HB556 (2017) Detail

(New Title) requiring schools to post the state telephone numbers to report child abuse and relative to criminal history records checks of school employees and volunteers.


CHAPTER 245

HB 556 - FINAL VERSION

 

8Mar2017... 0383h

04/06/2017   1178s

22Jun2017... 2317CofC

22Jun2017... 2390EBA

2017 SESSION

17-0177

04/05

 

HOUSE BILL 556

 

AN ACT requiring schools to post the state telephone numbers to report child abuse and relative to criminal history records checks of school employees and volunteers.

 

SPONSORS: Rep. Cordelli, Carr. 4; Sen. Reagan, Dist 17; Sen. Carson, Dist 14

 

COMMITTEE: Education

 

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AMENDED ANALYSIS

 

This bill requires each school and chartered public school to post a sign containing information on how to report child abuse or neglect to the division for children, youth, and families.  The bill also amends the requirements for criminal history records checks of school employees, volunteers, and other educational staff.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0383h

04/06/2017   1178s

22Jun2017... 2317-CofC

22Jun2017... 2390EBA 17-0177

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT requiring schools to post the state telephone numbers to report child abuse and relative to criminal history records checks of school employees and volunteers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

245:1  New Subdivision; Child Abuse or Neglect Information.  Amend RSA 189 by inserting after section 71 the following new subdivision:

Child Abuse or Neglect Information

189:72  Child Abuse or Neglect Information.  The school board of each public school and chartered public school shall post in a clearly visible location in a public area of the school that is readily accessible to students a sign that is provided in an electronic or printed form by the division for children, youth, and families, and that contains the telephone number operated by the New Hampshire division for children, youth, and families of the department of health and human services, to receive reports of child abuse or neglect and instructions on how to access the division for children, youth, and families website.

245:2  School Employee and Designated School Volunteer Criminal History Records Check.  Amend RSA 189:13-a to read as follows:

189:13-a  School Employee and Designated School Volunteer Criminal History Records Check.  

I.(a)  The employing school administrative unit, school district, or chartered public school shall complete 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 public academy approved by the New Hampshire state board of education shall submit a criminal history records check on applicants for employment pursuant to this section to the division of state police.  The superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy may extend a conditional offer of employment to a selected applicant, with a final offer of employment subject to a successfully completed criminal history records check.  No selected applicant may be extended a final offer of employment unless the school administrative unit, school district, chartered public school, or public academy has completed a criminal history records check.  The school administrative unit, school district, chartered public school, or public academy 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, chartered public school, or public academy fulfilled the requirements of this section.

(b)  A nonpublic school may elect to require a criminal history records check on selected applicants for employment or selected volunteers.  A nonpublic school that elects to conduct a criminal history records check shall comply with the procedures and requirements set forth in this section.

II.  The selected applicant for employment or designated volunteer with a school administrative unit, school district, chartered public school, or public academy 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 misdemeanors, or of] division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of any misdemeanors and/or felony convictions and any charges pending disposition for [or convictions of the applicant of the] any crimes listed in paragraph V to the superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy.  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, chartered public school, or public academy.  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, chartered public school, or public academy 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, chartered public school, or public academy 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.  The state police shall examine the list of crimes constituting grounds for nonapproval of employment, or nonacceptance of volunteer services in that school administrative unit, school district, chartered public school, or public academy, and shall report the presence or absence of any such crime to the superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy.]  The superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy 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 superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy shall destroy the information received immediately following review of the information.  If the criminal history records information indicates that the applicant has been convicted of any crime or has been charged pending disposition for or convicted of a crime listed in paragraph V, the superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy shall review the information for a hiring decision, and the division of state police shall notify the department of education of any such charges pending disposition or convictions.  The superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy shall destroy any criminal history record information that indicates a criminal record within [30] 60 days of receiving such information.

IV.  The school administrative unit, school district, chartered public school, or public academy may require the selected applicant for employment or designated volunteer to pay the actual costs of the criminal history records check.

V.  Any person who has been charged pending disposition for or 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, chartered public school, or public academy.  The superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy may deny a selected applicant a final offer of employment if such person has been convicted of any crime, misdemeanor or felony, in addition to those listed above.  The governing body of a school district, chartered public school, or public academy [may] shall adopt a policy relative to hiring practices based on the results of the criminal history records check and report of misdemeanors and felonies received under paragraph II.  Such policy may include language stating that any person who has been convicted of any misdemeanor, or any of a list of misdemeanors, may not be hired.  Such policy may also include language 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 shall apply to any employee, selected applicant for employment, designated volunteer, or volunteer organization which contracts with a school administrative unit, school district, chartered public school, or public academy 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, chartered public school, or public academy.  The employing school administrative unit, school district, or chartered public school shall be responsible for completing the criminal history records check on the people identified in this paragraph.  The cost for 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, chartered public school, or public academy shall not be required to complete a criminal history records check on volunteers, provided that the governing body of a school administrative unit, school district, chartered public school, or public academy shall adopt a policy designating certain categories of volunteers as "designated volunteers'' who [may] shall be required to undergo a criminal history records check.

