Revision: March 9, 2022, 12:56 p.m.
Rep. Cordelli, Carr. 4
March 7, 2022
2022-0998h
10/08
Amendment to HB 1131
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Schools; Instruction of Pupils; Facial Coverings Policy. Amend RSA 189 by inserting after section 10 the following new section:
189:10-a Facial Covering Policy for Schools. The school board of a school district or the chief executive officer of a chartered public school or public academy shall not adopt, enforce, or implement a policy that requires students or members of the public to wear a facial covering for any purpose while on the school’s property unless the facial covering is necessary for a specific extracurricular or instructional purpose, or is required by some other section of the law.
I. In this section, “facial covering” means any item worn on the face which covers a student’s mouth, nose, or both. This provision shall not prohibit any public school board or governing person or body of a school from requiring participating students to wear athletic gear intended to protect against concussive or similar sports-related physical damage, or to wear protective equipment while handling chemicals, fire, or other similar hazardous elements for scientific or similar educational purposes.
II. Any person claiming to be aggrieved by a violation of this section, including the attorney general, may initiate a civil action against a school, school district, school board, or other public education agency in superior court for injunctive and other legal or equitable relief. Any person aggrieved by an act prohibited by this section may also pursue all of the remedies available under RSA 491, RSA 275-E, or any other applicable common law or statutory cause of action.
III. Violation of this section by an educator shall be considered a violation of the educator code of conduct that justifies disciplinary sanction by the state board of education. For the purposes of this section, “educator” means a professional employee of any school whose position requires certification by the state board pursuant to RSA 189:39.
2 Effective Date. This act shall take effect upon its passage.
2022-0998h
AMENDED ANALYSIS
This bill prohibits school boards and other public education agencies from adopting, enforcing, or implementing a policy that requires students or members of the public to wear a facial covering.