools
20 under its jurisdiction. The code of conduct shall be in compliance with all existing
21 rules, regulations, and policies of the school board local school governing authority
22 and of the State Board of Elementary and Secondary Education and all state laws
23 relative to student discipline and shall include any necessary disciplinary action to
24 be taken against any student who violates the code of conduct.
25 B. Bullying Policy. (1) The governing authority of each public elementary
26 and secondary school shall adopt, and incorporate into the student code of conduct,
27 a policy prohibiting the bullying of a student by another student, which includes the
28 definition of bullying as provided in Subsection C of this Section R.S. 17:416.14.
29 This policy must shall be implemented in a manner that is ongoing throughout the
30 school year and integrated with a school's curriculum, a school's discipline policies,
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1 and other violence prevention efforts.
2 §416.14. Bullying; definition; prohibition; notice; reporting; accountability
3 A. For the purposes of this Title, "bullying" shall mean:
4 (1) A pattern of any one or more of the following:
5 (a) Gestures, including but not limited to obscene gestures.
6 (b) Written, electronic, or verbal communications, including but not
7 limited to calling names, threatening harm, taunting, malicious teasing, or
8 spreading untrue rumors. Electronic communication includes but is not limited
9 to a communication or image transmitted by email, instant message, text
10 message, blog, or social networking website through the use of a telephone,
11 mobile phone, pager, computer, or other electronic device.
12 (c) Physical acts, including but not limited to hitting, kicking, pushing,
13 tripping, choking, damaging personal property, or unauthorized use of personal
14 property.
15 (d) Repeatedly and purposefully shunning from activities.
16 (2)(a) Where the pattern of behavior as provided in Paragraph (1) of this
17 Subsection is exhibited toward a student, more than once, by another student
18 or group of students and occurs, or is received by, a student while on school
19 property, at a school-sponsored or school-related function or activity, at any
20 designated school bus stop, in any school bus or any other school or private
21 vehicle used to transport students to and from school or any school-sponsored
22 activity or event.
23 (b) The pattern of behavior as provided in Paragraph (1) of this
24 Subsection shall have the effect of physically harming a student, placing the
25 student in reasonable fear of physical harm, damaging a student's property,
26 placing the student in reasonable fear of damage to the student's property, or
27 shall be sufficiently severe, persistent, and pervasive enough to either create an
28 intimidating or threatening educational environment, have the effect of
29 substantially interfering with a student's performance in school, or have the
30 effect of substantially disrupting the orderly operation of the school.
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1 B. Each elementary and secondary school shall institute a program to
2 prohibit and prevent bullying. The program shall:
3 (1) Define bullying as provided in Subsection A of this Section.
4 (2) Ensure each student, each student's parent or legal guardian, and
5 each school administrator, teacher, counselor, bus operator, school employee,
6 and volunteer is aware of his duties and responsibilities relative to preventing
7 and stopping bullying.
8 (3) Provide for a process for reporting and investigating alleged incidents
9 of bullying.
10 (4) Provide for appropriate discipline of a student found guilty of
11 bullying.
12 (5) Provide for appropriate remedies for a student found to have been
13 bullied.
14 (6) Provide for procedures for investigating and reporting each school
15 administrator, teacher, counselor, bus operator, and school employee for failure
16 to act as provided in Subsection I of this Section.
17 (2)C. The governing authority of each public elementary and secondary
18 school shall:
19 (a)(1) Conduct a review of the student code of conduct required by this
20 Section R.S. 17:416.13 and amend the code as may be necessary to assure that the
21 policy prohibiting the bullying of a student by another student specifically addresses
22 the behavior constituting bullying, the effect the behavior has on others, including
23 bystanders, and the disciplinary and criminal consequences, and includes the
24 definition of bullying as provided in Subsection C A of this Section.
25 (b)(2) Create a program to provide a minimum of four hours of training for
26 new employees who have contact with students and two hours of training each year
27 for all school employees who have contact with students, including bus operators,
28 with respect to bullying. The training shall specifically include the following:
29 (i)(a) How to recognize the behaviors defined as bullying in Subsection C A
30 of this Section.
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1 (ii)(b) How to identify students at each grade level in the employee's school
2 who are most likely to become victims of bullying, while not excluding any student
3 from protection from bullying.
4 (iii)(c) How to use appropriate intervention and remediation techniques and
5 procedures.
6 (iv)(d) The procedures by which incidents of bullying are to be reported to
7 school officials.
