HB 370 – AS AMENDED BY THE HOUSE

15Mar2011… 0452h

2011 SESSION

11-0375

04/03

HOUSE BILL 370

AN ACT making changes to the pupil safety and violence prevention act.

SPONSORS: Rep. Boehm, Hills 27; Rep. Ingbretson, Graf 5; Rep. Ladd, Graf 5; Rep. Gandia, Hills 27

COMMITTEE: Education

AMENDED ANALYSIS

This bill:

I. Deletes a provision authorizing the superintendent to grant the principal a waiver from providing notice of an incident of bullying within 48 hours to the victim or the perpetrator.

II. Removes a provision extending the bullying and cyberbullying statute to actions occurring off school property, but requires a school principal to notify the parent, parents, or guardian of the victim and the perpetrator of any incidents of bullying or cyberbullying occurring off school property.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0452h

11-0375

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT making changes to the pupil safety and violence prevention act.

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

1 Pupil Safety and Violence Prevention; Purpose and Intent. Amend RSA 193-F:2 to read as follows:

193-F:2 Purpose and Intent.

I. All pupils have the right to attend public schools, including chartered public schools, that are safe, secure, and peaceful environments. One of the legislature’s highest priorities is to protect our children from physical, emotional, and psychological violence by addressing the harm caused by bullying and cyberbullying in our public schools.

II. [Bullying in schools has historically included actions shown to be motivated by a pupil’s actual or perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socioeconomic status, age, physical, mental, emotional, or learning disability, gender, gender identity and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories.

III.] It is the intent of the legislature to protect our children from physical, emotional, and psychological violence by addressing bullying and cyberbullying of any kind in our public schools[, for all of the historical reasons set forth in this section,] and to prevent the creation of a hostile educational environment.

[IV.] III. The sole purpose of this chapter is to protect all children from bullying and cyberbullying, and no other legislative purpose is intended, nor should any other intent be construed from the enactment of this chapter.

2 Pupil Safety and Violence Prevention. Amend RSA 193-F:4, II(i)-(n) to read as follows:

(i) [A provision that the superintendent or designee may, within the 48-hour period, grant the school principal or designee a waiver from the notification requirement if the superintendent or designee deems such waiver to be in the best interest of the victim or perpetrator. Any such waiver granted shall be in writing. Granting of a waiver shall not negate the school’s responsibility to adhere to the remainder of its approved written policy.

(j)] A written procedure for investigation of reports, to be initiated within 5 school days of the reported incident, identifying either the principal or the principal’s designee as the person responsible for the investigation and the manner and time period in which the results of the investigation shall be documented. The superintendent or designee may grant in writing an extension of the time period for the investigation and documentation of reports for up to an additional 7 school days, if necessary. The superintendent or superintendent’s designee shall notify in writing all parties involved of the granting of an extension.

[(k)] (j) A requirement that the principal or designee develop a response to remediate any substantiated incident of bullying or cyberbullying, including imposing discipline if appropriate, to reduce the risk of future incidents and, where deemed appropriate, to offer assistance to the victim or perpetrator. When indicated, the principal or designee shall recommend a strategy for protecting all pupils from retaliation of any kind.

[(l)] (k) A requirement that the principal or designee report all substantiated incidents of bullying or cyberbullying to the superintendent or designee.

[(m)] (l) A written procedure [providing for] requiring communication with the parent or parents or guardian of victims and perpetrators throughout the course of the investigation and a written procedure providing for communication with the parent or parents or guardian of victims and perpetrators regarding the school’s remedies and assistance, within the boundaries of applicable state and federal law.

[(n)] (m) Identification, by job title, of school officials responsible for ensuring that the policy is implemented.

3 Pupil Safety and Violence Prevention; Actions Occurring off School Property. Amend RSA 193-F:4, I to read as follows:

I. Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3[:

(a] occurs on, or is delivered to, school property or a school-sponsored activity or event on [or off] school property[; or

(b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil's educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event].

4 New Section; Pupil Safety and Violence Prevention; Bullying or Cyberbullying Occurring Off of School Property. Amend RSA 193-F by inserting after section 4 the following new section:

193-F:4-a Bullying or Cyberbullying Occurring Off of School Property. A school board member or employee of a school district who becomes aware of an incident of bullying or cyberbullying which occurs off of school property shall notify the principal of the school attended by the victim and, if the perpetrator attends a different school than the victim, the principal of the school attended by the perpetrator. The principal or principals shall, in writing, notify the parent, or parents, or guardian of the victim and the perpetrator within 48 hours of the incident.

5 Effective Date. This act shall take effect 60 days after its passage.