Louisiana S.B. 764

Louisiana S.B. 764

Anti-Bullying

Provides this act is be known as the "Tesa Middlebrook Anti-Bullying Act." Includes disciplinary records in 17:416(A)(4) to records superintendents and teachers must keep. Permits principal's salary to be withheld until such report is satisfactorily made. Directs other school employees (previously was only teachers) to endeavor to hold all students to a strict accountability for disorderly conduct; extends such provision to conduct on any school bus or at any school-sponsored activity or function. Authorizes a teacher to take disciplinary action to correct a student who engages in bullying. Adds bullying to the infractions for which a student may have a student immediately removed from the classroom and placed in the principal's (or principal's designee's) custody. Directs a principal or designee to follow all specified procedures in the student code of conduct (as set forth in RS 17:416.13) regarding bullying. Extends infractions for which a student may be suspended or suspended from riding a school bus to include bullying. Directs the governing authority of each public elementary and secondary school to adopt rules and regulations to implement specific disciplinary provisions, including RS 17:416.13, including rules and regs to include bullying at a bus stop or on the bus in a menu of check-off items indicating the nature of a disciplinary incident. Also requires public school rules and regulations to include procedures implementing the provisions of R.S. 17:416.13 regarding bullying. Expands language to allow a student, parent, or legal guardian to report a violation. Provides nothing requires a local board to indemnify an employee if a judgment decrees that an employee purposefully or with gross disregard of the facts ignored complaints from a student, or the student's parent/guardian, that the studentwas being bullied and the bullying led to the physical harm or death of the student.

Rewrites statutory definition of bullying in RS 416.13(C). Requires a local anti-bullying policy to include the statutory definition of bullying. Requires that the policy be implemented in an ongoing manner throughout the school year and integrated with a school's curriculum, discipline policies, and other violence prevention efforts. Removes references to/definition of "harassment" and "intimidation." By January 2013, directs each public elementary and secondary school's governing authority to (1) conduct a study of the student code of conduct and amend as necessary to ensure the code addresses the behavior constituting bullying, the effect the behavior has on others, including bystanders, and the disciplinary and criminal consequences, and includes the statutory definition of bullying; (2) create a program to annually provide at least four hours of training for all school employees, including bus drivers, with respect to bullying, that includes specified components, including the relationship between suicide risk factors and bullying. Prior to January 1, 2013, directs the state board, in collaboration with the department of education, to adopt rules and regulations to implement procedures for reporting and investigating bullying; requires rules and regulations to include specific components.

Requires notice of prohibition of bullying to be annually provided each at a specified orientation, and for the notification to include potential consequences of bullying actions, including potential criminal consequences and loss of driver's license. Requires a copy of the written notice to be delivered to each student's parent/guardian. Amends bullying reporting procedures, including who may report and requiring school staff and parents chaperoning a school activity to report an incident to a school official. Prohibits retaliation against those reporting or investigating alleged bullying incidents. Prohibits false reports of bullying. By January 2013, directs the state board to adopt a procedure for the investigation of bullying incidents. Requires the procedure to include specified components related to scope of investigation, timing, appeal, parental notification, disciplinary action, parental relief, and documentation of incidents. Provides that if a school board does not take timely and effective action after an investigation has been appealed from a school official to the board, the student, parent, or other school employee may report the bullying incident to the state department of education. Establishes department reporting requirements. Provides equal protection to all students, regardless of subject matter or the motivating animus of the bullying. Requires each student's orientation at the start of the school year on school disciplinary rules and provisions include state policy on bullying. Requires that consequences indicated in orientation for failing to comply with school disciplinary rules include suspension, expulsion, the possibility of suspension of a student's driver's license for one year as provided in R.S. 17:416.1, and the possible criminal consequences of violent acts committed on school property, at a school-sponsored function, or in a firearm-free zone. Provides that charter schools are not exempt from statutory anti-bullying provisions. http://legis.la.gov/billdata/streamdocument.asp?did=812568

