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Teachers at Louisiana schools would be immune from criminal charges if a student gets hurt when they break up a fight, according to a proposal that advanced Monday from a state House committee.

Rep. Valarie Hodges, R-Denham Springs, sponsored , which she calls the Protect Teachers Act. Current law already shields teachers, principals and school administrators from civil lawsuits if they act to end a student skirmish. Hodges鈥� bill would prevent the same employees from facing battery or aggravated battery charges unless the adult鈥檚 actions are 鈥渕alicious and willfully and deliberately intended to cause bodily harm,鈥� according to the legislation.

鈥淭he teachers are very reluctant to get involved because they don鈥檛 want to get hurt, they don鈥檛 want to hurt the students,鈥� Hodges said. 鈥淚f they do intervene and someone gets hurt, they can be prosecuted criminally.鈥�

Teachers are in a 鈥渘o-win situation鈥� when it comes to fights, she added, attributing difficulties in recruiting and retaining teachers to the violence on campus.

Asked whether there was any opposition to her proposal, Hodges said she had not received any. Mike Faulk, executive director of the Louisiana Association of School Superintendents, conveyed the group鈥檚 support for the bill, she said.

Committee member Rep. Larry Frieman, R-Abita Springs, said it was 鈥渁ppalling鈥� that no one 鈥渟upposedly representing鈥� the state鈥檚 teacher unions was present to support Hodges鈥� proposal. According to committee Chairman Rep. Greg Miller, R-Norco, no one had filled out cards in opposition to House Bill 86.

Reached by the Illuminator after the meeting, representatives with Louisiana鈥檚 two main teachers鈥� unions expressed support for the bill in concept but shared concerns with its current language.

Cynthia Posey, legislative and political director for the Louisiana Federation of Teachers, said she had talked to Hodges before the weekend about concerns her organization had about 鈥渦nintended consequences鈥� of the bill. Namely, the LFT feared the proposal could be construed to compel school employees to intervene in a student fight, putting them at risk.

鈥淵ou have to think, 鈥楧o I want to step in and try to break this up?鈥� and possibly cause them to get hurt very, very badly,鈥� Posey said. 鈥淲e have teachers that actually have become disabled from breaking up fights.鈥�

Posey said she connected with Hodges on the House floor Monday and received the representative鈥檚 reassurances that she would amend the bill when it came up for a vote.

Tia Mills, president of the Louisiana Association of Educators, said she wasn鈥檛 successful reaching Hodges last week about changes her group wants to the bill. Her union wants all school employees added to ensure they are protected from criminal and civil liability if they intervene in a fight.

鈥淲e want to ensure that all employees are covered under this deal because there are instances where there may be an employee who is not a classroom teacher, who is not an administrator who鈥檇 have to intervene in an altercation,鈥� Mills said.

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: [email protected]. Follow Louisiana Illuminator on and .

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