Revision: Dec. 10, 2009, midnight
HB 1523 – AS INTRODUCED
2010 SESSION
04/05
HOUSE BILL 1523
AN ACT revising the pupil safety and violence prevention act.
SPONSORS: Rep. Schlachman, Rock 13; Rep. Judith Day, Rock 13; Rep. Spaulding, Hills 18; Rep. Stiles, Rock 15; Rep. P. Price, Hills 26; Sen. Hassan, Dist 23; Sen. Kelly, Dist 10
This bill revises the statute on pupil safety and violence prevention to include harassment, intimidation, bullying, and cyberbullying.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2094
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT revising 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. Amend RSA 193-F:2 to read as follows:
193-F:2 Purpose and Intent. The general court hereby finds that 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 must be to protect our children from physical, emotional, and psychological violence by dealing with harassment, [including “bullying”,] intimidation, bullying, and cyberbullying in our public schools in order to prevent the creation of a hostile educational environment.
2 Pupil Safety and Violence Prevention; Definitions. RSA 193-F:3 through RSA 193-F:5 are repealed and reenacted to read as follows:
193-F:3 Definitions. In this chapter:
I.(a) “Bullying, harassment, or intimidation,” means a single incident or pattern of significant severity involving a written, verbal, or physical act, or any electronic communication which is intended to:
(1) Physically harm a pupil or damage the pupil’s property; or
(2) Cause substantial emotional distress to a pupil; or
(3) Substantially interfere with a pupil’s educational opportunities; or
(4) Be severe, persistent, or pervasive so as to create an intimidating or threatening educational environment; or
(5) Substantially disrupt the orderly operation of the school.
(b) “Bullying, harassment, or intimidation” shall also include actions shown to be motivated by an imbalance of power, including but not limited to 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, or other distinguishing personal characteristics, or based on association with any person identified in any of the categories set forth in this subparagraph.
II. “Cyberbullying” means conduct prohibited in paragraph I of this section through means of electronic devices. “Cyberbullying” shall include being cruel to others by sending or posting harmful material or engaging in other forms of social cruelty using the Internet or other digital technologies, direct harassment, and indirect activities that are intended to damage the reputation or interfere with the relationships of the student targeted, such as posting harmful material, impersonating the person, disseminating personal information or images, or activities that result in exclusion.
III. “School property” means all real property and all physical plant and equipment used for school purposes, including public or private school buses or vans.
193-F:4 Pupil Safety and Violence Prevention.
I. Bullying, harassment, intimidation, or cyberbullying shall occur when an action defined in RSA 193-F:3 occurs on or is delivered to school property or a school sponsored activity or event on or off school property.
II. The school board of each school district shall adopt a policy prohibiting bullying, harassment, intimidation, and cyberbullying. Such policy shall include the definitions set forth in RSA 193-F:3.
III. A school district shall involve, to the greatest extent practicable, pupils, parents, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing the policy. To the extent possible, the school district policy should be integrated with the school’s curriculum, discipline policies, behavior programs, and other violence prevention efforts.
IV. The policy shall contain, at a minimum, the following components:
(a) A statement prohibiting bullying, harassment, intimidation, or cyberbullying of a pupil.
(b) A statement prohibiting retaliation or false accusations against a target, witness, or one with information about an act of bullying, harassment, intimidation or cyberbullying.
(c) A requirement that all pupils are protected regardless of their status under the law.
(d) A statement indicating how the policy will be made known to school employees, regular school volunteers, pupils, parents, legal guardians, relative caretakers, or employees of a company under contract to a school, school district, or chartered public school. Recommended methods of communication include, but are not limited to, handbooks, websites, newsletters, and workshops.
(e) A procedure for reporting cases of bullying, harassment, intimidation, or cyberbullying that identifies all persons to whom a pupil or another person may report bullying, harassment, or intimidation includes reporting requirements imposed on persons receiving such reports and a procedure for notification, within 48 hours of the report, to the parent or guardian of a victim of bullying, harassment, intimidation, or cyberbullying and the parents or guardians of the perpetrator of bullying, harassment, intimidation, or cyberbullying. 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 approved written policy.
(f) The identification by job title of school officials responsible for ensuring that the policy is implemented.
(g) A written procedure for each school to document substantiated prohibited incidents that are reported and a procedure for annual reporting all incidents of bullying, harassment, intimidation, or cyberbullying to the department of education.
(h) A written procedure for investigation and documentation of reports of violations and complaints, initiated within 7 school days of the report, identifying either the principal or the principal’s designee as the person responsible for the investigation. Extensions to this timeline may be granted, in writing, by the superintendent or designee if necessary.
(i) A written procedure for communication with parents or guardians of victims and perpetrators regarding the school’s remedies and assistance, within the boundaries of applicable law. Such communication shall occur within 10 days of completion of the investigation.
(j) Written consequences and interventions for a pupil who commits an act of bullying, harassment, intimidation, or cyberbullying, or falsely accuses another as a means of retaliation, reprisal, or as a means of bullying, harassment, intimidation, or cyberbullying.
(k) A strategy for protecting pupils, both victims and perpetrators, from retaliation when indicated.
193-F:5 Training and Assessment.
I. Each school district shall provide only evidence-based educational programs in its efforts to prevent bullying, harassment, intimidation, or cyberbullying including:
(a) Annual training for school employees, regular school volunteers, parents, legal guardians, relative caretakers, or employees of a company under contract to a school, school district, or chartered public school who have significant contact with pupils in preventing, identifying, responding to, and reporting incidents of bullying, harassment, intimidation, or cyberbullying; and
(b) An educational program for pupils and parents in preventing, identifying, responding to, and reporting incidents of bullying, harassment, intimidation, or cyberbullying.
II. Nothing in this chapter shall require the inclusion of any curriculum, textbook, presentation, or other material designed to prevent bullying, harassment, intimidation, or cyberbullying in any program or activity conducted by an educational institution. The omission of such subject matter from any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution shall not constitute a violation of this chapter.
3 New Sections; Pupil Safety and Violence Prevention; Accountability and Reporting; Immunity. Amend RSA 193-F by inserting after section 5 the following new sections:
193-F:6 Accountability and Reporting.
I. Each school district and chartered public school shall report substantiated incidences of bullying, harassment, intimidation, or cyberbullying to the department of education. The department shall maintain records of such reports.
II. The department of education shall prepare an annual report, which shall include a summary of substantiated incidences of bullying, harassment, intimidation, or cyberbullying. The report shall detail the current levels and nature of bullying, harassment, intimidation, or cyberbullying in the schools including recommendations for appropriate actions to address identified problems. The report shall be submitted no later than November 1 of each year to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate education committees.
193-F:7 Immunity. A school employee, regular school volunteer, pupil, parent, legal guardian, relative caretaker, or employee of a company under contract to a school, school district, or chartered public school, shall be immune from civil liability for good faith conduct under this chapter and shall be immune from any civil liability which may arise from the failure to remedy the reported incident.
4 Effective Date. This act shall take effect 60 days after its passage.