Text of LA HB 540 (2005)

HLS 05RS-632 ORIGINAL Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2005 HOUSE BILL NO. 540 BY REPRESENTATIVE JEFFERSON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. SCHOOLS: Relative to public elementary and secondary school policies prohibiting the harassment, intimidation, and bullying of a student by another student, further defines such terms and requires all local public school boards to include such policies in student codes of conduct AN ACT 1 To amend and reenact R.S. 17:416.13(B)(3) and (4), relative to student codes of conduct; to 2 provide for public school policies prohibiting the harassment, intimidation, and 3 bullying of a student by another student; to require the inclusion of such policies in 4 the student code on conduct; to provide definitions; to provide for applicability; to 5 provide for implementation; to provide for an effective date; and to provide for 6 related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 17:416.13(B)(3) and (4) are hereby amended and reenacted to read 9 as follows: 10 §416.13. Student code of conduct; requirement; harassment, intimidation, and 11 bullying; prohibition; exemptions 12 * * * 13 B. 14 * * * 15 (3)(a) For the purposes of this Subsection, the terms "harassment", 16 "intimidation", and "bullying" also shall mean any gesture or written, verbal, or 17 physical act by a student directed at another student occurring on school property, 18 on a school bus, or at a school-sponsored event that a reasonable person can 19 HLS 05RS-632 ORIGINAL HB NO. 540 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. conclude under the circumstances is motivated more probably than not by an actual 1 or perceived characteristic of the other student based on the other student's race, 2 color, religion, ancestry, national origin, gender, gender identity, sexual orientation, 3 or mental, physical, or sensory disability, or is motivated more probably than not by 4 the other student's association with one or more other persons having an actual or 5 perceived characteristic based on race, color, religion, ancestry, national origin, 6 gender, gender identity, sexual orientation, or mental, physical, or sensory disability 7 and that a reasonable person under the circumstances should know, for either 8 situation, will have the effect of harming the other student or damaging his property 9 or placing the other student in reasonable fear of harm to his life or person or damage 10 to his property and is so severe, persistent, or pervasive that it creates an 11 intimidating, threatening, or abusive educational environment for the other student. 12 (b) Notwithstanding any provision of this Section to the contrary relative to 13 time lines for the adoption of a student code of conduct by a city, parish, or other 14 local public school board and for the incorporation into such code of specified 15 policies, each such school board by not later than August 1, 2005, shall be in 16 compliance with the provisions of Subsection A of this Section relative to the 17 adoption of a student code of conduct and with the provisions of this Subsection 18 relative to incorporation into such code of a policy prohibiting the harassment, 19 intimidation, and bullying of a student by another student as provided by this 20 Subsection. 21 (3) (4) Any student, school employee, or school volunteer who in good faith 22 reports an incident of harassment, intimidation, or bullying to the appropriate school 23 official in accordance with the procedures established by local board policy shall be 24 immune from a right of action for damages arising fro m any failure to remedy the 25 reported incident. 26 (4) The pro visions of this Subsection shall not apply to the parishes of 27 Livingston, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, and 28 Tangipahoa. 29 HLS 05RS-632 ORIGINAL HB NO. 540 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Section 2. This Act shall become effective upon signature by the governor or, if not 1 signed by the governor, upon expiration of the time for bills to become law without signature 2 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 3 vetoed by the governor and subsequently approved by the legislature, this Act shall become 4 effective on the day following such approval. 5 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. Jefferson HB No. 540 Abstract: Requires all local public school boards to have policies prohibiting the harassment, intimidation, and bullying of a student by another student, further defines the terms "harassment", "intimidation", and "bullying" for purposes of such policies and requires all local public school boards to include such policies in student codes of conduct by not later than August 1, 2005. Present law (R.S. 17:416.13(A)) provides that each local public school board shall adopt a student code of conduct for the school system by not later than August 1, 1999. Requires that the code of conduct be in compliance with all existing rules, regulations, and policies of the local board and of the State Board of Elementary and Secondary Education (BESE) 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. Proposed law retains present law. Present law (R.S. 17:416.13(B)(1) and (2)) provides that by not later than August 1, 2001, each local public school board shall adopt and incorporate into the student code of conduct a policy prohibiting the harassment, intimidation, and bullying of a student by another student. Specifies that for present law purposes, the terms "harassment", intimidation", and "bullying" shall mean any intentional gesture or written, verbal, or physical act that 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 is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for a student. Proposed law retains present law. Provides additionally that the terms "harassment", "intimidation", and "bullying" also shall mean any gesture or written, verbal, or physical act by a student directed at another student occurring on school property, on a school bus, or at a school-sponsored event that a reasonable person can conclude under the circumstances is motivated more probably than not by an actual or perceived characteristic of the other student based on the other student's race, color, religion, ancestry, national origin, gender, gender identity, sexual orientation, or mental, physical, or sensory disability, or is motivated more probably than not by the other student's association with one or more other persons having an actual or perceived characteristic based on race, color, religion, ancestry, national origin, gender, gender identity, sexual orientation, or mental, physical, or sensory disability and that a reasonable person under the circumstances should know, for either situation, will have the effect of harming the other student or damaging his property or placing the other student in reasonable fear of harm to his life or person or damage to his property and is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student. HLS 05RS-632 ORIGINAL HB NO. 540 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law also requires (notwithstanding the time lines specified in present law for the adoption of a student code of conduct and for including in such code a policy relative to student harassment, intimidation, and bullying) each local public school board by not later than August 1, 2005, to be in compliance with present law relative to the adoption of a student code of conduct and with the provisions of both present and proposed law relative to including into such code a policy prohibiting the harassment, intimidation, and bullying of a student by another student. Present law provides that any student, school employee, or school volunteer who in good faith reports an incident of harassment, intimidation, or bullying 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. Proposed law retains present law. Present law specifies that present law provisions relative to including into the student code of conduct a policy prohibiting the harassment, intimidation, and bullying of a student by another student and provisions relative to the good faith reporting of an incident of harassment, intimidation, and bullying shall not apply to the parishes of East Baton Rouge, East Feliciana, Livingston, Tangipahoa, St. Helena, and West Feliciana. Proposed law removes present law exception. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 17:416.13(B)(3) and (4))