HB 1457 - AS INTRODUCED
2016 SESSION
\t16-2482
\t04/05
HOUSE BILL\t1457
AN ACT\testablishing a code of professional ethics for New Hampshire teachers.
SPONSORS:\tRep. Ladd, Graf. 4; Rep. Balcom, Hills. 21; Rep. Weyler, Rock. 13; Sen. Avard, Dist 12; Sen. Reagan, Dist 17
COMMITTEE:\tEducation
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ANALYSIS
\tThis bill establishes a code of professional ethical standards and practices for teachers.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2482
\t04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\testablishing a code of professional ethics for New Hampshire teachers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subparagraph; Professional Standards Board. Amend RSA 186:60, VI by inserting after subparagraph (d) the following new subparagraph:
\t\t\t(e) The board shall oversee and enforce the code of professional ethical standards and practices established in RSA 186:60-a.
\t2 New Section; Board of Professional Standards Code of Professional Ethical Standards and Practices. Amend RSA 186 by inserting after section 60 the following new section:
\t186:60-a Code of Professional Ethical Standards and Practices.
\t\tI. There is established a code of professional ethical standards and practices that adheres to the fundamental belief that the student is the foremost reason for the existence of the teaching profession. The public has vested the teaching profession with trust and responsibility requiring the highest ideals of the profession. Therefore, the teacher accepts both the trust and responsibility to practice the profession according to the highest possible degree of ethical conduct and standards. The teacher shall value the worth and dignity of every person, the pursuit of truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship. Essential to the achievement of these standards are the freedom to learn and to teach and the guarantee of equal opportunity for all. The teacher's primary professional concern will always be for the student and for the development of the student's potential. The teacher will therefore strive for professional growth and will seek to exercise the best professional judgment and integrity. Such professional responsibilities shall include the commitment to the students, the teaching profession, and the community.
\t\tII. The professional standards board pursuant to RSA 186:60 shall govern all matters dealing with the professional ethical standards and practices for teachers. A violation of this section shall constitute grounds for disciplinary action, subject to the provisions of RSA 189:14-a through 189:14-d, which include the issuance of a warning or reprimand or both, suspension or revocation of the license of the affected teacher, or other appropriate disciplinary action. For the purpose of this section, "teacher" means a person who is applying for, who holds, or who is employed under a teaching certificate, teaching credential, or other equivalent certificate, issued by the state board of education.
\t\tIII. In fulfilling obligations to students, the New Hampshire teacher:
\t\t\t(a) Shall not, without just cause, deny the student access to varying points of view.
\t\t\t(b) Shall not intentionally suppress or distort subject matter relevant to a student's academic program.
\t\t\t(c) Shall protect the student from conditions detrimental to learning or to physiological or psychological well-being.
\t\t\t(d) Shall not engage in physical abuse of a student or sexual conduct with a student and shall report to the professional standards board any knowledge of such an act by an teacher.
\t\t\t(e) Shall not harass, discriminate against, or grant a discriminatory advantage to a student on the grounds of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, or sexual orientation; shall make reasonable effort to assure that a student is protected from harassment or discrimination on these grounds; and may not engage in a course of conduct that would encourage a reasonable student to develop a prejudice on these grounds.
\t\t\t(f) Shall not use professional relationships with a student for personal advantage or gain.
\t\t\t(g) Shall disclose confidential information about individuals, in accordance with state and federal laws, only when a compelling professional purpose is served or when required by law.
\t\t\t(h) Shall accord just and equitable treatment to all students as they exercise their educational rights and responsibilities.
\t\t\t(i) Shall require written consent from a parent/guardian when a survey, analysis, or evaluation is required or voluntary by a school and is funded in whole or in part any pro ram administered by the United States Department of Education, the state, the school, or school district that reveals information concerning the following:
\t\t\t\t(1) Political affiliations.
\t\t\t\t(2) Mental and psychological problems potentially embarrassing to the student or the family.
\t\t\t\t(3) Sexual behavior and attitudes.
\t\t\t\t(4) Illegal, anti-social, self-incriminating, and demeaning behavior.
\t\t\t\t(5) Critical appraisals of other individuals with whom respondents have close family relationships.
\t\t\t\t(6) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
\t\t\t\t(7) Religious practices, affiliations, or beliefs of the student or student's parent.
\t\t\t\t(8) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
\t\t\t(j) The teacher shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to:
\t\t\t\t(1) The nature, purpose, timing, and amount of the communication.
\t\t\t\t(2) The subject matter of the communication.
\t\t\t\t(3) Whether the communication was made openly or the teacher attempted to conceal the communication.
\t\t\t\t(4) Whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship.
\t\t\t\t(5) Whether the communication was sexually explicit.
\t\t\t\t(6) Whether the communication involved discussion of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the teacher or the student.
\t\tIV. In fulfilling obligations to the profession, the New Hampshire teacher:
\t\t\t(a) Shall accord just and equitable treatment of all members of the profession in the exercise of their professional rights and responsibilities.
\t\t\t(b) Shall not, on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical condition, family, social or cultural background, or sexual orientation, deny to a colleague a professional benefit, advantage, or participation in any professional organization, nor discriminate in employment practice, assignment, or evaluation of personnel.
\t\t\t(c) Shall not sexually harass a fellow employee.
\t\t\t(d) Shall withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves a compelling professional purpose.
\t\t\t(e) Shall present complete and accurate information on the application for licensure and employment.
\t\t\t(f) Shall present complete and accurate information on any document in connection with professional responsibilities.
\t\t\t(g) Shall present evaluations of and recommendations for colleagues fairly, accurately, and professionally.
\t\t\t(h) Shall cooperate with the education standards and practices board in inquiries and hearings and shall not file false complaints or shall not seek reprisal against any individuals involved with the complaint.
\t\t\t(i) Shall not knowingly distort, withhold or misrepresent information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
\t\t\t(j) Shall not breach a professional employment contract.
\t\t\t(k) Shall not knowingly assign professional duties for which a professional teacher's license is required.
\t\t\t(l) Shall not accept a gratuity, gift, or favor that might influence or appear to influence professional judgment, nor offer a gratuity, gift, or favor to obtain special advantage.
\t\t\t(m) Shall exhibit professional conduct in safeguarding and maintaining the confidentiality of test materials and information.
\t\tV. In fulfilling these obligations to the public, the New Hampshire teacher:
\t\t\t(a) Shall distinguish between personal views and the views of the employing educational agency.
\t\t\t(b) Shall not distort or misrepresent the facts concerning educational matters.
\t\t\t(c) Shall not interfere in the exercise of political and citizenship rights and responsibilities of others.
\t3 Effective Date. This act shall take effect July 1, 2017.