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House committee weighs tighter bullying rules, critics warn of legal and practical gaps

November 05, 2025 | Education, House of Representatives, Committees , Legislative, New Hampshire


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House committee weighs tighter bullying rules, critics warn of legal and practical gaps
Representative Glenn Cordelli presented a non-germane amendment to House Bill 131 that he said updates the state’s anti-bullying law to add protections against retaliation, clarify reporting routes and require greater cross-district collaboration on investigations.

The amendment would require school staff (including bus drivers) to report incidents to principals or designated personnel, prompt notification to parents, and measures “to ensure the safety” of students who were bullied. It adds language about retaliation, requires investigation and collaboration when incidents span districts, and creates a parent conference provision intended to include the alleged perpetrator and the parties’ families.

Why it matters: Supporters said the changes close gaps left by earlier legislation and address parents’ repeated complaints that school processes are inconsistent. “We want to make sure that there is collaboration going on,” Cordelli told the committee, describing the proposal as refining last year’s SB 210 and responding to testimony about retaliation against reporters.

Opponents urged caution. Legal advocates and disability-rights attorneys said key terms are undefined, the bill could conflict with federal privacy law (FERPA), and it would mandate discipline in ways that do not account for age or disability. Michelle Wangaran, youth-law project director at New Hampshire Legal Assistance, said the measure “does much more than” the brief amended analysis shows and warned that the mandatory-discipline language would strip local boards and special-education processes of needed flexibility.

Several witnesses argued the bill’s approach favors exclusionary discipline (suspension or expulsion) over evidence-based alternatives. Emma Savini of New Futures urged the committee to consider investing in Multi-Tier Systems of Support for Behavioral Health (MTSSB), which statewide reporting indicates correlated with reduced reported bullying prior to COVID-related disruption. School boards and administrators said the draft could chill reporting by teachers and staff and create new litigation risks if the negligence standard is lowered.

Specific legal and operational questions raised in the hearing:
- FERPA and notification: The amendment requires notifying parents about measures taken to protect a bullied student; witnesses said the language could be read to require disclosure of disciplinary actions against another child, which FERPA may bar.
- Negligence standard: The amendment’s change from "gross negligence" to ordinary negligence drew concern that it would lower the legal threshold for suits and greatly increase litigation risk for school staff and districts.
- Mandatory discipline: Advocates for students with disabilities and school-law attorneys objected to a provision that would require discipline for any admitted or substantiated act of bullying, arguing the law fails to distinguish age, disability, or evidence-based remedies and conflicts with existing graduated-discipline statutes.
- Scope and private schools: Committee members asked whether incidents at events involving private/parochial schools would fall within the bill’s reach; the sponsor said the statute governs public and charter schools and that private schools are governed by their own policies.

What the committee heard from advocates: Disability-rights and legal advocates recommended rejecting the amendment or moving the matter to a study process, citing the volume of unresolved legal, privacy and implementation issues. Parents and parental-advocacy witnesses described personal harms from repeated harassment and urged more effective, enforceable remedies; some parents and advocates argued current reporting falls short in practice even when the law is unchanged.

Outcome at committee: The item was discussed in executive session later in the day after reasoned debate and amendments. (Committee action on the measure and the record of votes are part of the committee’s minutes.)

What’s next: The committee is considering amendments to clarify questions raised at the hearing — including FERPA compliance, the negligence standard, age- and disability-appropriate responses, and the wording of parental-conference and notification requirements — or to move the topic into a study process for broader stakeholder input.

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