Louisiana SB 301: TEACHERS:  Provides relative to Teacher Bill of Rights. (gov sig)

Bill Text

SLS 18RS-645 ORIGINAL
2018 Regular Session
SENATE BILL NO. 301
BY SENATOR MILKOVICH
TEACHERS. Provides relative to Teacher Bill of Rights. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 17:416.18(A) and (B), relative to the Teacher Bill of Rights; to
3 provide the right of a teacher to use physical force to protect himself or others on the
4 school grounds; to provide the right of a teacher to request classroom security under
5 certain circumstances; to prohibit the development of policies that suspend or
6 discipline a teacher for using such force; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:416.18(A) and (B) are hereby amended and reenacted to read as
9 follows:
10 §416.18. Teacher Bill of Rights
11 A. Respecting the authority of teachers is essential to creating an environment
12 conducive to learning, effective instruction in the classroom, and proper
13 administration of city, parish, and other local public schools. To maintain and protect
14 that authority, it is important that teachers, administrators, parents, and students are
15 fully informed of the various rights conferred upon teachers pursuant to this Section,
16 which are:
17 (1) A teacher has the right to teach free from the fear of frivolous lawsuits,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 301
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1 including the right to qualified immunity and to a legal defense, and to
2 indemnification by the employing school board, pursuant to R.S. 17:416.1(C), 416.4,
3 416.5, and 416.11, for actions taken in the performance of duties of the teacher's
4 employment.
5 (2) A teacher has the right to appropriately discipline students in accordance
6 with R.S. 17:223 and 416 through 416.16 and any city, parish, or other local public
7 school board regulation.
8 (3) A teacher has the right to remove any persistently disruptive student from
9 his classroom when the student's behavior prevents the orderly instruction of other
10 students or when the student displays impudent or defiant behavior and to place the
11 student in the custody of the principal or his designee pursuant to
12 R.S. 17:416(A)(1)(c).
13 (4) A teacher has the right to use reasonable physical force against a
14 student in order to protect himself or another person on the school grounds
15 from imminent physical injury.
16 (5) A teacher may remove, or request law enforcement to remove, a
17 student from the school grounds if, in his professional judgment, the student
18 may cause serious physical injury to himself or others on the school grounds.
19 (6) A teacher has the right to have his or her professional judgment and
20 discretion respected by school and district administrators in any disciplinary action
21 taken by the teacher in accordance with school and district policy and with
22 R.S. 17:416(A)(1)(c).
23 (5)(7) A teacher has the right to teach in a safe, secure, and orderly
24 environment that is conducive to learning and free from recognized dangers or
25 hazards that are causing or likely to cause serious injury in accordance with
26 R.S. 17:416.9 and 416.16.
27 (8) A teacher has the right to request the school principal to provide
28 security in his classroom when, in his professional judgment, imminent risks
29 exist that may cause serious physical injury to himself or others in his
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 301
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1 classroom.
2 (6)(9) A teacher has the right to be treated with civility and respect as
3 provided in R.S. 17:416.12.
4 (7)(10) A teacher has the right to communicate with and to request the
5 participation of parents in appropriate student disciplinary decisions pursuant to
6 R.S. 17:235.1 and 416(A).
7 (8)(11) A teacher has the right to complete only paperwork that is not
8 excessively burdensome and that, if required by law or regulation, adheres to the law
9 or regulation and does not result in overly cumbersome interpretations of that law or
10 regulation.
11 (9)(12) A beginning teacher has the right to receive leadership and support
12 in accordance with R.S. 17:3881, including the assignment of a qualified,
13 experienced mentor who commits to helping him become a competent, confident
14 professional in the classroom and offers support and assistance as needed to meet
15 performance standards and professional expectations.
16 (10)(13) A teacher has the right to be afforded time during the school day or
17 week to collaborate with other teachers.
18 B. No city, parish, or other local public school board shall establish policies
19 adopt a policy that:
20 (1) prevent Prevents teachers from exercising the rights provided in this
21 Section or in any other provision included in R.S. 17:416 through 416.16.
22 (2) Provides for the suspension or di