Source:
legis.la.gov

Status: Signed into law Status Date: 06/14/2012

Louisiana S.B. 764
Anti-Bullying
Provides this act is be known as the "Tesa Middlebrook Anti-Bullying Act." Includes disciplinary records in 17:416(A)(4) to records superintendents and teachers must keep. Permits principal's salary to be withheld until such report is satisfactorily made. Directs other school employees (previously was only teachers) to endeavor to hold all students to a strict accountability for disorderly conduct; extends such provision to conduct on any school bus or at any school-sponsored activity or function. Authorizes a teacher to take disciplinary action to correct a student who engages in bullying. Adds bullying to the infractions for which a student may have a student immediately removed from the classroom and placed in the principal's (or principal's designee's) custody. Directs a principal or designee to follow all specified procedures in the student code of conduct (as set forth in RS 17:416.13) regarding bullying. Extends infractions for which a student may be suspended or suspended from riding a school bus to include bullying. Directs the governing authority of each public elementary and secondary school to adopt rules and regulations to implement specific disciplinary provisions, including RS 17:416.13, including rules and regs to include bullying at a bus stop or on the bus in a menu of check-off items indicating the nature of a disciplinary incident. Also requires public school rules and regulations to include procedures implementing the provisions of R.S. 17:416.13 regarding bullying. Expands language to allow a student, parent, or legal guardian to report a violation. Provides nothing requires a local board to indemnify an employee if a judgment decrees that an employee purposefully or with gross disregard of the facts ignored complaints from a student, or the student's parent/guardian, that the studentwas being bullied and the bullying led to the physical harm or death of the student. Rewrites statutory definition of bullying in RS 416.13(C). Requires a local anti-bullying policy to include the statutory definition of bullying. Requires that the policy be implemented in an ongoing manner throughout the school year and integrated with a school's curriculum, discipline policies, and other violence prevention efforts. Removes references to/definition of "harassment" and "intimidation." By January 2013, directs each public elementary and secondary school's governing authority to (1) conduct a study of the student code of conduct and amend as necessary to ensure the code addresses the behavior constituting bullying, the effect the behavior has on others, including bystanders, and the disciplinary and criminal consequences, and includes the statutory definition of bullying; (2) create a program to annually provide at least four hours of training for all school employees, including bus drivers, with respect to bullying, that includes specified components, including the relationship between suicide risk factors and bullying. Prior to January 1, 2013, directs the state board, in collaboration with the department of education, to adopt rules and regulations to implement procedures for reporting and investigating bullying; requires rules and regulations to include specific components. Requires notice of prohibition of bullying to be annually provided each at a specified orientation, and for the notification to include potential consequences of bullying actions, including potential criminal consequences and loss of driver's license. Requires a copy of the written notice to be delivered to each student's parent/guardian. Amends bullying reporting procedures, including who may report and requiring school staff and parents chaperoning a school activity to report an incident to a school official. Prohibits retaliation against those reporting or investigating alleged bullying incidents. Prohibits false reports of bullying. By January 2013, directs the state board to adopt a procedure for the investigation of bullying incidents. Requires the procedure to include specified components related to scope of investigation, timing, appeal, parental notification, disciplinary action, parental relief, and documentation of incidents. Provides that if a school board does not take timely and effective action after an investigation has been appealed from a school official to the board, the student, parent, or other school employee may report the bullying incident to the state department of education. Establishes department reporting requirements. Provides equal protection to all students, regardless of subject matter or the motivating animus of the bullying. Requires each student's orientation at the start of the school year on school disciplinary rules and provisions include state policy on bullying. Requires that consequences indicated in orientation for failing to comply with school disciplinary rules include suspension, expulsion, the possibility of suspension of a student's driver's license for one year as provided in R.S. 17:416.1, and the possible criminal consequences of violent acts committed on school property, at a school-sponsored function, or in a firearm-free zone. Provides that charter schools are not exempt from statutory anti-bullying provisions. http://legis.la.gov/billdata/streamdocument.asp?did=812568
Source: legis.la.gov
Status: Signed into law	Status Date: 06/14/2012