8 (v)(e) Information on suicide prevention, including the relationship between
9 suicide risk factors and bullying. This content shall be based on information
10 supported by peer-reviewed research conducted in compliance with accepted
11 scientific methods and recognized as accurate by leading professional organizations
12 and agencies with relevant experience.
13 C. Definition of Bullying. "Bullying" means:
14 (1) A pattern of any one or more of the following:
15 (a) Gestures, including but not limited to obscene gestures and making faces.
16 (b) Written, electronic, or verbal communications, including but not limited
17 to calling names, threatening harm, taunting, malicious teasing, or spreading untrue
18 rumors. Electronic communication includes but is not limited to a communication
19 or image transmitted by email, instant message, text message, blog, or social
20 networking website through the use of a telephone, mobile phone, pager, computer,
21 or other electronic device.
22 (c) Physical acts, including but not limited to hitting, kicking, pushing,
23 tripping, choking, damaging personal property, or unauthorized use of personal
24 property.
25 (d) Repeatedly and purposefully shunning or excluding from activities.
26 (2)(a) Where the pattern of behavior as provided in Paragraph (1) of this
27 Subsection is exhibited toward a student, more than once, by another student or
28 group of students and occurs, or is received by, a student while on school property,
29 at a school-sponsored or school-related function or activity, in any school bus or van,
30 at any designated school bus stop, in any other school or private vehicle used to
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1 transport students to and from schools, or any school-sponsored activity or event.
2 (b) The pattern of behavior as provided in Paragraph (1) of this Subsection
3 must have the effect of physically harming a student, placing the student in
4 reasonable fear of physical harm, damaging a student's property, placing the student
5 in reasonable fear of damage to the student's property, or must be sufficiently severe,
6 persistent, and pervasive enough to either create an intimidating or threatening
7 educational environment, have the effect of substantially interfering with a student's
8 performance in school, or have the effect of substantially disrupting the orderly
9 operation of the school.
10 D. The State Board of Elementary and Secondary Education, in collaboration
11 with the state Department of Education, shall develop and adopt rules and
12 regulations to implement the provisions of this Section relative to the procedures and
13 processes to be used to report and investigate bullying and which shall include but
14 not be limited to:
15 (1) Notice to Students and Parents. The governing authority of each public
16 elementary and secondary school shall inform each student, orally and in writing at
17 the orientation required under R.S. 17:416.20, of the prohibition against bullying of
18 a student by another student, the nature and consequences of such actions, including
19 the potential criminal consequences and loss of driver's license as provided in R.S.
20 17:416.1, and the proper process and procedure for reporting any incidents involving
21 such prohibited actions. A copy of the written notice shall also be delivered to each
22 student's parent or legal guardian.
23 (2) Reporting. (a) The governing authority of each public elementary and
24 secondary school shall develop a procedure for the reporting of incidents of bullying.
25 This shall include a form for the purposes of bullying reports. The form shall include
26 an affirmation of truth of statement. Any bullying report submitted regardless of
27 recipient shall use this form, but additional information may be provided. The form
28 shall be available on the Department of Education's website and the website of each
29 public elementary and secondary school.
30 (b) Students and parents. Any student who believes that he has been, or is
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1 currently, the victim of bullying, or any student, or any parent or legal guardian, who
2 witnesses bullying or has good reason to believe bullying is taking place, may report
3 the situation to a school official. A student, or parent or legal guardian, may also
4 report concerns regarding bullying to a teacher, counselor, other school employee,
5 or to any parent chaperoning or chaperone supervising a school function or activity.
6 Any report of bullying shall remain confidential.
7 (c) School personnel. Any teacher, counselor, bus operator, or other school
8 employee, whether full- or part-time, and any parent chaperoning or chaperone
9 supervising a school function or activity, who witnesses bullying or who learns of
10 bullying from a student pursuant to Subparagraph (b) of this Paragraph, shall report
11 the incident to a school official. A verbal report shall be submitted by the school
12 employee or the parent on the same day as the employee or parent witnessed or
13 otherwise learned of the bullying incident, and a written report shall be filed no later
14 than two days thereafter.
15 (d) Retaliation. Retaliation against any person who reports bullying in good
16 faith, who is thought to have reported bullying, who files a complaint, or who
17 otherwise participates in an investigation or inquiry concerning allegations of
18 bullying is prohibited conduct and subject to discipline. School and district resources
19 shall not be used to prohibit or dissuade any person who meets the specifications of
20 this Subparagraph.
