Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHCAHB283 224 2881 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Education to Original House Bill No.
283 BYby REPRESENTATIVESRepresentative NEWELL,Newell BOYD,AMENDMENT BRYANT,NO. FREEMAN, GREEN, DANA HENRY, LAFLEUR, TERRY LANDRY, LARVADAIN, MARCELLE, MARTINEZ, MILLER, MURRAY, OWEN, PHELPS, AND TAYLOR AN ACT To amend and reenact R.S.
17:416(A)(1)(b)(i),1 andOn (c)(vii)(aa)page and1, (cc)line 4, after "of" and tobefore enact"school" R.S.insert "students and" AMENDMENT NO.
17:15(A)(1)(b)(iii),47(C)(1)(a)(iv),416(A)(1)(c)(vii)(ee),500.1(C)(3),1201(C)(3),2 andOn 1206.1(A)(3),page relative2, toline the8, assaultafter "any" and batterybefore of"school" studentsinsert and"student schoolor" employees;AMENDMENT NO.
to3 provideOn forpage the2, sickline leave10, ofafter such"any" employees;and before "school" insert "student or" AMENDMENT NO.
to4 provideOnpage2, forline the23, applicabilityafter"assault"and ofbefore"on" insert a comma "," andinsert"orboth, on any student disciplinaryor" provisions;AMENDMENT NO.
to5 provideOn forpage student2, disciplinaryline procedures;24, after "employee" and before "shall be" delete the comma "," and delete "or both," AMENDMENT NO.
to6 provideOn relativepage to2, studentline records;25, after "which the" and before "school" insert "student or" AMENDMENT NO.
to7 provideOn forpage definitions;3, line 5, after "which the" and before "school" insert "student or" Page 1 of 1 CODING:
to provide for applicability;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
This Act shall be known and maybe cited as the "Teacher's Shield Act".
Section 2.
R.S.
17:15(A)(1)(b)(iii) is hereby enacted to read as follows:
§15.
Criminal history review A.(1) * * * Page 1 of 5 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
283 ENROLLED (b) * * * (iii) Negligent hiring statutes or rules shall not apply to a dispute, litigation, or any allegations when a city, parish, or other local public school board or a nonpublic school or school system has hired a person as an administrator, teacher, substitute teacher, athletic director, coach, or assistant coach, if the person has a valid teaching certificate or authorization provided by the State Board of Elementary and Secondary Education.
* * * Section3.
R.S.
17:416(A)(1)(b)(i)and(c)(vii)(aa)and(cc)areherebyamendedand reenacted and R.S.
17:47(C)(1)(a)(iv), 416(A)(1)(c)(vii)(ee),500.1(C)(3), 1201(C)(3), and 1206.1(A)(3) are herebyenacted to read as follows:
§47.
Sick and personal leave * * * C.(1)(a) * * * (iv) Suchsickleavemaybeusedforpurposesthatincludebutarenotlimited to medical treatment, psychological treatment, and physical rehabilitation.
* * * §416.
Discipline of students;
suspension;
expulsion A.(1) * * * (b)(i) Each teacher and school employee may take disciplinary action to correct a student who violates school rules or who interferes with an orderly education process.
No principal or administrator shall prohibit or discourage a teacher or school employee from taking disciplinary action, recommending disciplinary action, or completing a form to initiate disciplinary action against a student who violates school policy or who interferes with an orderly education process.
No principal or administrator shall retaliate or take adverse employment action against a teacher or school employee for taking disciplinary action against a student.
Each school shall annually provide written notice at the beginning of each Page 2 of 5 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
283 ENROLLED school year to each teacher and school employee, including bus operators, of their rights to take or request disciplinaryaction against a student in accordancewith this Section.
Notice shall also include eligibility for sick and personal leave in the event that a school employee is injured by a student who committed an assault or battery against a teacherin accordancewith R.S.
14:34.3 orR.S.
14:38.2.
The provisions of this Item shall apply only if the disciplinary action that the teacher or school employee takes is in accordancewith policyadoptedbythepublic school governing authority.
* * * (c) * * * (vii)(aa) Notwithstanding any provision of law to the contrary, whenever a student is formally accused of violating the provisions of R.S.
14:34.3 or school disciplinary rules, or both, by committing a battery on any school employee either onoroffofschoolpropertyorisformallyaccusedofviolatingtheprovisionsofR.S.
14:38.2orschooldisciplinaryrules,orboth,bycommittinganassaultonanyschool employee either on or off of school property, the principal shall suspend the student from school immediately and the student shall be removed immediately from the school premises or prohibited from returning to the school premises, as applicable, without the benefit of the out-of-school suspension procedures provided by this Section;
however, the necessary notifications and other procedures shall be implementedassoonasispracticable.
ForpurposesofthisItem,"schoolemployee" means anyperson employed bythe school and anysubstitute teacher,substitute bus operator, or school volunteer.
The provisions of this Item shall apply to an incident that occurs off of school property only if the incident is a continuation of a documented altercation that began on school property.
* * * (cc) Except when the school system has no other school of suitable grade level for the student to attend, no student found guilty by a court of competent jurisdiction of violating the provisions of R.S.
14:34.3 or 38.2, or both, or found Page 3 of 5 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
283 ENROLLED guilty at a school system suspension hearing of committing a battery or assault, or both, on anyschool employee, or both, shall be assigned to attend or shallattendthe schooltowhichtheschoolemployeebatteredorassaultedbythestudentisassigned.
Theprincipalorhis designeeshall immediatelyrecommendthestudent's expulsion, which shall be subject to the provisions of Subsection C of this Section except as provided in this Subitem.
Any such expulsion shall be no less than two complete school semesters in duration, during which time the superintendent shall place the student in an alternative school or in an alternative educational placement as provided in Subparagraph (2)(c) of this Subsection and the student shall participate in an anger management program.
A student expelled as provided in this Subitem shall not, under anycircumstances,be assigned to or allowed to attend the school to which the student or school employee battered or assaulted by the student is assigned.
However, except as otherwise provided in this Subitem, discipline of a student with exceptionalities shall not conflict with Paragraphs (5) and (6) of this Subsection, R.S.
17:1941 et seq., and 20 U.S.C.
1415(k).
* * * (ee) All documentation relative to the provisions of this Item shall be included and maintained in the student's records.
* * * §500.1.
School bus operators;
sick leave * * * C.
* * * (3) Such sickleavemaybeusedforpurposesthatincludebut arenot limited to medical treatment, psychological treatment, and physical rehabilitation.
* * * §1201.
Amount of sick leave;
reimbursement;
injury on the job * * * C.
* * * Page 4 of 5 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
283 ENROLLED (3) Such sickleavemaybeusedforpurposesthatincludebutarenotlimited to medical treatment, psychological treatment, and physical rehabilitation.
* * * §1206.1.
School employees;
sick leave A.
* * * (3) Such sickleavemaybeusedforpurposesthatincludebutarenotlimited to medical treatment, psychological treatment, and physical rehabilitation.
* * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 5 of 5 CODING: