HLS 23RS-297 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 86
BY REPRESENTATIVES HODGES, ADAMS, AMEDEE, BAGLEY, BOYD, BUTLER,
CARRIER, CORMIER, COX, DAVIS, ECHOLS, EDMONDS, EDMONSTON,
EMERSON, FREIBERG, FRIEMAN, GAROFALO, HARRIS, HORTON,
JEFFERSON, KNOX, MACK, CHARLES OWEN, SCHLEGEL, SEABAUGH,
STAGNI, AND THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/EMPLOYEES: Creates the "Protect Teachers Act"
1 AN ACT
2To amend and reenact R.S. 17:416.11, relative to liability of school employees; to provide
3 for immunity from civil liability and criminal prosecution under certain
4 circumstances; to provide for an exception; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 17:416.11 is hereby amended and reenacted to read as follows:
7 ยง416.11. Discipline of pupils; limitation of liability
8 A. No A teacher, principal, or administrator in a public school system or in
9 an approved nonpublic school shall be personally liable immune from civil liability
10 for any act or failure to act in the directing of or disciplining of school children
11 students under his care and supervision, unless such act or failure to act was
12 malicious and willfully and deliberately intended to cause bodily harm.
13 B.(1) A teacher, principal, or administrator in a public school system or in
14 an approved nonpublic school who intervenes and acts in justifiable defense to
15 protect a student or a school employee from a battery or aggravated battery
16 committed by one or more students shall be immune from civil liability and criminal
17 prosecution unless the act of intervention was malicious and willfully and
18 deliberately intended to cause bodily harm.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-297 REENGROSSED
HB NO. 86
1 (2) Nothing in this Subsection shall require a teacher, principal, or
2 administrator to intervene in a battery or aggravated battery committed by a student.
3 B. C. This Section shall not be applicable to the operation, use, or
4 maintenance of any motor vehicle.
5 Section 2. This Act shall be cited and referred to as the "Protect Teachers Act".
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 86 Reengrossed 2023 Regular Session Hodges
Abstract: Provides relative to liability of a public school teacher, principal, or administrator
for intervening to protect a student or school employee from a battery or aggravated
battery.
Present law provides that no teacher, principal, or administrator in a public school system
or in an approved nonpublic school shall be personally liable for any act or failure to act in
the directing of or disciplining of school children under his care and supervision, unless such
act or failure to act was malicious and willfully and deliberately intended to cause bodily
harm.
Proposed law amends present law to provide immunity from civil liability for any teacher,
principal, or administrator in a public school system or in an approved nonpublic school who
acts or fails to act in the directing of or disciplining of school students under his care and
supervision, unless such act or failure to act was malicious and willfully and deliberately
intended to cause bodily harm.
Proposed law provides immunity from civil liability and criminal prosecution for a teacher,
principal, or administrator in a public school system or in an approved nonpublic school who
intervenes and acts in justifiable defense to protect a student or a school employee from a
battery or aggravated battery committed by one or more students unless the act of
intervention was malicious and willfully and deliberately intended to cause bodily harm.
Proposed law provides that no teacher, principal, or administrator shall be required to
intervene in a battery or aggravated battery.
Proposed law shall be cited and referred to as the "Protect Teachers Act".
(Amends R.S. 17:416.11)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Specify that a teacher, principal, or administrator shall not be required to
intervene in a battery or aggravated battery.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.