21 (e) False Reports. Intentionally making false reports about bullying to school
22 officials is prohibited conduct and will result in the appropriate disciplinary measures
23 as determined by the governing authority of the school in accordance with the rules
24 and regulations of the State Board of Elementary and Secondary Education.
25 (3) Investigation Procedure. The State Board of Elementary and Secondary
26 Education shall develop and adopt a procedure for the investigation of reports of
27 bullying of a student by another student. The procedure shall include the following:
28 (a) Scope of investigation. An investigation shall include an interview of the
29 reporter, the alleged victim, the alleged bully, and any witnesses, and shall include
30 obtaining copies or photographs of any audio-visual evidence.
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1 (b) Timing. The school shall begin an investigation of any complaint that is
2 properly reported and that alleges conduct prohibited in this Section the next
3 business day during which school is in session after the report is received by the
4 school official. The investigation shall be completed not later than ten school days
5 after the date the written report of the incident is submitted to the appropriate school
6 official. If additional information is received after the end of the ten-day period, the
7 school principal or his designee shall amend all documents and reports required by
8 this Section to reflect such information.
9 (c) Appeal. (i) If the school official does not take timely and effective action
10 pursuant to this Section, the student, parent or legal guardian, or school employee
11 may report the bullying incident to the city, parish, or other local school board or
12 local school governing authority. The school board or school governing authority
13 shall begin an investigation of any complaint that is properly reported and that
14 alleges conduct prohibited in this Section the next business day during which school
15 is in session after the report is received by a school board or the governing authority
16 official.
17 (ii) If the school board local school governing authority does not take
18 timely and effective action, the student, parent or legal guardian, or other school
19 employee may report the bullying incident to the state Department of Education. The
20 department shall track the number of reports, shall notify in writing the
21 superintendent and the president of the school's governing authority, and shall
22 publish the number of reports by school district or governing authority on its website.
23 The department shall provide both the number of actual reports received and the
24 number of reports received by affected student.
25 (iii) For the purposes of this Section, a report means a written document that
26 meets the requirements of Subparagraph (2)(a) of this Subsection.
27 (d) Parental Notification. (i) Upon receiving a report of bullying, the school
28 official shall notify the student's parent or legal guardian of each involved student
29 according to the definition of notice created by the state Department of Education.
30 (ii) Under no circumstances shall the delivery of the notice to the parent or
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1 legal guardian, which is required by this Subsection, be the responsibility of an
2 involved student. Delivery of the notice by an involved student shall not constitute
3 notice as is required pursuant to this Subsection.
4 (iii) Before any student under the age of eighteen is interviewed, his parent
5 or legal guardian shall be notified by the school official of the allegations made and
6 shall have the opportunity to attend any interviews with his child conducted as part
7 of the investigation. If, after three attempts in a forty-eight-hour period, the parents
8 or legal guardians of a student cannot be reached or do not respond, the student may
9 be interviewed.
10 (iv) The State Board of Elementary and Secondary Education, in
11 collaboration with the state Department of Education, shall develop a procedure for
12 meetings with the parent or legal guardian of the alleged victim and the parent or
13 legal guardian of the alleged perpetrator. This procedure shall include:
14 (aa) Separate meetings with the parents or legal guardians of the alleged
15 victim and the parents or legal guardians of the alleged perpetrator.
16 (bb) Notification of parents or legal guardians of the alleged victim and of
17 the alleged perpetrator of the available potential consequences, penalties, and
18 counseling options.
19 (cc) In any case where a teacher, principal, or other school employee is
20 authorized in this Section to require the parent or legal guardian of a student who is
21 under the age of eighteen and not judicially emancipated or emancipated by marriage
22 to attend a conference or meeting regarding the student's behavior and, after notice,
23 the parent, tutor, or legal guardian willfully refuses to attend, that the principal or his
24 designee shall file a complaint with a court exercising juvenile jurisdiction, pursuant
25 to Children's Code Article 730(8) and 731. The principal may file a complaint
26 pursuant to Children's Code Article 730(1) or any other applicable ground when, in
27 his judgment, doing so is in the best interests of the student.
28 (e) Disciplinary Action. If the school has received a report of bullying, has
29 determined that an act of bullying has occurred, and after meeting with the parent or
30 legal guardian of the students involved, the school official shall:
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1 (i) Take prompt and appropriate disciplinary action, pursuant to R.S. 17:416
2 and 416.1, against the student that the school official determines has engaged in
3 conduct which constitutes bullying, if appropriate.
4 (ii) Report criminal conduct to law enforcement, if appropriate.
