HB 629-FN - AS INTRODUCED

 

 

2023 SESSION

23-0505

09/10

 

HOUSE BILL 629-FN

 

AN ACT establishing a student bill of rights.

 

SPONSORS: Rep. Tanner, Sull. 5; Rep. Myler, Merr. 9; Rep. Luneau, Merr. 9; Rep. Ellison, Merr. 28; Rep. Cornell, Hills. 22

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill establishes a student bill of rights.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0505

09/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT establishing a student bill of rights.

 

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

 

1  New Chapter; Student Bill of Rights.  Amend RSA by inserting after chapter 189-A the following new chapter:

CHAPTER 189-B

STUDENT BILL OF RIGHTS

189-B:1  Short Title.  This chapter shall be known as the student bill of rights

189-B:2  Definitions.  In this chapter:  "student" means any child enrolled in a New Hampshire public or chartered public school.

189-B:3  School Policy Manuals.  Each school district shall incorporate the student bill of rights into their policy manual, post it on the school district's website, and include it in materials distributed to parents annually.

189-B:4  Student Rights.

I.  Students are subject to the United States Constitution, its privileges, and protections, including:

(a)  The free exercise of religion;

(b)  The freedom of speech and publication;

(c)  The right to peacefully assemble;

(d)  The right to petition the government for a redress of grievances;

(e)  The freedom from unreasonable searches and seizures;

(f)  The right to due process of law; and

(g)  The right to equal protection under the law

II.  Students are subject to numerous privileges and protections derived from federal statutes, examples of which include:

(a)  The right of students with identified disabilities to receive a free and appropriate education that addresses their individual needs;

(b)  The right of students with disabilities to be free from discrimination with regard to accessing educational programs and facilities; and

(c)  The right to be free from discrimination with regard to accessing educational programs and activities offered by a recipient of federal financial assistance.

III.  Public school students are subject to the New Hampshire constitution and its privileges and protections, including:

(a)  The right to seek and obtain happiness;

(b)  The right to free speech and the liberty to publish;

(c)  The right of petition and peaceful assembly;

(d)  The right of personal privacy;

(e)  The right to absolute freedom of conscience in all matters of religious sentiment, belief, and worship;

(f)  The right to attend public schools that are funded in a manner that is consistent with the state's paramount duty of making ample provision for the education of all children residing within it's borders;

(g)  The right to have schools that are maintained wholly or partially by public funds free from sectarian control or influence;

(h)  The right to countenance and inculcation of the principles of humanity and general benevolence; and

(i)  The right of qualified persons to vote in all elections.

IV.  Public school students are subject to numerous privileges and protections derived from New Hampshire state statutes, examples of which include:

(a)  The right to access, without tuition, each resident school district’s K-12 basic education program for students of qualifying age;

(b)  The right to an education that provides students with the opportunities to develop the knowledge and skills necessary to meet state and district established graduation requirements intended to provide students with a meaningful diploma that prepares them for post-secondary education, gainful employment and citizenship;

(c)  Due process rights related to disciplinary measures and educational access; and

(d)  The right to an education and access to all educational activities and facilities without fear of discrimination.

(e)  The right of minors residing in criminal justice facilities to receive an education;

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

 

LBA

23-0505

1/9/23

 

HB 629-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a student bill of rights.

 

FISCAL IMPACT:

Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time.  When completed, the fiscal note will be forwarded to the House Clerk's Office.

 

AGENCIES CONTACTED:

Department of Education