Bill Text - SB179 (2023)

Relative to eliminating the use of seclusion as a form of punishment or discipline on children in schools and treatment facilities.


Revision: Dec. 20, 2022, 11:54 a.m.

 

2023 SESSION

23-0577.0

06/05

 

SENATE BILL [bill number]

 

AN ACT relative to eliminating the use of seclusion as a form of punishment or discipline on children in schools and treatment facilities.

 

SPONSORS: [sponsors]

 

COMMITTEE: [committee]

 

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ANALYSIS

 

This bill prohibits the use of seclusion as a form of punishment or discipline on children in schools and treatment facilities.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0577.0

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to eliminating the use of seclusion as a form of punishment or discipline on children in schools and treatment facilities.

 

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

 

1  Limiting the Use of Child Restraint Practices in Schools and Treatment Facilities; Prohibiting the Use of Seclusion.  Amend RSA 126-U:5-a to read as follows:

126-U:5-a  Limitation on the Use of Seclusion.

[I.]  Seclusion [may] shall not be used as a form of punishment or discipline.  [It may only be used when a child's behavior poses a substantial and imminent risk of physical harm to the child or to others, and may only continue until that danger has dissipated.

II.  Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child.

III.  Seclusion shall not be used in a manner that that unnecessarily subjects the child to the risk of ridicule, humiliation, or emotional or physical harm.]

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