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Regular Session, 2001 $&71R

HOUSE BILL NO. 364
BY REPRESENTATIVES DAMICO AND TOOMY
AN ACT
To amend and reenact R.S. 17:416.13 and to enact R.S. 17:416.15, relative to
student discipline policies; to require local school boards to adopt
policies prohibiting harassment, intimidation, and bullying by students;
to provide for definitions; to provide relative to certain immunity for
students, employees, and volunteers who report incidents of
harassment, intimidation, or bullying; to provide exemptions; to
authorize local school boards to adopt and implement certain zero
tolerance policies; to authorize the inclusion of certain requirements in
such policies; to authorize local school boards to charge fees relative
to such requirements; to provide limitations; to provide relative to
compliance; to provide for effectiveness; and to provide for related
matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 17:416.13 is hereby amended and reenacted and R.S.
17:416.15 is hereby enacted to read as follows:
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§416.13. Student code of conduct; requirement; harassment,
intimidation, and bullying; prohibition; exemptions
A. By not later than August 1, 1999, each city, and parish, and
other local public school board shall adopt a student code of conduct
for the students in its school system. Such code of conduct shall be in
compliance with all existing rules, regulations, and policies of the
board and of the State Board of Elementary and Secondary Education
and all state laws relative to student discipline and shall include any
necessary disciplinary action to be taken against any student who
violates the code of conduct.
B.(1) By not later than August 1, 2001, each city, parish, and
other local public school board shall adopt and incorporate into the
student code of conduct as provided in this Section a policy prohibiting
the harassment, intimidation, and bullying of a student by another
student.
(2) For purposes of this Subsection, the terms "harassment",
"intimidation", and "bullying" shall mean any intentional gesture or
written, verbal, or physical act that:
(a) A reasonable person under the circumstances should know
will have the effect of harming a student or damaging his property or
placing a student in reasonable fear of harm to his life or person or
damage to his property; and
(b) Is so severe, persistent, or pervasive that it creates an
intimidating, threatening, or abusive educational environment for a
student.
(3) Any student, school employee, or school volunteer who in
good faith reports an incident of harassment, intimidation, or bullying
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to the appropriate school official in accordance with the procedures
established by local board policy shall be immune from a right of
action for damages arising from any failure to remedy the reported
incident.
(4) The provisions of this Subsection shall not apply to the
parishes of Livingston, East Baton Rouge, East Feliciana, West
Feliciana, St. Helena, and Tangipahoa.
* * *
§416.15. Zero tolerance policies; authorization; conflict resolution
classes; fees; compliance
Any city, parish, or other local public school board may adopt
and implement a zero tolerance policy for fighting in the schools under
its jurisdiction. Such policy may include a requirement that a student
who is disciplined pursuant to the policy and such student's parent or
parents shall attend a conflict resolution class or classes and may
include provisions for the school board to take appropriate action, as
determined by the board, against any student or parent who fails to
comply with the class attendance requirement. Such classes may be
provided by the school board or other appropriate provider as
determined by the board. Any city, parish, or other local public school
board may charge a fee for such attendance in an amount as may be
determined by the board. However, such fee amount shall not exceed
one hundred dollars.
Section 2. This Act shall become effective upon signature by the
governor or, if not signed by the governor, upon expiration of the time for bills
to become law without signature by the governor, as provided in Article III,
Section 18 of the Constitution of Louisiana. If vetoed by the governor and
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subsequently approved by the legislature, this Act shall become effective on
the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:

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