Part CXV. Bulletin 741—Louisiana Handbook for School Administrators

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K. Each LEA shall adopt a student code of conduct for the students in its school system.

1. Such code of conduct shall be in compliance with all existing rules, regulations, and policies of the board and of 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 of conduct.

2. Except for the parishes of Livingston, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, and Tangipahoa, each LEA shall adopt and incorporate into the student code of conduct a policy prohibiting the harassment, intimidation, and bullying of a student by another student, including 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. Cyberbullying

a. The governing authority of each public elementary and secondary school to conduct (by not later than Jan. 1, 2011) shall review the student code of conduct mandated by present law 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.

b. The term "cyberbullying" means 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.

c. Beginning on Jan. 1, 2011, and continuing thereafter, the governing authority of each public elementary and secondary school shall inform each student in writing within 10 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 process and procedures for reporting an incident involving the prohibited actions.

d. Each such governing authority, by not later than Jan. 1, 2011, must adopt a policy establishing procedures for the investigation of reports involving the prohibited actions.

e. Each public elementary and secondary school governing authority must use the DOE behavior incidence checklist to document the details of each reported incident or harassment, intimidation, and bullying, including cyberbullying.

f. Each school governing authority shall report all such documented incidents to the DOE.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:223-224; R.S. 17:416; 17:416.13.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1282 (June 2005), amended LR 36:1225 (June 2010), LR 37:

Family Impact Statement

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

This policy revision to Section 1301, required by Act 755 of the 2010 Regular Legislative Session, requires school districts to adopt a student code of conduct and to include in the code of conduct rules related to cyperbullying. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741—Louisiana Handbook for School AdministratorsDiscipline

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741—Louisiana Handbook for School Administrators: §1301. Disciplinary Regulations and §1302. Disruptive Behavior. These policy revisions, required by Act 240 of the 2009 Regular Legislative Session, describe the types of behavior for which a teacher may call for the removal of students from the classroom and they prescribe requirements for parental notification and involvement.

A. Each local educational governing authority shall adopt such rules and regulations as it deems necessary to implement and control any disorderly conduct in the school or on the playground of the school, or on the street or road while going to and from school, or during intermission and recess.

1. The plan shall not prohibit a teacher from removing a pupil from the classroom for disciplinary reasons.

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AUTHORITY NOTE: Promulgated in accordance with R.S. 17:223-224; R.S. 17:252; R.S. 17:416.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1282 (June 2005), amended LR 37:

A. A teacher may have a student immediately removed from his/her classroom and placed in the custody of the principal or his/her designee:

1. when the students behavior prevents the orderly instruction of other students or poses an immediate threat to the safety or physical well being of any student or teacher;

2. when a student exhibits disrespectful behavior toward the teacher such as using foul or abusive language or gestures directed at or threatening a student or a teacher,

3. when a student violates the school’s code of conduct;

4. or, when a student exhibits other disruptive, dangerous, or unruly behavior, including inappropriate physical contact, inappropriate verbal conduct, sexual or other harassment, throwing objects, inciting other students to misbehave, or destroying property.

B. The principal or his designee shall advise the student of the particular misconduct of which he/she is accused and the student shall be given an opportunity to explain his version of the facts.

C. The principal or his/her designee then shall conduct a counseling session with the student as may be appropriate to establish a course of action to identify and correct the behavior.

D. The principal or his designee shall provide oral or written notification to the parent or legal guardian of any student removed from the classroom. Such notification shall include a description of any disciplinary action taken.

E. The principal or his/her designee may provide oral or written feedback to the teachers initiating the removal of students from the classroom. The principal and his/her designee may also provide to such teachers guidance and support on practicing effective classroom management, including, but not limited to positive behavior supports.

F. Each LEA may adopt a policy that requires the parent or guardian of a student removed from the classroom for disruptive behavior to attend after school or Saturday intervention sessions with the student.

1. The LEA may refer a parent who fails to attend such session to the court of competent jurisdiction.

2. Each time a parent is referred to the court of competent jurisdiction, the court may impose a fine of not less than $25 and not more than $250, 40 hours of court-approved school or community service activities, or a combination of 40 hours of court-approved school or community service activities an attendance at a court-approved family counseling program by both a parent or legal guardian and the student, and may suspend any recreational license issued by the Department of Wildlife and Fisheries.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:416.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 37:

Family Impact Statement

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

These policy revisions, required by Act 240 of the 2009 Regular Legislative Session, describe the types of behavior for which a teacher may call for the removal of students from the classroom and they prescribe requirements for parental notification and involvement. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741―Louisiana Handbook for School Administrators―Electronic Telecommunication Devices

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741―Louisiana Handbook for School Administrators: §1141. Electronic Telecommunication Devices. This policy revision, required by Act 214 of the 2009 Regular Legislative Session, requires local school systems to adopt and implement policies applicable to school system employees relative to electronic communication by an employee at the school to a student enrolled at the school.

