State law complies with minimum requirements of the federal Gun-Free Schools Act (GFSA).
New Hampshire Administrative Rules Ed 317.01 Purpose.
(a) These rules provide the minimum requirements to assure due process and statewide uniformity in the enforcement of RSA 193:13 and 193-D relative to disciplinary action of a pupil for: (1) Gross misconduct; (2) Neglect or refusal to conform to the reasonable rules of the school; or (3) Possession of: a. A pellet gun; b. Paint ball gun; c. B B gun; d. Rifle; e. A firearm as defined in 18USC 921; or f. Other dangerous weapon. (4) An act of theft, destruction, or violence in violation of RSA 193-D:1, et seq. (b) These rules also provide a standard that local school boards shall use in adopting and implementing a policy relative to pupil conduct and disciplinary procedures under RSA 193-D:2, II. (c) These rules also link discipline and due process to the requirements of Ed 1109 relative to children with disabilities.
New Hampshire Administrative Rules Ed 317.03 Standard for expulsion by local school board
(a) A school board which expels a pupil under RSA 193:13, II or III, shall state in writing its reasons, including the act leading to expulsion, and shall provide a procedure for review as allowed under RSA 193:13, II. (b) School boards shall make certain that the pupil has received notice of the requirements of RSA 193-D and RSA 193:13 through announced, posted, or printed school rules. (c) If a student is subject to expulsion and a firearm is involved, the superintendent shall contact local law enforcement officials whenever there is any doubt concerning: (1) Whether a firearm is legally licensed under RSA 159; or (2) Whether the firearm is lawfully possessed, as opposed to unlawfully possessed, under the legal definitions of RSA 159. (d) If a pupil brings or possesses a firearm in a safe school zone without written authorization from the superintendent, the following shall apply: (1) The superintendent shall suspend the pupil for a period not to exceed 10 days, pending a hearing by the local board; and (2) The school board shall hold a hearing within 10 days to determine whether the student was in violation of RSA 193:13, III and therefore is subject to expulsion.
New Hampshire Revised Statutes Annotated 193-D:2. State Board Rulemaking Authority; Public School District Policies.
I. The state board of education shall adopt rules relative to safe school zones, under RSA 541-A, for public school pupils and public school employees regarding: (a) Disciplinary proceedings, including procedures assuring due process. (b) (1) Standard and procedures for suspension and expulsion of pupils, including procedures assuring due process. (2) Standard and procedures which shall require expulsion of a pupil for knowingly possessing a firearm in a safe school zone without written authorization from the superintendent or designee. (c) Procedures pertaining to discipline of pupils with special needs, including procedures assuring due process. (d) Procedures for reporting acts of theft, destruction, or violence under RSA 193-D:4. II. Nothing in this chapter shall prohibit local school boards from adopting and implementing policies relative to pupil conduct and disciplinary procedures.
New Hampshire Revised Statutes Annotated 193-D:4 Written Report Required.
- (a) Any public or private school employee who has witnessed or who has information from the victim of an act of theft, destruction, or violence in a safe school zone shall report such act in writing immediately to a supervisor. A supervisor receiving such report shall immediately forward such information to the school principal who shall file it with the local law enforcement authority. Such report shall be made by the principal to the local law enforcement authority immediately, by telephone or otherwise, and shall be followed within 48 hours by a report in writing. If the alleged victim is a student, the principal shall also immediately notify the person responsible for the victim's welfare, as defined in RSA 169-C:3, XXII, that a report was made to the local law enforcement authority.
- (b) The provisions of subparagraph (a) shall not apply to any simple assault involving pupils in kindergarten through grade 12 if the local school board has adopted a discipline policy which sets forth circumstances under which parents shall be notified of simple assaults.
- (c) Each school district, in conjunction with the local law enforcement authority, shall establish a memorandum of understanding for administering the provisions of RSA 193-D:4, I(a)-(c).
II. The report required under paragraph I shall include:
- (a) The name and home address, if known, of any person suspected of committing an act of theft, destruction, or violence in a safe school zone.
- (b) The name and home address, if known, of any witness to the act of theft, destruction, or violence in a safe school zone.
- (c) Identification of the act of theft, destruction, or violence as defined in RSA 193-D:1 that was allegedly committed.
New Hampshire Revised Statutes Annotated 193:13 Suspension and Expulsion of Pupils.
III. Any pupil who brings or possesses a firearm as defined in section 921 of Title 18 of the United States Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the superintendent or designee shall be expelled from school by the local school board for a period of not less than 12 months. IV. The local school board shall adopt a policy which allows the superintendent or chief administering officer to modify the expulsion requirements set forth in paragraphs II and III on a case by case basis. V. Any pupil expelled by a local school board under the provisions of the Gun-Free Schools Act of 1994 shall not be eligible to enroll in another school district in New Hampshire for the period of such expulsion. Nothing in this section shall be construed to prevent the local school district that expelled the student from providing educational services to such students in an alternative setting. VI. A pupil expelled from school in another state under the provisions of the Gun-Free Schools Act of 1994 shall not be eligible to enroll in a school district in New Hampshire for the period of such expulsion. VII. For purposes of paragraphs I, II, and III, school board may be either the school board or a subcommittee of the board duly authorized by the school board.