Amendment 2023-0232h to HB629 (2023)

Establishing a student bill of rights.


Revision: March 16, 2023, 5:14 p.m.

Rep. Tanner, Sull. 5

January 31, 2023

2023-0232h

09/10

 

 

Amendment to HB 629-FN

 

Amend the bill by replacing all after the enacting clause with the following:

 

1  Statement of Findings.  The general court hereby finds:

I. Public education as a cornerstone of a healthy, diverse and productive society, is instrumental in helping to chart the course of progress for our nation's future.

II.  The transformative impact of public education upon our nation’s history, civic institutions, colleges and universities, and the economy is well documented.

III.  Students, who rightly enjoy privileges and protections under the constitutions and laws of the United States and the state of New Hampshire, will benefit from a deeper awareness and knowledge of those rights, including their evolution and interpretation, and how they may be subject to extension or elimination through executive, legislative, or judicial actions.

IV.  Students who have a fuller understanding of their legal rights, and the wellspring of associated societal benefits, are likely to be more active in exercising those rights and more resolute in enforcing their proper administration and protection.

V.  Whether in matters of free speech, privacy, equal protection under the law, or voting rights, the engagement of an active citizenry is critical to our nation and its democratic ideals.

VI.  In recognition of the role that public education can play in providing students with information about their rights, both as students and as minors, and their employment for the betterment of education and society, intends to require each public school to incorporate a statement of student rights into current policy and practice.

2  New Chapter; Student Bill of Rights.  Amend RSA by inserting after chapter 189-A the following new chapter:

CHAPTER 189-B

STUDENT BILL OF RIGHTS

189-B:1  Short Title.  This chapter shall be known as the student bill of rights.

189-B:2  Definitions.  In this chapter:  "public school student" means any child enrolled in a New Hampshire public or chartered public school.

189-B:3  School Policy Manuals.  Each school district shall incorporate the student bill of rights into their policy manual, post it on the school district's website, and include it in materials distributed to parents annually.

189-B:4  Student Rights.

I.  Public school students are subject to the United States Constitution, its privileges, and protections, including:

(a)  The free exercise of religion;

(b)  The freedom of speech and publication;

(c)  The right to peacefully assemble;

(d)  The right to petition the government for a redress of grievances;

(e)  The freedom from unreasonable searches and seizures;

(f)  The right to due process of law; and

(g)  The right to equal protection under the law.

II.  Public school students are subject to numerous privileges and protections derived from federal statutes, examples of which include:

(a)  The right of public school students with identified disabilities to receive a free and appropriate education that addresses their individual needs;

(b)  The right of public school students with disabilities to be free from discrimination with regard to accessing educational programs and facilities; and

(c)  The right to be free from discrimination with regard to accessing educational programs and activities offered by a recipient of federal financial assistance.

III.  Public school students are subject to the New Hampshire constitution and its privileges and protections, including:

(a)  The right to seek and obtain happiness.

(b)  The right to free speech and the liberty to publish.

(c)  The right of petition and peaceful assembly.

(d)  The right of personal privacy.

(e)  The right to absolute freedom of conscience in all matters of religious sentiment, belief, and worship.

(f)  The right to attend public schools that are funded in a manner that is consistent with the state's paramount duty of making ample provision for the education of all children residing within it's borders.

(g)  The right to have schools that are maintained wholly or partially by public funds free from sectarian control or influence.

(h)  The right to countenance and inculcation of the principles of humanity and general benevolence.

(i)  The right of qualified persons to vote in all elections.

IV.  Public school students are subject to numerous privileges and protections derived from New Hampshire state statutes, examples of which include:

(a)  The right to access, without tuition, each resident school district’s K-12 basic education program for students of qualifying age.

(b)  The right to an education that provides students with the opportunities to develop the knowledge and skills necessary to meet state and district established graduation requirements intended to provide students with a meaningful diploma that prepares them for post-secondary education, gainful employment and citizenship.

(c)  Due process rights related to disciplinary measures and educational access.

(d)  The right to an education and access to all educational activities and facilities without fear of discrimination.

(e)  The right of minors residing in criminal justice facilities to receive an education.

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