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C. Each LEA shall develop, adopt, and implement policies, procedures and practices applicable to school employees relative to electronic communications by an employee at a school to a student enrolled at that school.

1. The policies, procedures, and practices shall:

a. define electronic communication and recognize the multiple means available for making such a communication, including specified forms of both direct communication and indirect communication;

b. require that all electronic communication by an employee to a student relative to the educational services provided use a means of communication provided by the LEA;

c. prohibit the use of the means of provided by the LEA to electronically communicate with a student that is not related to the education services provided, except communication with an immediate family member if such communication is specifically authorized by the LEA;

d. specify that the occurrence of any electronic communication made by an employee to a student, or vice versa, using a means other than one provided by the LEA shall be reported by the employee:

i. provides that records of any such reported communication be maintained by the LEA for one year;

e. specify that it is a duty of LEA employees to comply with the policies and provide that a failure to comply may result in disciplinary action and may constitute willful neglect of duty;

f. establish and provide for the imposition of consequences for a violation of the policies, including but not limited to termination of employment;

g. provide a means for the timely reporting and investigation of an alleged failure to comply with policies and for concluding such an investigation and resolving the allegation;

h. provide a means whereby any alleged failure to comply with the policies that also may be a violation of state or federal law is reported to the proper authorities;

i. provide a means to assure that all LEA employees are informed fully of the policies, procedures, and practices, and the possible consequences for a failure to comply;

j. provide a means to assure that a parent or guardian is fully informed of the policies, procedures, and practices;

k. provide a means for a parent or guardian to request that the child not be contacted through electronic communication by any school employee unless the purpose of such communication is directly related to the child’s educational services and is sent and received by more than one student at the school.

2. No school board or board member shall be civilly liable for any electronic communication that is prohibited by law.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:81; R.S. 17:239.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1282 (June 2005), amended LR 37:

Family Impact Statement

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights of parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

This policy revision, required by Act 214 of the 2009 Regular Legislative Session, requires local school systems to adopt and implement policies applicable to school system employees relative to electronic communication by an employee at the school to a student enrolled at the school. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741—Louisiana Handbook for School AdministratorsElementary Program of Studies

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741—Louisiana Handbook for School Administrators: §2313. Elementary Program of Studies and §2347. Health Education. These policy revisions, required by Act 321 of the 2010 Regular Legislative Session, require public schools to provide grade appropriate instruction relative to dating violence in select health classes.

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8. Schools shall provide grade appropriate instruction relative to dating violence to students in seventh and eighth grade health classes.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:17.1; R.S. 17: 24.8; R.S. 17:81; R.S. 17:154-154.1; R.S. 17:261 et seq.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1289 (June 2005), amended LR 33:2353 (November 2007), LR 36:1225 (June 2010), LR 37:

§2347. Health Education

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3. JROTC I and JROTC II shall include instruction in CPR, adoption awareness, the safe haven relinquishments law, and content relative to dating violence as required by state law.

F. Health Education shall include instruction relative to dating violence. Such instruction shall include but need not be limited to providing students with the following information:

1. the definition of “dating violence”;

2. dating violence warning signs;

3. characteristics of healthy relationships.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:7; R.S. 17:24.4; R.S. 17:81.

HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 31:1296 (June 2005), amended LR 33:817 (May 2007), LR 36:1493 (July 2010), LR 37:

Family Impact Statement

In accordance with Section 953 and 974 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a Family Impact Statement on the Rule proposed for adoption, repeal or amendment. All Family Impact Statements shall be kept on file in the state board office which has adopted, amended, or repealed a rule in accordance with the applicable provisions of the law relating to public records.

1. Will the proposed Rule affect the stability of the family? No.

2. Will the proposed Rule affect the authority and rights or parents regarding the education and supervision of their children? No.

3. Will the proposed Rule affect the functioning of the family? No.

4. Will the proposed Rule affect family earnings and family budget? No.

5. Will the proposed Rule affect the behavior and personal responsibility of children? No.

6. Is the family or a local government able to perform the function as contained in the proposed Rule? Yes.

Interested persons may submit written comments via the U.S. Mail until 4:30 p.m., February 8, 2011, to Nina A. Ford, State Board of Elementary and Secondary Education, P.O. Box 94064, Capitol Station, Baton Rouge, LA 70804-9064.

Executive Director

These policy revisions, required by Act 321 of the 2010 Regular Legislative Session, requires public schools to provide grade appropriate instruction relative to dating violence in select Health classes. These changes will not result in an increase in costs or savings to state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be no costs or economic benefits to schools or school districts.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There will be no effect on competition and employment.

Bulletin 741—Louisiana Handbook for School Administrators—Eligibility to Participate in High School Interscholastic Athletics (LAC 28:CXV.3319)

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741—Louisiana Handbook for School Administrators: §3319. Eligibility to Participate in High School Interscholastic Athletics. This policy revision to Section 3319, required by Act 691 of the 2010 Regular Legislative Session, provides for the eligibility of home study students to participate in interscholastic sports at the secondary level.

Title 28

EDUCATION