Revision: Jan. 5, 2012, midnight
HB 296 – AS INTRODUCED
HOUSE BILL 296
This bill provides that, unless an incident presents a serious threat to school safety, the school district shall attempt to resolve the issue through available educational interventions before filing a juvenile delinquency petition.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to procedures for juvenile delinquency petitions filed by a school district or school official.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Juvenile Delinquency; Definition of Serious Threats to School Safety. Amend RSA 169-B:2 by inserting after paragraph XIII the following new paragraph:
XIV. “Serious threats to school safety” means acts involving weapons; acts involving the possession, sale, or distribution of controlled substances; acts that cause serious bodily injury to other students or school employees; threats to cause bodily injury to students or school employees, where there is a reasonable probability that such threats will be carried out; acts that constitute felonious sexual assault or aggravated felonious sexual assault under RSA 632-A; arson under RSA 634:1; robbery under RSA 636:1; and criminal mischief under RSA 634:2, II and RSA 634:2, II-a.
2 New Paragraphs; Juvenile Delinquency Petition. Amend RSA 169-B:6 by inserting after paragraph II the following new paragraphs:
III. Absent serious threats to school safety, when a delinquency petition is filed by a school official, including school resource officers assigned to a school district pursuant to a contract agreement with the local police department, or when a petition is filed by a local police department as a result of a report made by a school official or school resource officer, based upon acts committed on school grounds during the school day, information shall be included in the petition which shows that the legally liable school district has sought to resolve the expressed problem through available educational approaches, including the school discipline process, if appropriate, that the school has sought to engage the parents or guardian in solving the problem but they have been unwilling or unable to do so, that the minor has not responded to such approaches and continues to engage in delinquent behavior, and that court intervention is needed.
IV. When a school official, including school resource officers assigned to a school district pursuant to a contract agreement with the local police department, or a local police department as a result of a report made by a school official or school resource officer, files a petition involving a minor with a disability pursuant to RSA 186-C, information shall be included which demonstrates that the legally liable school district:
(a) Has determined that the minor has a disability;
(b) Has determined whether the conduct leading to the juvenile petition is a manifestation of the minor’s disability; and
(c) Has reviewed for appropriateness the minor’s current individualized education program (IEP), behavior intervention plan, and placement, and has made modifications where appropriate.
3 Effective Date. This act shall take effect January 1, 2012.