HB 1458 - AS INTRODUCED
2016 SESSION
\t16-2485
\t04/10
HOUSE BILL\t1458
AN ACT\trelative to social media policies for educational institutions.
SPONSORS:\tRep. Seaworth, Merr. 20; Rep. Jones, Straf. 24; Rep. Simmons, Hills. 17; Rep. Whitehouse, Straf. 2
COMMITTEE:\tEducation
-----------------------------------------------------------------
ANALYSIS
\tThis bill amends the statute governing social media policies in educational institutions.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2485
\t04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to social media policies for educational institutions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Educational Institutions Policies on Social Media. Amend RSA 189:70 to read as follows:
\t189:70 Educational Institution Policies on Social Media.
\t\tI. An educational institution shall not:
\t\t\t(a) Require or request a student or prospective student [to disclose or] to provide access or to disclose for the purpose of providing access to a personal social media account through the student's or prospective student's user name, password, or other means of authentication that provides access.
\t\t\t(b) Require or request a student or prospective student to access a personal social media account [in the presence of any employee of the educational institution in a manner that enables the] for the purpose of enabling an employee of an educational institution to observe the contents of the personal social media account.
\t\t\t(c) Compel a student or prospective student to add anyone to his or her list of contacts associated with a personal social media account or require, request, suggest, or cause a student or prospective student to change the privacy settings associated with a personal social media account for the purpose of gaining access to private information.
\t\t\t(d) Take or threaten to take any action against a student or prospective student to discipline or prohibit such student or prospective student from participation in curricular or co-curricular activities for refusal to disclose information or to take actions specified in subparagraphs (a)-(c).
\t\t\t(e) Fail or refuse to admit a prospective student as a result of the refusal by the prospective student to disclose information or to take actions specified in subparagraphs (a)-(c).
\t\tII. Nothing in this subdivision shall prohibit an educational institution from adopting a policy which permits:
\t\t\t(a) Conducting an investigation, without requiring or requesting access to a personal social media account through username, password, or other means of authentication, for the purpose of ensuring compliance with applicable law or educational institution's policies against student misconduct based on the receipt of specific information about activity associated with a student's social media account. In the case of a minor, the educational institution may request the student's parent or guardian to provide specific data from the student's social media account.
\t\t\t(b) Revoking a student's access, in whole or in part, to equipment or computer networks owned or operated by the educational institution.
\t\t\t(c) Monitoring the usage of the educational institution's computer network.
\t\t\t(d) Requesting a student voluntarily share a printed copy of a specific communication from the student's social media account that is relevant to an ongoing investigation.
\t\tIII. This subdivision shall not apply to personal social media accounts that are created or provided by the educational institution if the student has been provided advance notice that the account may be monitored at any time by employees of the educational institution.
\t\tIV. In this section:
\t\t\t(a) "Educational institution'' means a public or private school, college, university, or other institution that offers students, participants, or trainees an organized course of study or training that is academic, technical, vocational, trade-oriented, or designed to prepare a person for employment. "Educational institution'' shall not include a military school, a home education program approved pursuant to RSA 193-A, or a private entity with less than 10 employees.
\t\t\t(b) "Social media account'' means an account, service, or profile on a social networking website that is used by a current or prospective student primarily for personal communications. This definition shall not apply to an account opened or provided by an educational institution and intended to be used solely on behalf of the educational institution.
\t2 Effective Date. This act shall take effect 60 days after its passage.