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2000 N.H. Laws, S.B. 360 Creates the Pupil Safety
and Violence Prevention Act. Requires local school boards to adopt
a pupil safety and violence prevention policy that addresses bullying and
provides technical assistance. Requires school employees to report any
information regarding bullying behavior to the school principal and provides
immunity to any school employee who makes such a report from any cause
of action arising from a failure to remedy the reported incident.
NEW HAMPSHIRE C AN ACT relative to school district policies on bullying In the Year of Our Lord Two Thousand Four 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 RSA 193-F:3 is repealed and reenacted to read as follows: 193-F:3 Pupil Safety and Violence Prevention.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)
HOUSE BILL NO. 360 SB 360 - VERSION ADOPTED BY BOTH BODIES 3/30/00 3917s
2000 SESSION
SENATE BILL 360 AN ACT adopting a pupil safety and violence prevention act. SPONSORS: Sen. Trombly, Dist 7; Sen. Larsen, Dist 15; Rep. Buckley, Hills 44 COMMITTEE: Education AMENDED ANALYSIS This bill requires that each school district adopt, implement, and enforce its own pupil safety and violence prevention policy and provides that the state board of education shall issue a technical assistance advisory to school districts offering guidance on how to proceed. Explanation: Matter added to current law appears in bold
italics.
STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand AN ACT adopting a pupil safety and violence prevention act. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Chapter; Pupil Safety and Violence Prevention. Amend RSA by inserting after chapter 193-E the following new chapter: CHAPTER 193-F Pupil Safety and Violence Prevention 193-F:1 Title. This chapter shall be known, and may be cited as the "Pupil Safety and Violence Prevention Act of 2000." 193-F:2 Purpose and Intent. The general court hereby finds that all pupils have the right to attend public schools that are safe, secure, and peaceful. One of the legislature's highest priorities must be to protect our children from violence by dealing with harassment, including "bullying", in our public schools. 193-F:3 Pupil Safety and Violence Prevention. I. 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. II. 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 shall report such incident to the principal, or designee who shall in turn report the incident to the superintendent. III. The remedy required in paragraph II shall be defined by the local school board. 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. 193-F:4 Specific Curriculum Not Required. Nothing in this chapter requires the inclusion of any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution. The omission of any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution is not a violation of this chapter. 2 New Paragraph; Duties of the State Board of Education; Technical Assistance Advisory Relative to Pupil Safety and Violence Prevention Added. Amend RSA 186:11 by inserting after paragraph XXXV the following new paragraph: XXXVI. PUPIL SAFETY AND VIOLENCE PREVENTION. Develop and distribute to school districts a technical assistance advisory for the purpose of providing guidance to school districts on the implementation of pupil safety and violence prevention policies as required under RSA 193-F. 3 Effective Date. This act shall take effect January 1, 2001. |
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