Bill Text - SB263 (2019)

Relative to anti-discrimination protection for students in public schools.


Revision: March 29, 2019, 1:20 p.m.

SB 263 - AS AMENDED BY THE SENATE

 

03/28/2019   1141s

03/28/2019   1290s

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

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, physical or mental 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 may initiate a civil action against a school or school district in superior court for relief at law or at equity.  The attorney general may also initiate a civil action against a school or school district pursuant to this section for relief at law or at equity.  

2  New Section; Discrimination Prevention Policy.  Amend RSA 193-F by inserting after section 8-a the following new section:

193-F:8-b  Discrimination Prevention Policy Required.

I.  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, race, creed, color, marital status, familial status, physical or mental disability, national origin, or any other classes protected under RSA 354-A.  

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