Chapter 507-G: Frivolous Actions Against Teachers and Other Education Employees

This chapter may be cited as the Penalties for Frivolous Actions Against Teachers and Other Education Employees Act.

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.

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.

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.