CHAPTER 282
SB 263 - FINAL VERSION
03/28/2019 1141s
03/28/2019 1290s
8May2019... 1690h
2019 SESSION
19-0995
08/05
SENATE BILL 263
AN ACT relative to anti-discrimination protection for students in public schools.
SPONSORS: Sen. Sherman, Dist 24; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Levesque, Dist 12; Sen. Rosenwald, Dist 13; Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Rep. Cannon, Straf. 18; Rep. M. Smith, Straf. 6; Rep. Altschiller, Rock. 19; Rep. Janvrin, Rock. 37; Rep. Ley, Ches. 9
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill creates a cause of action for persons injured by discrimination in public schools.
This bill also creates a cause of action for the attorney general in cases of discrimination in public schools.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/28/2019 1141s
03/28/2019 1290s
8May2019... 1690h 19-0995
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to anti-discrimination protection for students in public schools.
Be it Enacted by the Senate and House of Representatives in General Court convened:
282:1 New Subdivision; Discrimination in Public Schools. Amend RSA 193 by inserting after section 37 the following new subdivision:
Discrimination in Public Schools
193:38 Discrimination in Public Schools. No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion, or national origin, all as defined in RSA 354-A. Any person claiming to be aggrieved by a discriminatory practice prohibited under this section, including the attorney general, may initiate a civil action against a school or school district in superior court for legal or equitable relief, or with the New Hampshire commission for human rights, as provided in RSA 354-A:27-28.
193:39 Discrimination Prevention Policy Required. Each school district and chartered public school shall develop a policy that guides the development and implementation of a coordinated plan to prevent, assess the presence of, intervene in, and respond to incidents of discrimination on the basis of age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion, national origin, or any other classes protected under RSA 354-A.
282:2 New Subdivision; Opportunity for Public Education Without Discrimination a Civil Right. Amend RSA 354-A by inserting after section 26 the following new subdivision:
Opportunity for Public Education Without Discrimination a Civil Right
354-A:27 Opportunity for Public Education Without Discrimination a Civil Right. No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion or national origin, all as defined in this chapter.
354-A:28 Procedure on Public School Complaints.
I. Any person claiming to be aggrieved by a discriminatory practice prohibited under RSA 354-A:27 may initiate a civil action in superior court against a school or school district for legal or equitable relief, or file a complaint with the commission as provided in RSA 354-A:21. The attorney general may also initiate such a civil action in superior court or by complaint with the commission.
II. Any complaint filed with the commission pursuant to paragraph I shall comply with and be subject to the procedures outlined in this chapter, with the exception that such complaints may be removed to superior court at any time in compliance with RSA 508:4
282:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 19, 2019
Effective Date: September 17, 2019
| Date | Body | Type |
|---|---|---|
| March 4, 2019 | Senate | Hearing |
| March 28, 2019 | Senate | Floor Vote |
| March 27, 2019 | Senate | Floor Vote |
| April 10, 2019 | House | Hearing |
| April 18, 2019 | House | Exec Session |
| April 30, 2019 | House | Exec Session |
| House | Floor Vote | |
| May 8, 2019 | House | Floor Vote |
| May 15, 2019 | House | Hearing |
| May 28, 2019 | House | Exec Session |
| June 5, 2019 | House | Floor Vote |
July 19, 2019: Signed by the Governor on 07/19/2019; Chapter 282; Effective 09/17/2019
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 53
June 13, 2019: Sen. Hennessey Moved to Concur with the House Amendment, RC 15Y-9N, MA; 06/13/2019; SJ 20
June 5, 2019: Ought to Pass: MA RC 211-141 06/05/2019 HJ 17 P. 71
June 5, 2019: Amendment # 2019-2310h: AF DV 134-215 06/05/2019 HJ 17 P. 71
: Minority Committee Report: Ought to Pass with Amendment # 2019-2310h
: Majority Committee Report: Ought to Pass (Vote 13-6; RC)
June 5, 2019: Majority Committee Report: Ought to Pass for 06/05/2019 (Vote 13-6; RC) HC 27 P. 17
May 28, 2019: Executive Session: 05/28/2019 10:00 am LOB 208
May 15, 2019: Public Hearing: 05/15/2019 10:30 am LOB 208
May 8, 2019: Referred to Judiciary 05/08/2019 HJ 15 P. 18
May 8, 2019: Ought to Pass with Amendment 2019-1690h: MA RC 214-143 05/08/2019 HJ 15 P. 18
May 8, 2019: Amendment # 2019-1717h: AF RC 146-207 05/08/2019 HJ 15 P. 18
May 8, 2019: Amendment # 2019-1690h: AA VV 05/08/2019 HJ 15 P. 18
: Minority Committee Report: Ought to Pass with Amendment # 2019-1717h (NT)
: Majority Committee Report: Ought to Pass with Amendment # 2019-1690h (Vote 11-7; RC)
May 8, 2019: Majority Committee Report: Ought to Pass with Amendment # 2019-1690h for 05/08/2019 (Vote 11-7; RC) HC 23 P. 9
April 30, 2019: ==CONTINUED== Executive Session: 04/30/2019 10:00 am LOB 207
April 30, 2019: ==CANCELLED== Subcommittee Work Session: 04/30/2019 01:00 pm LOB 207
April 30, 2019: Subcommittee Work Session: 04/30/2019 01:00 pm LOB 207
April 23, 2019: Subcommittee Work Session: 04/23/2019 01:00 pm LOB 212
April 18, 2019: ==RECESSED== Executive Session: 04/18/2019 10:00 am LOB 207
April 10, 2019: Public Hearing: 04/10/2019 11:00 am LOB 207
March 20, 2019: Introduced 03/20/2019 and referred to Education HJ 11 P. 74
March 28, 2019: Ought to Pass with Amendment: 2019-1290s: Lines 1-11 to the period after RSA 354-A.; RC 20Y-3N, MA; OT3rdg; 03/28/2019; SJ 11
March 28, 2019: Sen. Bradley Floor Amendment # 2019-1290s, the balance of the amendment; RC 10Y-13N, AF; 03/28/2019; SJ 11
March 28, 2019: Sen. Bradley Floor Amendment # 2019-1290s: Lines 1-11 to the period after RSA 354-A.; RC 23Y-0N, AA; 03/28/2019; SJ 11
March 28, 2019: The Chair ruled the Question Divisible; 03/28/2019; SJ 11
March 28, 2019: Sen. Watters Moved to divide the Question on Floor Amendment # 2019-1290s: Lines 1-11 to the period after RSA 354-A. and then the balance of the amendment; 03/28/2019; SJ 11
March 28, 2019: Sen. Bradley Offered Floor Amendment # 2019-1290s; 03/28/2019; SJ 11
March 28, 2019: Committee Amendment # 2019-1141s, AA, VV; 03/28/2019; SJ 11
March 27, 2019: Committee Report: Ought to Pass with Amendment # 2019-1141s, 03/27/2019; SC 15
March 28, 2019: Committee Report: Ought to Pass with Amendment # 2019-1141s, 03/28/2019; SC 15
March 4, 2019: Hearing: 03/04/2019, Room 103, SH, 01:00 pm; SC 12
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Judiciary; SJ 4