Revision: Feb. 10, 2010, midnight
HB 1286 – AS INTRODUCED
2010 SESSION
04/03
HOUSE BILL 1286
AN ACT allowing nonpublic schools to obtain criminal history records checks on employees and volunteers.
SPONSORS: Rep. Stevens, Carr 4; Rep. Charron, Rock 7
This bill permits nonpublic schools to submit criminal history records checks through the division of state police.
This bill is a request of the department of safety.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2016
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT allowing nonpublic schools to obtain criminal history records checks on employees and volunteers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Employee and Volunteer Background Investigations. Amend RSA 189:13-a to read as follows:
189:13-a School Employee and Volunteer [Background Investigations] Criminal History Records Check.
I. The employing school administrative unit, school district, or chartered public school shall complete a [background investigation and a] criminal history records check on every selected applicant for employment in any position in the school administrative unit, school district, or chartered public school prior to a final offer of employment. A nonpublic school approved by the New Hampshire state board of education may submit criminal history records checks on applicants for employment pursuant to this section. A school administrative unit, school district, [or] chartered public school, or participating nonpublic school may extend a conditional offer of employment to a selected applicant [after completing a background investigation], with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a [conditional] final offer of employment unless the school administrative unit, school district, [or] chartered public school, or participating nonpublic school has [initiated] completed a criminal history records check. The school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant, or the acceptance of volunteer services from a designated volunteer, with a criminal history was in any way negligent or deficient, if the school administrative unit, school district, [or] chartered public school, or participating nonpublic school fulfilled the requirements of this section.
II. The selected applicant for employment or designated volunteer with a school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall submit to the employer a notarized criminal history records release form, as provided by the division of state police, which authorizes the release of information regarding the presence or absence of any record of convictions of the applicant of felonies or of the crimes listed in paragraph V. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the school administrative unit, school district, [or] chartered public school, or participating nonpublic school. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the school administrative unit, school district, [or] chartered public school, or participating nonpublic school may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where an applicant has lived during the past 5 years.
III. The school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall submit the criminal history records release form to the New Hampshire state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. [Upon completion of the background investigation,] The state police shall examine the list of crimes constituting grounds for non-approval of employment, or non-acceptance of volunteer services in that school administrative unit, school district, [or] chartered public school, or participating nonpublic school, and shall report the presence or absence of any such crime to the school administrative unit, school district, [or] chartered public school, or participating nonpublic school. Under no circumstances shall the criminal records be released to the school administrative unit, school district, [or] chartered public school, or participating nonpublic school. The school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. If the criminal history records information indicates no criminal record, the school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall destroy the information received immediately following its review of the information. If the criminal history records information indicates that the applicant has been convicted of a felony or of a crime listed in paragraph V, the school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall review the information for a hiring decision, and the division of state police shall notify the department of education of any such convictions. The school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information.
IV. The school administrative unit, school district, [or charter] chartered public school, or participating nonpublic school may require the selected applicant for employment or designated volunteer to pay the actual costs of the [background investigation and a] criminal history records check.
V. Any person who has been convicted of any violation or attempted violation of RSA 630:1; 630:1-a; 630:1-b; 630:2; 632-A:2; 632-A:3; 632-A:4; 633:1; 639:2; 639:3; 645:1, II or III; 645:2; 649-A:3; 649-A:3-a; 649-A:3-b; 649-B:3; or 649-B:4; or any violation or any attempted violation of RSA 650:2 where the act involves a child in material deemed obscene; in this state, or under any statute prohibiting the same conduct in another state, territory, or possession of the United States, shall not be hired by a school administrative unit, school district, [or] chartered public school, or participating nonpublic school. By decision of the appropriate governing body, a school administrative unit, school district, [or] chartered public school, or participating nonpublic school may deny a selected applicant a final offer of employment if such person has been convicted of any felony in addition to those listed above. The governing body may adopt a policy stating that any person who has been convicted of any felony, or any of a list of felonies, shall not be hired.
VI. This section applies to any employee, selected applicant for employment, designated volunteer, or volunteer organization which contracts with a school administrative unit, school district, [or] chartered public school, or participating nonpublic school to provide services, including but not limited to cafeteria workers, school bus drivers, custodial personnel, or any other service where the contractor or employees of the contractor provide services directly to students of the district [or], chartered public school, or participating nonpublic school. The cost for [background investigations, including] criminal history records checks[,] for employees or selected applicants for employment with such contractors shall be borne by the contractor.
VII. The school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall not be required to complete a [background investigation or a] criminal history records check on volunteers, provided that the governing body of a school administrative unit, school district, [or] chartered public school, or participating nonpublic school shall adopt a policy designating certain categories of volunteers as “designated volunteers” who may be required to undergo a [background investigation and a] criminal history records check.
VIII. A school administrative unit, school district, chartered public school, participating nonpublic school, or school official acting pursuant to a policy establishing procedures for certain volunteers shall be immune from civil or criminal liability, provided the school administrative unit, school district, chartered public school, participating nonpublic school, or school official has in good faith acted in accordance with said policy. Nothing in this paragraph shall be deemed to grant immunity to any person for that person’s reckless or wanton conduct.
IX.(a) Substitute teachers, student teachers, student interns, and other educational staff shall apply for a criminal history records check at the employing school administrative unit, school district, chartered public school, or participating nonpublic school. The division of state police shall complete the criminal history records check and, upon completion, shall issue a letter to the applicant. The letter shall be valid for 15 days from the date of issue and shall constitute satisfactory proof of compliance with this section.
(b) Student teachers and student interns shall submit a criminal history records check upon enrollment in a teacher preparation program, but shall not be required to submit additional criminal history records checks if the student teacher or student intern maintains continuous enrollment in the teacher preparation program.
(c) In addition to the criminal history records check fee, substitute teachers, student teachers, student interns, and other educational staff shall pay an additional fee of $25 to the division of state police to offset the additional administrative costs under this paragraph.
X. Violations of this section shall be jointly investigated by the state police and the department of education. Information obtained through such investigations shall remain confidential and shall not be subject to RSA 91-A.
2 One-Year Certificate of Eligibility. Amend RSA 189:39-b, I(b) to read as follows:
(b) Is subject to a [background investigation] criminal history records check pursuant to RSA 189:13-a.
3 Effective Date. This act shall take effect 60 days after its passage.