HB1162: relative to school district policies on bullying.

CHAPTER 205

HB 1162 – FINAL VERSION

17Mar2004… 0748h

04/22/04 1226s

25May2004… 1562CofC

2004 SESSION

03-2079

04/09

HOUSE BILL 1162

AN ACT relative to school district policies on bullying.

SPONSORS: Rep. McRae, Hills 48; Rep. Naro, Graf 15; Sen. O’Hearn, Dist 12

COMMITTEE: Education

AMENDED ANALYSIS

This bill requires school districts to notify the parents or legal guardians of the district’s policies on bullying and requires that a report of any bullying incidents be made by telephone and by a written report sent by mail to the parent or legal guardian of the pupils involved.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Mar2004… 0748h

04/22/04 1226s

25May2004… 1562CofC

03-2079

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to school district policies on bullying.

Be it Enacted by the Senate and House of Representatives in General Court convened:

205:1 Pupil Safety and Violence Prevention. RSA 193-F:3 is repealed and reenacted to read as follows:

193-F:3 Pupil Safety and Violence Prevention.

I.(a) Each local school board shall adopt a pupil safety and violence prevention policy which addresses pupil harassment, also known as “bullying”, and which is consistent with the provisions of this chapter. Such policy shall include language which details the action to be taken by the local school board to resolve and remediate occurrences of pupil harassment.

(b) At the beginning of each school year, school districts shall, in writing, inform the parent, legal guardian, or other person responsible for the welfare of the pupil of the district’s pupil safety and violence prevention policy and the appeals process available at the local and state levels.

II.(a) Any school employee, or employee of a company under contract with a school or school district, who has witnessed or has reliable information that a pupil has been subjected to insults, taunts, or challenges, whether verbal or physical in nature, which are likely to intimidate or provoke a violent or disorderly response that violates the school bullying policy shall report such incident to the principal, or designee, who shall in turn report the incident to the superintendent and the school board.

(b) The principal, or designee, shall by telephone and in writing by first-class mail, report the occurrence of any incident described in this paragraph to the parent or legal guardian of all pupils involved within 48 hours of the occurrence of such incident. The notice shall advise the individuals involved of their due process rights including the right to appeal to the state board of education. The superintendent may, within the 48 hour time period, grant the principal a waiver from the notification requirement if the superintendent deems such waiver to be in the best interest of the child. Any waiver granted shall be in writing.

III. The remedy required in paragraph I shall be defined by the local school board and the local school board shall, in writing, notify all parties involved of its decision. If the remedies outlined in the school board’s policy are exhausted, the aggrieved party shall have the right to appeal the decision to the state board of education. The state board of education shall, in writing, notify all parties involved of its decision. The local school board may provide opportunities for educators to have the knowledge and skills to prevent and respond to acts covered by this chapter.

IV. A school employee, or employee of a company under contract with a school or school district, who has reported violations under this chapter to the principal or designee or who has intervened under paragraph II, shall be immune from any cause of action which may arise from the failure to remedy the reported incident.

205:2 Effective Date. This act shall take effect upon its passage.

(Approved: June 11, 2004)

(Effective Date: June 11, 2004)