HB 1456 – AS AMENDED BY THE SENATE

05/16/12 2291s

05/16/12 2320s

2012 SESSION

12-2313

04/03

HOUSE BILL 1456

AN ACT relative to school district policies on health and sex education, relative to the appointment of the treasurer of the Concord school district, and relative to truancy.

SPONSORS: Rep. Hill, Merr 6; Rep. Ladd, Graf 5; Rep. Hoell, Merr 13; Rep. Brosseau, Graf 6

COMMITTEE: Education

AMENDED ANALYSIS

This bill requires a school district to adopt a policy allowing an exception to a particular unit of health or sex education whenever a parent or legal guardian requests the exception.

This bill exempts the Concord school district from the requirements for the election of a school district treasurer and allows the district to appoint its treasurer in accordance with the provisions of the Concord school district charter.

This bill also authorizes a municipality to adopt an ordinance prohibiting truancy and specifies procedures for the hearing of truancy cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/16/12 2291s

05/16/12 2320s

12-2313

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to school district policies on health and sex education, relative to the appointment of the treasurer of the Concord school district, and relative to truancy.

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

1 State Board of Education; Duties. Amend RSA 186:11, IX-b to read as follows:

IX-b. Health and Sex Education. Require school districts to adopt a policy allowing an exception to a particular unit of health or sex education instruction [based on religious objections] whenever a parent or legal guardian requests the exception. Such policy shall include a provision for alternative learning sufficient to enable the child to meet state requirements for health education.

2 School District Elections; Other Officers. Amend RSA 671:6 to read as follows:

671:6 Other Officers.

I. Except as provided under RSA 671:6-a, at each school district election, each school district which is not a cooperative school district as defined in RSA 195:1 shall elect a school district clerk, moderator, treasurer, and such optional officers as the voters of the district shall have voted to elect to manage the affairs of the district. The moderator shall take office upon the adjournment of the regular school district meeting held in the year of the moderator’s election and upon the moderator’s qualification for office, whichever is later. The treasurer shall take office upon the close of the fiscal year for the district and upon the treasurer’s qualification for office, whichever is later. An optional officer may not be elected by official ballot until the annual district election first following the establishment of the office. The school district may, by vote, determine to elect a temporary officer or authorize the school board to appoint a temporary officer to serve until the next annual district election.

II. This section shall not apply to any city school district that satisfies the following 2 conditions:

(a) The governing body of the school district serves as the legislative body pursuant to the school district’s governing charter or statute; and

(b) The officers of the school district are appointed or otherwise chosen in accordance with the school district’s governing charter or statute.

3 New Paragraph; School District Elections; Optional Term. Amend RSA 671:6-a by inserting after paragraph IV the following new paragraph:

V. This section shall not apply to any school district that meets the definition set forth in RSA 671:6, II.

4 New Paragraph; Truant Officers; Truancy Defined. Amend RSA 189:35-a by inserting after paragraph VI the following new paragraph:

VII. A municipality may adopt an ordinance prohibiting truancy. All truancy cases shall be heard separately from the trial of criminal cases, and hearings shall be held wherever possible in rooms not used for criminal trials. Notwithstanding RSA 169-B:32, only the parties, one or more parents or guardians of the child accused of truancy, their witnesses, their counsel, if any, and school or school district officials shall be admitted. Case records shall be treated as confidential.

5 School Attendance; Bylaws as to Nonattendance. Amend RSA 193:16 to read as follows:

193:16 Bylaws as to Nonattendance. Districts may make bylaws, not repugnant to law, concerning habitual truants and children between the ages of 6 and 18 years not attending school or who are not participating in an alternative learning plan under RSA 193:1, I(h), and to compel the attendance of such children at school; failure to comply with such bylaws shall constitute a violation for each offense. All truancy cases shall be heard separately from the trial of criminal cases, and hearings shall be held wherever possible in rooms not used for criminal trials. Notwithstanding RSA 169-B:32, only the parties, one or more parents or guardians of the child accused of truancy, their witnesses, their counsel, if any, and school or school district officials shall be admitted. Case records shall be treated as confidential.

6 Effective Date.

I. Sections 1-3 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.