Bill Text - HB216 (2017)

(New Title) relative to educational assignments for pupils who have been suspended.


Revision: Jan. 30, 2017, 12:02 p.m.

HB 216 - AS INTRODUCED

 

 

2017 SESSION

17-0214

04/01

 

HOUSE BILL 216

 

AN ACT relative to the procedure for expulsion of certain pupils.

 

SPONSORS: Rep. Ladd, Graf. 4; Rep. Myler, Merr. 10; Rep. Grenier, Sull. 7; Rep. Shaw, Hills. 16; Sen. Watters, Dist 4

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill provides that no pupil in kindergarten through grade 2 shall be expelled from a public school.  The bill also establishes circumstances under which a pupil in kindergarten through grade 2 may be suspended.  

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0214

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the procedure for expulsion of certain pupils.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  School Attendance; Suspension and Expulsion.  Amend RSA 193:13, II-IV to read as follows:

II.(a)  Any pupil in grades 3 through 12 may be expelled from school by the local school board for gross misconduct, or for neglect or refusal to conform to the reasonable rules of the school, or for an act of theft, destruction, or violence as defined in RSA 193-D:1, or for possession of a pellet or BB gun, rifle, or paint ball gun, and the pupil shall not attend school until restored by the local board.  Any expulsion shall be subject to review if requested prior to the start of each school year and further, any parent or guardian has the right to appeal any such expulsion by the local board to the state board of education.  Any expulsion shall be valid throughout the school districts of the state.

(b)  No pupil in kindergarten through grade 2 shall be expelled.  A pupil in kindergarten through grade 2 who possesses a firearm as defined in section 921 of Title 18 of the United States Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the superintendent or designee, or who exhibits violent conduct which endangers school or pupil safety, or who possesses or sells a controlled drug prohibited under RSA 318-B, may be suspended, provided that the school shall make educational assignments available to the suspended pupil during the period of suspension.  

III.  [Any] A pupil in grades 3 through 12 who brings or possesses a firearm as defined in section 921 of Title 18 of the United States Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the superintendent or designee shall be expelled from school by the local school board for a period of not less than 12 months.

IV.  The local school board shall adopt a policy which allows the superintendent or chief administering officer to modify the expulsion requirements for pupils in grades 3 through 12 as set forth in paragraphs II and III on a case by case basis.

2  Effective Date.  This act shall take effect 60 days after its passage.

HB 216 - AS INTRODUCED

 

 

2017 SESSION

17-0214

04/01

 

HOUSE BILL 216

 

AN ACT relative to the procedure for expulsion of certain pupils.

 

SPONSORS: Rep. Ladd, Graf. 4; Rep. Myler, Merr. 10; Rep. Grenier, Sull. 7; Rep. Shaw, Hills. 16; Sen. Watters, Dist 4

 

COMMITTEE: Education

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill provides that no pupil in kindergarten through grade 2 shall be expelled from a public school.  The bill also establishes circumstances under which a pupil in kindergarten through grade 2 may be suspended.  

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

17-0214

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the procedure for expulsion of certain pupils.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  School Attendance; Suspension and Expulsion.  Amend RSA 193:13, II-IV to read as follows:

II.(a)  Any pupil in grades 3 through 12 may be expelled from school by the local school board for gross misconduct, or for neglect or refusal to conform to the reasonable rules of the school, or for an act of theft, destruction, or violence as defined in RSA 193-D:1, or for possession of a pellet or BB gun, rifle, or paint ball gun, and the pupil shall not attend school until restored by the local board.  Any expulsion shall be subject to review if requested prior to the start of each school year and further, any parent or guardian has the right to appeal any such expulsion by the local board to the state board of education.  Any expulsion shall be valid throughout the school districts of the state.

(b)  No pupil in kindergarten through grade 2 shall be expelled.  A pupil in kindergarten through grade 2 who possesses a firearm as defined in section 921 of Title 18 of the United States Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the superintendent or designee, or who exhibits violent conduct which endangers school or pupil safety, or who possesses or sells a controlled drug prohibited under RSA 318-B, may be suspended, provided that the school shall make educational assignments available to the suspended pupil during the period of suspension.  

III.  [Any] A pupil in grades 3 through 12 who brings or possesses a firearm as defined in section 921 of Title 18 of the United States Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the superintendent or designee shall be expelled from school by the local school board for a period of not less than 12 months.

IV.  The local school board shall adopt a policy which allows the superintendent or chief administering officer to modify the expulsion requirements for pupils in grades 3 through 12 as set forth in paragraphs II and III on a case by case basis.

2  Effective Date.  This act shall take effect 60 days after its passage.