04/10/03 1078s

2003 SESSION

03-1136

04/01

SENATE BILL 168

COMMITTEE: Judiciary

ANALYSIS

This bill allows school boards to adjourn to nonpublic session to consider pupil disciplinary matters.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/10/03 1078s

03-1136

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

1 New Subparagraph; Access to Public Records and Meetings; Nonpublic Sessions. Amend RSA 91-A:3, II by inserting after subparagraph (i) the following new subparagraph:

(j) Consideration by a school board of any matters that would reveal the content of education records maintained by the school district or disclose personally identifiable information about a student, contrary to 20 United States Code section 1232g.

2 Access to Public Records and Meetings; Nonpublic Sessions. Amend RSA 91-A:3, III to read as follows:

III. Minutes of proceedings in nonpublic session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the body or agency itself, or render the proposed action ineffective, or pertain to terrorism, more specifically, to matters relating to the preparation for and the carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. This shall include training to carry out such functions. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply. Minutes of proceedings that would reveal the content of education records maintained by the school district or disclose personally identifiable information about a student shall not be publicly disclosed at any time, except as permitted by 20 United States Code section 1232g.

3 Effective Date. This act shall take effect January 1, 2004.