5 (f) Parental Relief. (i) If a parent, legal guardian, teacher, or other school
6 official has made four or more reports of separate instances of bullying, as provided
7 in Paragraph (2) of this Subsection, and no investigation pursuant to Paragraph (3)
8 of this Subsection has occurred, the parent or legal guardian with responsibility for
9 decisions regarding the education of the alleged victim about whom the report or
10 reports have been made may exercise an option to have the student enroll in or attend
11 another school operated by the governing authority of the public elementary or
12 secondary school in which the student was enrolled on the dates when at least three
13 of the reports were submitted.
14 (ii) The parent or legal guardian shall file a request with the local school
15 superintendent for the transfer of the student to another school under the governing
16 authority's jurisdiction.
17 (iii) The governing authority of the public elementary or secondary school
18 in which the student is enrolled shall make a seat available at another public
19 elementary or secondary school under its jurisdiction within ten school days of the
20 parent or legal guardian's request for a transfer. If the governing authority has no
21 other school under its jurisdiction serving the grade level of the alleged victim,
22 within fifteen school days of receiving the request, the superintendent or director of
23 the governing authority shall:
24 (aa) Inform the student and his parent or legal guardian and facilitate the
25 student's enrollment in a statewide virtual school.
26 (bb) Offer the student a placement in a full-time virtual program or virtual
27 school under the jurisdiction of the school's governing authority.
28 (cc) Enter into a memorandum of understanding with the superintendent or
29 director of another governing authority to secure a placement and provide for the
30 transfer of the student to a school serving the grade level of the alleged victim under
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1 the jurisdiction of the cooperating governing authority, pursuant to R.S. 17:105 and
2 105.1.
3 (iv) If no seat or other placement pursuant to Item (iii) of this Subparagraph
4 is made available within thirty calendar days of the receipt by the local school
5 superintendent of the request, the parent or legal guardian may request a hearing with
6 the school's governing authority, which shall be public or private at the option of the
7 parent or legal guardian. The school's governing authority shall grant the hearing at
8 the next scheduled meeting or within sixty calendar days, whichever is sooner.
9 (v) At the end of any school year, the parent or legal guardian may make a
10 request to the governing authority of the school at which the student was enrolled
11 when at least three of the reports were filed to transfer the student back to the school.
12 The governing authority shall make a seat available at the school at which the student
13 was originally enrolled. No other schools shall qualify for transfer under this
14 Subparagraph.
15 (g) Documentation. (i) The state Department of Education shall develop a
16 behavior incidence checklist that the governing authority of each public elementary
17 and secondary school shall use to document the details of each reported incident of
18 bullying.
19 (ii) The governing authority of each public elementary and secondary school
20 shall report all such documented incidences of bullying to the state Department of
21 Education as prescribed in rules adopted by the State Board of Elementary and
22 Secondary Education in accordance with the Administrative Procedure Act and
23 documented incidents in reports received by the local superintendent of schools
24 pursuant to R.S. 17:415.
25 (iii) After the investigation and meeting with the parents or legal guardians
26 of each involved student, pursuant to this Section, a school, local school board or
27 other or local school governing authority shall:
28 (aa) Compose a written document containing the findings of the
29 investigation, including input from the involved students' parents or legal guardian,
30 and the decision by the school or school system official. The document shall be
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1 placed in the school records of both students each involved student.
2 (bb) Promptly notify the complainant of the findings of the investigation and
3 that remedial action has been taken, if such release of information does not violate
4 the law.
5 (cc) Keep complaints and investigative reports confidential, except as
6 provided in this Section and where disclosure is required to be made pursuant to 20
7 U.S.C. 1232g or by other applicable federal laws, rules, or regulations or by state
8 law.
9 (dd) Maintain complaints and investigative reports for three years in the event
10 that disclosure is warranted by law enforcement officials.
11 (ee) As applicable, provide a copy of any reports and investigative documents
12 to the governing authority of the school in order that the governing authority can
13 comply with the provisions of R.S. 17:416.1.
14 (ff) As applicable, provide a copy of any reports and investigative documents
15 to the state Department of Education. Upon receipt, the department shall remove any
16 reports related to the investigative documents from notation on the department's
17 website, but shall maintain a record of those reports for three years.
18 (gg) As applicable, provide a copy of any reports and investigative
19 documents to the appropriate law enforcement officials.
