4/19/01 0881s

2jan02...1957h

4/25/02 3692eba

2002 SESSION

01-1058

08/09

SENATE BILL 155-LOCAL

AN ACT establishing penalties for frivolous actions against teachers and other education employees.

COMMITTEE: Education

AMENDED ANALYSIS

This bill allows the court to award attorneys' fees and costs to the prevailing parties when it finds that a frivolous action has been brought against a teacher or employee of a school district or one of its contract service providers. The bill requires the court to order a payment of $1,000 to each of the prevailing parties in a frivolous action.

The bill also protects public and private school employees and contractors from liability for reporting acts of theft, destruction, or violence under RSA 193-D or bullying under RSA 193-F.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4/19/01 0881s

2jan02...1957h

4/25/02 3692eba

01-1058

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT establishing penalties for frivolous actions against teachers and other education employees.

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

149:1 New Chapter; Teacher Protection From Frivolous Tort Actions. Amend RSA by inserting after chapter 507-F the following new chapter:

CHAPTER 507-G

FRIVOLOUS ACTIONS AGAINST TEACHERS AND OTHER EDUCATION EMPLOYEES

507-G:1 Title. This chapter may be cited as the Penalties for Frivolous Actions Against Teachers and Other Education Employees Act.

507-G:2 Purpose. The general court finds that good order and discipline are necessary to provide New Hampshire students with a proper learning environment and that "employees," as defined in RSA 507-G:3, should not be inhibited in their attempts to enforce good order and discipline by the threat of civil actions against them.

507-G:3 Definitions. In this chapter, "employee" means any individual elected or

appointed to an educational entity, any individual who is an employee of such an entity, and any employee of a company under contract to a school or school district who is directly engaged in student-related services.

507-G:4 Penalties for Frivolous Actions Against Employees.

I. If, during any phase of a tort action brought against an employee which results from an action taken while the employee is directly engaged in student-related services, it appears to the court by a preponderance of evidence that the action is frivolous, or intended to harass or intimidate the named employee or any other employee involved in the student-related services at issue, or both; then the court, upon motion of a party or upon its own motion, may order summary judgment or other relief against the party who brought such action, and it shall award costs and reasonable attorneys' fees to the prevailing party or parties. Costs shall include, but not be limited to, all reasonable pre-trial investigation and tribunal time and expenses. The court shall report such conduct to the professional conduct committee.

II. In addition to the above, the court shall order the party bringing the action against an employee to pay the sum of $1,000 to each of the prevailing parties.

149:2 New Section; Liability for Reporting. Amend RSA 193-F by inserting after section 4 the following new section:

193-F:5 Any public or private school employee or employee of a company under contract to a school or school district who in good faith has made a report under RSA 193-D or RSA 193-F shall not be subject to liability for making the report.

149:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 15, 2002)

(Effective Date: July 14, 2002)