HB 238 – AS INTRODUCED
2007 SESSION
04/09
HOUSE BILL 238
This bill establishes a committee to study granting limited civil liability to teachers arising from their incidental service as de facto substitute parents and babysitters in the course of the school day.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0944
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT establishing a committee to study limited liability for school teachers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study limited liability for school teachers.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, one each from the criminal justice and public safety, education, and judiciary committees, appointed by the speaker of the house of representatives.
(b) Three members of the senate, one of whom shall be from the education committee, and one of whom shall be from the judiciary committee, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties.
I. The committee shall study methods of granting limited immunity from civil suit and damages for teachers arising from their incidental service as de facto substitute parents and babysitters in the course of the school day, including immunity for:
(a) Anything a teacher might say to a student up to, but not including, obscenities and non-facetious threats of bodily harm.
(b) Physical restraint which does not cause bodily injury.
(c) Mild forms of corporal punishment and other disciplinary measures that a parent might apply to his or her own child without incurring civil liability or criminal culpability.
II. The committee may consult with and solicit input from any individual with information or expertise relevant to the committee’s objective.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2007.
6 Effective Date. This act shall take effect upon its passage.