State law provides comprehensive assurances of due process for students facing disciplinary action.
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 Administrative Rules Ed 317.04 Disciplinary Procedures.
(f) Due process in disciplinary proceedings shall include, at a minimum, the following:
- (1) In a short-term suspension:
- a. The superintendent or designee shall inform the pupil at the outset of the meeting of the meeting's purpose including the possibility of a short-term suspension;
- b. Oral or written notice of the charges and an explanation of the evidence against the pupil, which may be provided at or before this meeting;
- c. An opportunity for the pupil to present his/her side of the story;
- d. A written statement to the pupil and at least one of the pupil's parents or guardian explaining any disciplinary action taken against the student;
- (2) In a long-term suspension of a pupil:
- a. Written communication to the pupil and at least one of the pupil's parents or guardian, delivered in person or by mail to the pupil's last known address, prior to the hearing, of the charges and an explanation of the evidence against the pupil;
- b. A hearing in accordance with (f)(3)g.;
- c. A written decision which includes the legal and factual basis for the conclusion that the pupil should be suspended;
- d. If the hearing was conducted by the school board's designee, the decision may be appealed to the local school board under RSA 193:13, I; and
- e. If the hearing was conducted by the school board, the decision may be appealed to the state board;
- (3) In an expulsion by the local school board, due process shall include the following minimal requirements:
- a. A formal hearing shall be held before any expulsion;
- b. Such hearing may be held either before or after the short-term suspension has expired and pending the expulsion hearing;
- c. If the hearing is held after the expiration of a short-term suspension, the pupil shall be entitled to return to school after the short-term suspension has expired and pending the expulsion hearing, unless the student is still serving a long-term suspension;
- d. The school board shall provide written notice to the pupil and at least one of the pupil's parents or guardian, delivered in person or by mail to the pupil's last known address, of the date, time and place for a hearing before the local board;
- e. The written notice required by d. above shall include:
- A written statement of the charges and the nature of the evidence against the pupil; and
- A superintendent's written recommendation for school board action and a description of the process used by the superintendent to reach his/her recommendation;
- f. This notice shall be delivered to the pupil and at least one of the pupil's parents or guardian at least 5 days prior to the hearing;
- g. The following hearing procedures shall apply:
- The pupil, together with a parent or guardian may waive the right to a hearing and admit to the charges made by the superintendent;
- If the pupil is 18 years of age or older, the concurrence of a parent or guardian shall be unnecessary unless the pupil is subject to a guardianship which would prevent the pupil from waiving the right to hearing.
New Hampshire Revised StatuteAnnotated 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. (e) Reporting acts of violence against school employees, volunteers, and visitors. (f) A complaint procedure for those asserting that a provision of this chapter has been violated, and possible sanctions and penalties for such violation. 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 193:13 Suspension and Expulsion of Pupils.
I. (a) The superintendent or chief administering officer, or a representative designated in writing by the superintendent, is authorized to suspend pupils from school for a period not to exceed 10 school days for gross misconduct or for neglect or refusal to conform to the reasonable rules of the school and shall make educational assignments available to the suspended pupil during the period of suspension.
- (b) The school board or a representative designated in writing of the school board is authorized, following a hearing, to continue the suspension of a pupil for a period in excess of 10 school days. The school board's designee may be the superintendent or any other individual, but may not be the individual who suspended the pupil for the first 10 days under subparagraph (a). Any suspension shall be valid throughout the school districts of the state, subject to modification by the superintendent of the school district in which the pupil seeks to enroll.
- (c) Any suspension in excess of 10 school days imposed under subparagraph (b) by any person other than the school board is appealable to the school board, provided that the superintendent received such appeal in writing within 10 days after the issuance of the decision being appealed. The school board shall hold a hearing on the appeal, but shall have discretion to hear evidence or to rely upon the record of a hearing conducted under subparagraph (b). The suspension under subparagraph (b) shall be enforced while that appeal is pending, unless the school board stays the suspension while the appeal is pending.
II. Any pupil may be expelled from school by the local school board for gross misconduct, or for neglect or refusal to conform to the reasonable rules of the school, or for an act of theft, destruction, or violence as defined in RSA 193-D:1, or for possession of a pellet or BB gun, rifle, or paint ball gun, and the pupil shall not attend school until restored by the local board. Any expulsion shall be subject to review if requested prior to the start of each school year and further, any parent or guardian has the right to appeal any such expulsion by the local board to the state board of education. Any expulsion shall be valid throughout the school districts of the state.
New Hampshire Special Education Procedural Safeguards Handbook
Handbook ensures procedural due process rights in special education student discipline for specific forms of discipline .