ACT No. 1252
Regular Session, 2003
House Bill No. 1342 (Duplicate of Senate Bill 605)
To enact R.S. 17:416.18, relative to the rights of teachers; to establish the Educator’s Right to Teach for teachers in city, parish, or other local public schools relative to disciplinary matters; to provide for policies enacted or adopted by any city, parish, or other local public school boards; and to provide for related matters.
Be it enacted by the Legislature of Louisiana: Section 1. R.S. 17:416.18 is hereby enacted to read as follows:
416.18 Educator’s Right to Teach; disciplinary actions
- (1) A teachers has the right to teach free from the fear of frivolous law suits, including the right to indemnification by the employing school board, pursuant to R.S. 17:416.1 (C), 416.4, 416.5 and 416.11, for actions taken in the performance of duties of the teacher’s employment.
(2) A teacher has the right to appropriately discipline students in accordance with R.S. 17:223 and R.S. 17:416 through 416.16 and any city, parish, or other local public school board regulation.
(3) A teacher has the right to remove any persistently disruptive student from his classroom when the student’s behavior prevents the orderly instruction of other students or when the student displays impudent or defiant behavior and to place the student in the custody of the principal or his designee pursuant to R.S. 17:416(A)(1)(c).
(4) A teacher has the right to have his or her professional judgment and discretion respected by school and district administrators in any disciplinary action taken by the teacher in accordance with school and district policy and with R.S. 17:416(A)(1)(c).
(5) A teacher has the right to teach in a safe, secure, and orderly environment that is conducive to learning and free from recognized dangers or hazards that are causing or likely to cause serious injury in accordance with R.S. 17:416.9 and 416.16.
(6) A teacher has the right to be treated with civility and respect as provided in R.S. 17: 416.12.
(7) A teacher has the right to communicate with and involve parents in appropriate student disciplinary decisions pursuant to R.S. 17:235.1 and 416(A).
(8) A teacher has the right to be free from excessively burdensome disciplinary paperwork.
- No city, parish, or other local public school board shall establish policies that prevent teachers from exercising the rights provided in this Section or in any other provision included in R.S. 17:416 through 416.16.
- The provision of this Section shall not be construed to supersede any other state law, State Board of Elementary and Secondary Education policy, or city, parish, or other local public school board policy enacted or adopted relative to the discipline of students.
- Each city, parish, or other local school board shall provide a copy of this Section to all teachers at the beginning of each school year.