Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDSCAHB283 1221 3421 SENATE COMMITTEE AMENDMENTS Regular Session HOUSEAmendmentsproposedbySenateCommitteeonEducationtoEngrossedHouseBillNo.283 BILLby Representative Newell AMENDMENT NO.
2831 BYOn REPRESENTATIVESpage NEWELL,1, BOYD,line BRYANT,7, FREEMAN,after GREEN,"definitions;" DANAand HENRY,before LAFLEUR,"and TERRYto" LANDRY,insert LARVADAIN,"to MARCELLE,provide MARTINEZ,for MILLER,applicability;" MURRAY,AMENDMENT OWEN,NO. PHELPS, AND TAYLOR AN ACT To amend and reenact R.S.
17:416(A)(1)(b)(i),2 andOn (c)(vii)(aa)page and2, (cc)at andthe toend enactof R.S.line 18, insert "The provision of this Item shall applyto an incident that occurs off of school property only if the incident is a continuation of a documented altercation that began on school property." 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),3 andOnpage3,attheendofline6,insertthefollowing:"However,exceptasotherwiseprovided 1206.1(A)(3),in relativethis toSubitem, thediscipline assaultof anda batterystudent ofwith studentsexceptionalities shall not conflict with Paragraphs (5) and school(6) employees;of this Subsection, R.S.
to provide for the sick leave of such employees;
to provide for the applicability of student disciplinary provisions;
to provide for student disciplinary procedures;
to provide relative to student records;
to provide for definitions;
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:
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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:
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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.
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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.
1415(k).1415(k)." Page 1 of 1
* * * (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.
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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:
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