20 E. Parental Responsibilities. Nothing herein shall be deemed to interfere with
21 the authority and the responsibility that a parent or legal guardian has for the student
22 at all times, but particularly when the student is not on the school premises, is not
23 engaged in a school-sponsored function or school-sponsored activity, and is not
24 being transported by school-sponsored means of transportation.
25 F. This Section shall not be interpreted to conflict with or supercede the
26 provisions requiring mandatory reporting pursuant to Louisiana Children's Code
27 Article 609 and as enforced through R.S. 14:403.
28 G. Preclusion. (1) This Section shall not be interpreted to prevent a victim of
29 bullying, or his parent or legal guardian, from seeking redress under any other
30 available law, either civil or criminal.
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1 (2) Nothing in this Section is intended to infringe upon the right of a school
2 employee or student to exercise their right of free speech.
3 H. Construction; equal protection. All students subject to the provisions of
4 this Section shall be protected equally and without regard to the subject matter or the
5 motivating animus of the bullying.
6 I. The State Board of Elementary and Secondary Education shall adopt
7 rules to require all approved nonpublic schools to implement bullying policies
8 to those required of public schools.
9 J. Failure to act. (1) Any teacher, counselor, bus operator, administrator,
10 or other school employee, whether full- or part-time, who witnesses bullying or
11 who receives a report of bullying from an alleged victim, and who fails to report
12 the incident to a school official shall be investigated by the school governing
13 authority. Upon finding a reasonable expectation that the individual failed to
14 act, the school governing authority shall suspend the individual without pay.
15 The length of the suspension shall be determined by the school's governing
16 authority based on the severity of the bullying inflicted on the victim. The school
17 governing authority shall report each finding of a failure to report and the
18 length of suspension issued to each employee who failed to report to the state
19 Department of Education.
20 (2) Any school administrator or official who fails to notify a parent or
21 legal guardian of a report of bullying, timely investigate a report of bullying,
22 take prompt and appropriate disciplinary action against a student that was
23 determined to have engaged in bullying, or report criminal conduct to the
24 appropriate law enforcement official shall be investigated by the school
25 governing authority. Upon finding a reasonable expectation that the individual
26 failed to act, the school governing authority shall suspend the individual without
27 pay. The length of the suspension shall be determined by the school's governing
28 authority based on the severity of the bullying inflicted on the victim. The school
29 governing authority shall report each finding of a failure to report bullying and
30 the length of suspension issued to the employee who failed to report to the
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1 department. The report shall be submitted by August first annually.
2 (3) The department shall provide a report to the state board on the
3 number of reports of failures to report bullying received by the department
4 from school governing authorities. The report shall be submitted by September
5 first annually.
6 * * *
7 §416.20. Student conduct standards; awareness and understanding by students;
8 required orientation; guidelines
9 A. In addition to any other requirements established by law, rule, or
10 regulation relative to student discipline and conduct, the governing authority of a
11 public elementary or secondary school shall require that every student be provided
12 an orientation during the first five days of each school year regarding school
13 disciplinary rules and provisions of the code of student conduct applicable to such
14 students, including but not limited to the policy on bullying as provided in R.S.
15 17:416.13 R.S. 17:416.14. Orientation instruction shall be provided by the school
16 principal or his designees and shall include but not be limited to consequences for
17 failing to comply with such school disciplinary rules and code requirements,
18 including suspension, expulsion, the possibility of suspension of a student's driver's
19 license for one year as provided in R.S. 17:416.1, and the possible criminal
20 consequences of violent acts committed on school property, at a school-sponsored
21 function, or in a firearm-free zone. The orientation also shall clearly communicate
22 to students the rights afforded teachers pursuant to R.S. 17:416.18 and other
23 applicable law relative to the discipline of students.
24 * * *
25 §3996. Charter schools; exemptions; requirements
26 * * *
27 B. Notwithstanding any state law, rule, or regulation to the contrary and
28 except as may be otherwise specifically provided for in an approved charter, a
29 charter school established and operated in accordance with the provisions of this
30 Chapter and its approved charter and the school's officers and employees shall be
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1 exempt from all statutory mandates or other statutory requirements that are
2 applicable to public schools and to public school officers and employees except for
3 the following laws otherwise applicable to public schools with the same grades:
4 * * *
5 (32) Procedures on bullying pursuant to R.S. 17:416.13 R.S. 17:416.14.
6 * * *
7 Section 2. This Act shall become effective upon signature by the governor or, if not
8 signed by the governor, upon expiration of the time for bills to become law without signature
9 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
10 vetoed by the governor and subsequently approved by the legislature, this Act shall become
11 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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