VIII.  A school administrative unit, school district, chartered public school, public academy, 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, public academy, 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, not otherwise addressed in this section, shall apply for a criminal history records check at the employing school administrative unit, school district, chartered public school, or public academy.  The division of state police shall complete the criminal history records check, as established in paragraph II, and, upon completion, shall issue a [letter] report to the applicant.  The [letter] report shall be valid for 30 days from the date of [issue] issuance 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.]  Upon enrollment in an educator preparation program at an institution of higher education, a candidate shall submit to a criminal history records check.  The institution of higher education in which the candidate is enrolled shall conduct the criminal history records check.  Upon placement of a candidate as a student teacher, the receiving school administrative unit, school district, or chartered public school shall conduct another criminal history records check of the candidate and shall follow the same procedures for assessing the candidate's criminal history background as for applicants for employment.  The governing body of the institution of higher education may adopt a policy relative to how often a candidate shall submit to a criminal history records check.  In this subparagraph, "candidate" shall mean a student who is enrolled in an educator preparation program at an institution of higher education in New Hampshire.

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.

XI.  In this section, "public academy'' shall have the same meaning as in RSA 194:23, II.

245:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 18, 2017

Effective Date: September 16, 2017

Links

HB556 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2017 House Hearing
Feb. 8, 2017 House Exec Session
Feb. 14, 2017 House Exec Session
March 8, 2017 House Floor Vote
March 28, 2017 Senate Hearing
April 6, 2017 Senate Floor Vote
June 14, 2017 Senate Floor Vote
June 22, 2017 Senate Floor Vote
June 22, 2017 House Floor Vote

Bill Text Revisions

HB556 Revision: 64 Date: July 20, 2017, 10:31 a.m.
HB556 Revision: 65 Date: June 29, 2017, 11:59 a.m.
HB556 Revision: 66 Date: April 6, 2017, 1:21 p.m.
HB556 Revision: 67 Date: March 10, 2017, 2:33 p.m.
HB556 Revision: 68 Date: Jan. 25, 2017, 3:45 p.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Education HJ 3 P. 18
Jan. 25, 2017 Public Hearing: 01/25/2017 11:30 AM LOB 207
Feb. 8, 2017 ==RECESSED== Executive Session: 02/08/2017 09:30 AM LOB 207
Feb. 14, 2017 ==CONTINUED== Executive Session: 02/14/2017 LOB 207
March 8, 2017 Committee Report: Ought to Pass with Amendment # 2017-0383h for 03/08/2017 (Vote 18-0; CC) HC 14 P. 11
March 8, 2017 Amendment # 2017-0383h: AA VV 03/08/2017 HJ 9 P. 21
March 8, 2017 Ought to Pass with Amendment 0383h: MA VV 03/08/2017 HJ 9 P. 21
March 9, 2017 Introduced 03/09/2017 and Referred to Education; SJ 9
March 28, 2017 Hearing: 03/28/2017, Room 103, LOB, 09:10 am; SC 16
April 6, 2017 Committee Report: Ought to Pass with Amendment # 2017-1178s, 04/06/2017; SC 17
April 6, 2017 Chair Ruled Sections of Amendment # 2017-1178s Non-Germane, 04/06/2017; SJ 13
April 6, 2017 Without Objection, Rule 3-17 is Suspended to Allow Non-Germane Amendment # 2017-1178s; 2/3 Necessary, MA; 04/06/2017; SJ 13
April 6, 2017 Committee Amendment # 2017-1178s, AA, VV; 04/06/2017; SJ 13
April 6, 2017 Ought to Pass with Amendment 2017-1178s, MA, VV; OT3rdg; 04/06/2017; SJ 13
June 1, 2017 House Non-Concurs with Senate Amendment 1178s and Requests CofC (Rep. Ladd): MA VV 06/01/2017 HJ 17 P. 3
June 1, 2017 Speaker Appoints: Reps. Ladd, T. Wolf, M. Moffett, Heath 06/01/2017 HJ 17 P. 3
June 8, 2017 Sen. Reagan Accedes to House Request for Committee of Conference, MA, VV; 06/08/2017; SJ 19
June 8, 2017 President Appoints: Senators Reagan, Ward, Kahn; 06/08/2017; SJ 19
June 13, 2017 Conference Committee Meeting: 06/13/2017 01:30 PM LOB 207
June 14, 2017 Conference Committee Report Filed, # 2017-2317c; 06/14/2017
June 22, 2017 Conference Committee Report # 2017-2317c, Adopted, VV; 06/22/2017; SJ 20
June 22, 2017 Conference Committee Report 2317c: Adopted, VV 06/22/2017 HJ 19 P. 22
June 22, 2017 Enrolled Bill Amendment # 2017-2390e Adopted, VV, (In recess of 06/22/2017); SJ 20
June 22, 2017 Enrolled Bill Amendment # 2017-2390e: AA VV 06/22/2017 HJ 19 P. 26
June 22, 2017 Enrolled (In recess 06/22/2017); SJ 20
June 22, 2017 Enrolled 06/22/2017 HJ 19 P. 27
July 18, 2017 Signed by Governor Sununu 07/18/2017; Chapter 245; Eff. 9/16/2017