SB360 (2018) Detail

Establishing a commission to study whether the department of education should be required to conduct criminal history records checks, via a fingerprint check, on all applicants for teacher certification.


CHAPTER 110

SB 360 - FINAL VERSION

 

01/18/2018   0065s

2018 SESSION

18-2929

06/10

 

SENATE BILL 360

 

AN ACT establishing a commission to study whether the department of education should be required to conduct criminal history records checks, via a fingerprint check, on all applicants for teacher certification.

 

SPONSORS: Sen. Reagan, Dist 17; Sen. Watters, Dist 4; Rep. Ladd, Graf. 4; Rep. Cordelli, Carr. 4

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill establishes a commission to study whether the department of education should be required to conduct criminal history records checks, via a fingerprint check, on applicants for teacher certification.

 

This bill is a request of the department of education.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/18/2018   0065s 18-2929

06/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing a commission to study whether the department of education should be required to conduct criminal history records checks, via a fingerprint check, on all applicants for teacher certification.

 

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

 

110:1  New Section; Commission Established.  Amend RSA 21-N by inserting after section 11 the following new section:

21-N:12  Commission Established; Criminal History Records Checks.

I.  There is established a commission to study whether the department of education should be required to conduct criminal history records checks, via a fingerprint check, on all applicants for teacher certification.

II.  The members of the commission shall be as follows:

(a)  One member of the senate, appointed by the president of the senate.

(b)  Two members of the house of representatives, appointed by the speaker of the house of representatives.

(c)  The commissioner of the department of education, or designee.

(d)  The administrator of the criminal history records unit at the department of safety, or designee.

(e)  A member of the professional standards board, appointed by the executive secretary.

(f)  A representative from the New Hampshire School Administrator’s Association, appointed by the association.

(g)  A representative from the School District Governance Association of New Hampshire, appointed by the association.

(h)  A representative from the New Hampshire School Boards Association, appointed by the association.

(i)  A representative of the nonpublic school advisory council of the department of education, appointed by the council.

III.  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV.  The commission shall study the feasibility of requiring the department of education to conduct criminal history background checks, via a finger print check, on all applicants, initial and re-certifying, prior to issuing or reissuing a teacher certification.  The commission shall consider the following issues:  

(a)  The number of applicants that seek initial certification, re-certification, and new endorsement areas each year at the department of education;

(b)  Whether the background checks should be done for contractors and designated volunteers;

(c)  Where the fingerprint process would be conducted and whether said process would be conducted within the department of education or via a private contractor;

(d)  All associated costs of said process to the field and whether the costs would raise the credential fees;

(e)  All associated costs of said process to the department of education including additional staff for receiving and interpreting the criminal history checks;

(f)  Associated costs to the department of safety in running the criminal background checks;

(g)  Where the criminal histories would be stored and the process for destroying such records;

(h)  Establishment of disqualifiers for certification based on criminal history record, a review process for all other criminal convictions, and internal appellate review for applicants who are disqualified; and

(i)  Any other issues relevant to the issue.

V.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the senate member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Five members of the committee shall constitute a quorum.

VI.  The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2018.

110:2  Repeal.  RSA 21-N:12, relative to the commission to study whether the department of education should be required to conduct criminal history checks on all applicants for teacher certification, is repealed.

110:3  Effective Date.

I.  Section 2 of this act shall take effect November 1, 2018.

II.  The remainder of this act shall take effect upon its passage.

Approved: May 25, 2018

Effective Date:

I. Section 2 shall take effect November 1, 2018

II. Remainder shall take effect May 25, 2018

Links

SB360 at GenCourtMobile

Action Dates

Date Body Type
Jan. 9, 2018 Senate Hearing
Jan. 18, 2018 Senate Floor Vote
March 20, 2018 House Hearing
April 3, 2018 House Exec Session
House Floor Vote
April 12, 2018 House Floor Vote

Bill Text Revisions

SB360 Revision: 4021 Date: May 30, 2018, 4:21 p.m.
SB360 Revision: 3459 Date: April 13, 2018, 9:05 a.m.
SB360 Revision: 2969 Date: Jan. 19, 2018, 10:42 a.m.
SB360 Revision: 2676 Date: Dec. 12, 2017, 1:11 p.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Education; SJ 1
Jan. 9, 2018 Hearing: 01/09/2018, Room 103, LOB, 09:00 am; SC 48
Jan. 18, 2018 Committee Report: Ought to Pass with Amendment # 2018-0065s, 01/18/2018; Vote 5-0; CC; SC 3
Jan. 18, 2018 Committee Amendment # 2018-0065s, AA, VV; 01/18/2018; SJ 2
Jan. 18, 2018 Ought to Pass with Amendment 2018-0065s, MA, VV; OT3rdg; 01/18/2018; SJ 2
March 7, 2018 Introduced 03/07/2018 and referred to Education HJ 7 P. 51
March 20, 2018 Public Hearing: 03/20/2018 10:45 AM LOB 207
April 3, 2018 Executive Session: 04/03/2018 LOB 207
Committee Report: Ought to Pass (Vote 19-1; CC)
April 12, 2018 Committee Report: Ought to Pass for 04/12/2018 (Vote 19-1; CC) HC 14 P. 3
April 12, 2018 Ought to Pass: MA VV 04/12/2018 HJ 12 P. 2
April 26, 2018 Enrolled 04/26/2018
April 26, 2018 Enrolled (In recess 04/26/2018); SJ 15
May 25, 2018 Signed by the Governor on 05/25/2018; Chapter 0110
Nov. 1, 2018 I. Section 2 Effective 11/01/2018
May 25, 2018 II. Remainder Effective 05/25/2018