Chapter 193-G: Persistently Dangerous Schools

I. A persistently dangerous school is a school in which 3 of the following acts have occurred as separate incidents during the period of one school year for 3 consecutive years:

(a) Homicide under RSA 630.

(b) First or second degree assault under RSA 631:1 and RSA 631:2.

(c) Aggravated felonious sexual assault under RSA 632-A:2.

(d) Arson under RSA 634:1.

(e) Robbery as a class A felony under RSA 636:1, III; or

(f) Unlawful possession or sale of a firearm or other dangerous weapon under RSA 159.

II. Any act set forth in paragraph I must occur within the school or on school grounds, during regular school hours or during a school-sponsored event, or during transportation of pupils to or from school, if such transportation is provided by the school district.

III. No later than July 1 of each year, the commissioner of the department of education shall report any persistently dangerous schools to the state board of education and to the school board of such schools.

If a school is classified as a persistently dangerous school, the local school board shall establish a citizen's advisory committee to examine the conditions which led to the designation and offer input to the school board and administrators on steps which might be taken to remedy the designation and prevent further incidents. The committee shall be appointed by the local school board chairman with the advice of the local school board members. It shall include but not be limited to the principal of the designated school, the superintendent of the designated school, one member of the school board, one teacher employed at the designated school, one law enforcement official from the police department having jurisdiction in the district in which the designated school is located, and representatives of parents whose children are assigned to the designated school. The committee shall serve until the designation of a persistently dangerous school is removed.

Any school which is designated a persistently dangerous school, which for 2 consecutive years has operated as a safe school, shall be decertified as a persistently dangerous school. For the purposes of this section, a safe school is a school which has not had the number or frequency of qualifying events set forth in this section.

I. Any school which is designated a persistently dangerous school shall, within 5 days of being notified of such designation, notify the parents or guardian of the pupil attending such school of the option to transfer the pupil from the school to a school within the same school district, consistent with local school board policy.

II. If a pupil is the victim of any offense set forth in RSA 193-G:1, I, the school district shall, within 5 days of being notified of the incident, notify the parents or guardian of the pupil of the option to transfer the pupil to another school within the same school district, consistent with local school board policy.

The commissioner of the department of education shall be the certifying authority under this chapter.

Schools shall be authorized to implement policies promoting school safety.