Signed by Governor Chris Sununu

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that amends school disciplinary policies to address student behavioral needs.

Highlights:

• Authorizes the superintendent, chartered public school director, or a representative designated in writing by the superintendent or chartered public school director, to suspend pupils from school for up to 10 days for (Sec. 38:1): 

• Behavior that is detrimental to the health, safety, or welfare of pupils or school personnel; or

• Repeated and willful disregard of the reasonable rules of the school that is not remediated through the imposition of the district’s graduated sanctions.

• Authorizes the school board, chartered public school board of trustees, or a representative designated in writing, to extend the suspension of a pupil up to 10 additional consecutive school days for (Sec. 38:1):

• An act that constitutes the act of theft, destruction, or violence; 

• Bullying pursuant to school district policy when the pupil has not responded to targeted interventions and poses an ongoing threat to the safety or welfare of another student; or

• Possession of a firearm, BB gun, or paintball gun.

• Authorizes any student to be expelled from school by the local school board or board of trustees for an act that poses an ongoing threat to the safety of students or school personnel that constitutes (Sec. 38.1):

• A repeated act under the previous highlight;

• Any act of physical or sexual assault that would be a felony if committed by an adult;

• Any act of violence; or

• Criminal threatening.

• Prohibits expelled students from returning to school until reinstated by the local board or chartered public school board of trustees (Sec. 38:1).

• Requires the local school board or chartered public school board of trustees to consider each of the following factors before expelling a student (Sec. 38:1).

• The pupil’s age;

• The pupil’s disciplinary history;

• Whether the pupil is a student with a disability;

• The seriousness of the violation or behavior committed by the pupil;

• Whether the school district or chartered public school has implemented positive behavioral interventions; and 

• Whether a lesser intervention would properly address the violation or behavior committed by the pupil.

• Authorizes the per-pupil amount of the additional education grant to be 50 percent of the amount distributed under state code based on the number of enrolled and present students on the first day of school in the current year in a full-day kindergarten program (Sec 38:2).

• Requires the Department of Education to collaborate with the Brain Injury Association of New Hampshire to develop a concussion and traumatic brain injury return to learning policy and plan for school districts, which must include a recommendation on school-based concussion and brain injury in-service training (Sec. 38:16). 

• Authorizes a school district to authorize, by legislative vote, the district to retain any unused portion of the year-end unassigned general funds from the preceding fiscal year in the subsequent fiscal year, provided that the total amount of year-end general funds do not exceed 5 percent of the current fiscal year’s net assessment (Sec. 38:25).

• Requires the Department of Education to complete a criminal history records check on all school bus drivers and transportation monitors (Sec. 38:33).

• Specifies that the position of background check coordinator is to be a classified employee who is qualified to hold such a position through education and experience and will be subject to any employment requirements determined by the respective department (Sec. 38:36).

Full Bill Text