2011 Louisiana Laws
Revised Statutes
TITLE 17 — Education
RS 17:416.13 — Student code of conduct; requirement; harassment, intimidation, and bullying; prohibition; exemptions


LA Rev Stat § 17:416.13 What's This?

§416.13. Student code of conduct; requirement; harassment, intimidation, and bullying; prohibition; exemptions

A. By not later than August 1, 1999, each city, 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 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.

C.(1) By not later than January 1, 2011, the governing authority of each public elementary and secondary school shall conduct a review of the student code of conduct required by this Section and amend such code as may be necessary to assure that the policy prohibiting the harassment, intimidation, and bullying of a student by another student specifically addresses the nature, extent, causes, and consequences of cyberbullying.

(2) For the purposes of this Subsection, the term "cyberbullying" shall mean harassment, intimidation, or bullying of a student on school property by another student using a computer, mobile phone, or other interactive or digital technology or harassment, intimidation, or bullying of a student while off school property by another student using any such means when the action or actions are intended to have an effect on the student when the student is on school property.

D.(1) Beginning on January 1, 2011, and continuing thereafter, the governing authority of each public elementary and secondary school shall inform each student, in writing within ten days after enrolling in school of the prohibition against harassment, intimidation, and bullying, including cyberbullying, of a student by another student; the nature and consequences of such actions; and the proper process and procedure for reporting any incidents involving such prohibited actions.

(2) By not later than January 1, 2011, the governing authority of each public elementary and secondary school shall develop and adopt a policy establishing procedures for the investigation of reports of harassment, intimidation, and bullying, including cyberbullying, of a student by another student.

(3)(a) The state Department of Education shall develop a behavior incidence checklist that the governing authority of each public elementary and secondary school shall use to document the details of each reported incident of harassment, intimidation, and bullying, including cyberbullying.

(b) The governing authority of each public elementary and secondary school shall report all such documented incidences of harassment, intimidation, and bullying, including cyberbullying, to the Department of Education as prescribed in rules adopted by the State Board of Elementary and Secondary Education in accordance with the Administrative Procedure Act.

Acts 1999, No. 969, §1, eff. July 9, 1999; Acts 2001, No. 230, §1, eff. June 1, 2001; Acts 2010, No. 755, §1, eff. June 29, 2010.

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