Bill Text - SB302 (2020)

Relative to suspension and expulsion of pupils.


Revision: Nov. 15, 2019, 9:45 a.m.

SB 302-FN - AS INTRODUCED

 

 

2019 SESSION

19-0883

06/04

 

SENATE BILL 302-FN

 

AN ACT relative to suspension and expulsion of pupils.

 

SPONSORS: Sen. Hennessey, Dist 5; Sen. Levesque, Dist 12

 

COMMITTEE: Education and Workforce Development

 

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ANALYSIS

 

This bill clarifies student behavior that justifies suspension and expulsion from school, limits the time a student may be suspended from school, and provides for educational assignments for suspended students.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0883

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to suspension and expulsion of pupils.

 

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

 

1  Suspension and Expulsion of Pupils.  RSA 193:13 is repealed and reenacted to read as follows:

193:13  Suspension and Expulsion of Pupils.  

I.(a)  The superintendent or chief administering officer, or a representative designated in writing by the superintendent or chief administering officer, may suspend pupils from school for a period not to exceed 5 consecutive school days for behavior that is detrimental to the health, safety, or welfare of other pupils or school personnel; or for repeated and willful disregard of the reasonable rules of the school that is not remediated through imposition of the district's set of graduated sanctions as set forth in paragraph X.

(b)  The school board, or a representative of the school board designated in writing, may, following a hearing, continue the suspension of a pupil for a period of up to 10 additional consecutive school days for acts of theft, destruction, or violence as defined in RSA 193-D, or for possessing a firearm, BB gun, or paint ball gun on school grounds.  The school board's designee may be the superintendent or any other individual, but may not be the individual who suspended the pupil for the first 5 days under subparagraph (a).  Any suspension shall be valid throughout the school districts of the state, subject to modification by the superintendent of the school district or the chief administering officer of the chartered public school in which the pupil seeks to enroll.

(c)  Any suspension in excess of 5 school days imposed under subparagraph (b) by any person other than the school board is appealable to the school board, provided that the superintendent received such appeal in writing within 10 days after the issuance of the decision being appealed.  The school board shall hold a hearing on the appeal, and shall have discretion to hear evidence or to rely upon the record of a hearing conducted under subparagraph (b).  The suspension under subparagraph (b) shall be enforced while such appeal is pending, unless the school board stays the suspension while the appeal is pending.

II.  Any pupil may be expelled from school by the local school board for repeated acts under subparagraph I(b), or for possessing a firearm on school grounds, and the pupil shall not attend school until restored by the local board.  Before expelling a pupil under this section, the local school board shall consider each of the following factors:

(a)  The pupil's age.

(b)  The pupil's disciplinary history.

(c)  Whether the pupil is a student with a disability.

(d)  The seriousness of the violation or behavior committed by the pupil.

(e)  Whether the school district has conducted a functional behavior assessment and implemented a positive behavior intervention plan as provided in paragraph V.

(f)  Whether a lesser intervention would properly address the violation or behavior committed by the pupil.

III.  Any expulsion shall be subject to review if requested prior to the start of each school year and any parent or guardian may appeal any such expulsion by the local board to the state board of education at any time while the expulsion remains in effect.  Any expulsion shall be valid throughout the school districts of the state, subject to suspension or termination by the superintendent of the school district or chief administering officer of the chartered public school in which the pupil seeks to enroll.

IV.  Any pupil who brings or possesses a firearm as defined in 18 U.S.C. section 921(a)(3) in a safe school zone as defined in RSA 193-D:1, II without written authorization from the superintendent, chief administering officer, or designee, shall be expelled from school by the local school board for a period of not less than 12 months.  Nothing in this section shall be construed to prevent the local school district that expelled the student from providing educational services to such student in an alternative setting.

V.  School districts shall make educational assignments available to the suspended pupil during periods of suspension up to 20 cumulative days.  Except as provided in paragraphs I and II, the total number of days for which a pupil may be suspended from school shall not exceed 20 school days in any school year unless the pupil is provided alternative educational services designed to enable him or her to advance from grade to grade.  Any time a pupil is suspended more than 5 days in any school year, the school district shall conduct a functional behavior assessment and implement a positive behavior intervention plan within 30 days of the pupil's return to school.  A pupil expelled from school in another state under the provisions of the Gun-Free Schools Act of 1994 shall not be eligible to enroll in a school district in New Hampshire for the period of such expulsion.

VI.  The local school board shall adopt a policy which allows the superintendent or chief administering officer to modify the expulsion and enrollment requirements set forth in paragraphs III and V on a case by case basis.

VII.  For purposes of paragraphs I, II, and III, the school board may be either the school board or a subcommittee of the board duly authorized by the school board.

VIII.  Nothing in this section shall prevent a superintendent or chief administering officer from terminating a student's out-of-school suspension or expulsion, as deemed appropriate, based on student-centered factors.

IX.  The provisions of this section shall be construed in a manner consistent with RSA 186-C.

X.  The state board of education shall require school districts to establish policies on school discipline that contain a system of consequences designed to correct student misconduct and promote behavior within acceptable norms.  Such policies shall:

(a)  Include a graduated set of age appropriate responses to misconduct that may include, but not be limited to, parent conferences, counseling, peer mediation, instruction in conflict resolution and anger management, community service, rearranging class schedules, restriction from extra-curricular activities, detention, in-school suspension, out-of-school suspension, and expulsion.

(b)  Contain the specific basis for in-school suspensions, short term out-of-school suspensions, suspensions of over 5 days, and expulsions.

XI.  Each school district shall make its policy on school discipline:

(a)  Available to parents at the beginning of each school year along with a statement describing the procedural protections available to students subject to school discipline.

(b)  Publicly available either on the district website or by providing a copy to the department of education which shall publish it on its website.

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

 

LBAO

19-0883

1/29/19

 

SB 302-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to suspension and expulsion of pupils.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Education who was originally contacted on January 5, 2019 for a fiscal note worksheet, which they have not provided as of January 29, 2019.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

 

AGENCIES CONTACTED:

Department of Education