Maybe.
HB231, prohibits “school district personnel from transporting students to medical or mental health appointments, visits, or procedures without parental consent.” Governor Ayotte signed the bill into law, requiring school districts to adopt policies, so yes, it is law, but what exactly are the consequences?
This bill requires school districts to create a policy prohibiting school district personnel from transporting any student who is a minor for any medical, mental health, or health-related procedures, appointments, or visits without knowledge and approval of a parent or guardian unless he or she is following a published school district emergency health or medical protocol or policy.
To summarize, HB231 amends RSA 186:11, violations of which appear to be covered under RSA 21-N:9, II(cc) as part overseen by RSA21-N:11 … which leads to Educator codes of conduct and ED 510…I think. And somewhere in there is a mention of what happens to the school employee who violates the new RSA 186:11 IX-f, but I can’t find what that might be.
The educator code of ethics and conduct presumes a violation is observed, reported as required, to individuals interested in pursuing an investigation, who then perform it.
Is anyone else suspicious about the integrity of this process and the likelihood of it resulting in remedial action unless a parent finds out and reports it?
I suppose the million-dollar question is, will the newly minted law (dba – HB231) prevent those virtue-signaling progressive educators (who don’t trust parents) from taking a kid to some medical appointment (for an abortion, for example) without their knowledge or permission? That is unclear. New Hampshire has educators who will brag about ignoring laws.
It would help (me!) if the enforcement language was clearer.
Maybe they couldn’t pass language to the effect that if an adult who happens to work for a school takes a minor child who is not theirs anywhere for medical attention of any kind beyond the medical emergency exceptions policy, if one exists, without the parents’ permission, they lose their license to teach in the state and are immediately terminated.
Is that too simple?
Am I being too harsh?
New Hampshire is adjacent to both Abortion and Gender “health care” sanctuary states (Maine and Vermont). Absent any legal language prohibiting the behavior and a clear punishment, is the only recourse with any teeth parents willing to file a civil suit on the basis of a violation of conduct and ethics and their parental rights. Can we expect a School Board of the State Department of Ed to do anything given how difficult it is to figure out what the something might be?
I confess to wandering a bit blind. I have not dug deep enough into this (to find the actual consequences) because it strikes me as something that should be close to the surface and simple—not your kid, not your job, hands off, or else…this!
HB231 is an improvement. It ought to disincentivize bad behavior. But somehow the culture got away from us, and this is the response. An addition to a byzantine rube-Goldbergian paper mill of law and procedure with no clear or at least obvious repercussions.
I’ll take the points and hope someone out there can point us to where the punishments for violating this law can be found.
