CHAPTER 164

HB 140 - FINAL VERSION

 

05/20/2021   1425s

2021 SESSION

21-0265

06/04

 

HOUSE BILL 140

 

AN ACT relative to private rights of action regarding pupil safety.

 

SPONSORS: Rep. Cordelli, Carr. 4; Rep. Ladd, Graf. 4; Rep. Boehm, Hills. 20; Rep. Verville, Rock. 2; Rep. Shaw, Hills. 16; Rep. A. Lekas, Hills. 37; Rep. J. Osborne, Rock. 4; Rep. Layon, Rock. 6; Sen. Ward, Dist 8

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill creates a private right of action for bullying and cyberbullying.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/20/2021   1425s 21-0265

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to private rights of action regarding pupil safety.

 

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

 

164:1  Safety and Violence Prevention; Pupil Safety Private Right of Action.  RSA 193-F:9 is repealed and reenacted to read as follows:

193-F:9  Private Right of Action Permitted.  Any person aggrieved as a result of gross negligence or willful misconduct in violation of any provision of RSA 193-F:4 may initiate an action against a school district or chartered public school and may recover court costs and reasonable attorney's fees as the prevailing party.  For the purposes of this chapter, "gross negligence" means deliberate indifference.  Nothing in this section shall supercede or replace existing rights or remedies under any other law.

164:2  Effective Date.  This act shall take effect upon its passage.

 

Approved: July 30, 2021

Effective Date: July 30, 2021