Bill Details - HB723 (2019)

HB 723-FN - AS INTRODUCED

 

 

2019 SESSION

19-0551

06/03

 

HOUSE BILL 723-FN

 

AN ACT relative to requiring a criminal history records check for applicants for teaching certification.

 

SPONSORS: Rep. Cordelli, Carr. 4; Rep. Pitre, Straf. 2; Rep. Boehm, Hills. 20; Sen. Reagan, Dist 17; Sen. Ward, Dist 8; Sen. Watters, Dist 4

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill requires the department of education to perform criminal history records checks on certain applicants for certification.  This bill also adds to the list of criminal convictions that prohibit an applicant from being hired.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0551

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to requiring a criminal history records check for applicants for teaching certification.

 

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

 

1  Education; Criminal History Records Check; School Employees and Designated Volunteers.  Amend RSA 189:13-a, III to read as follows:

III.  The superintendent, or designee, of the school administrative unit or the chief executive officer, or designee, 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 60 days of receiving such information.

2  Education; Criminal History Records Check; School Employees and Designated Volunteers.  Amend RSA 189:13-a, V to read as follows:

V.  Any person who has been charged pending disposition for or convicted of any violation or attempted violation of RSA 318-B:2; 630:1; 630:1-a; 630:1-b; 630:2; 631:1; 631:2; 631:2-b; 632-A:2; 632-A:3; 632-A:4; 633:1; 634:1; 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 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.

3  New Section; Criminal History Records Check.  Amend RSA 21-N by inserting after section 12 the following new section:

21-N:13  Criminal History Records Check.

I.  The department of education shall conduct a criminal history records check on every selected applicant for certification for educational personnel, including those listed in RSA 21-N:9, II(s).

II.(a)  The department shall amend the written application and any electronic application for certification to include a question as to whether the applicant has ever been charged with or convicted of any violation or attempted violation of a crime specified in RSA 189:13-a, V.

(b)  The department shall provide all applicants with the list of crimes specified in RSA 189:13-a, V.

(c)  The applicant for certification shall submit to the employer a notarized criminal history records release form, as provided by the division of state police, authorizing the release of information regarding the presence or absence of any record of criminal convictions, or of charges pending disposition for or convictions of the crimes listed in RSA 189:13-a, V.

III.  The department shall provide a copy of all signed applications for certification to the New Hampshire state police for the purpose of conducting a criminal history records check through the Federal Bureau of Investigation along with a criminal history records release form.

IV.(a)  The New Hampshire state police shall perform a criminal history records check for every application for certification submitted by the department and report on the application if any crime specified in RSA 189:13-a, V was found without specifying such crime.

(b)  The completed application for certification shall be returned to the department.

(c)  The applicant shall pay to the New Hampshire state police the cost of performing the criminal history records check.

V.  Any willful misrepresentation or omission of facts on the application shall constitute just cause for denial of certification by the department.

VI.  Any indication on the application returned to the department by New Hampshire state police indicating that a crime specified in RSA 189:13-a, V was found in the records check shall constitute just cause for denial of certification by the department.

VII.  The board of education shall adopt rules pursuant to RSA 541-A relative to criminal history records checks by the department.

4  Effective Date.  This act shall take effect on September 1, 2019.

 

LBAO

19-0551

Revised 1/29/19

 

HB 723-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to requiring a criminal history records check for applicants for teaching certification.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Criminal Records Fund and Restricted Education Credentialing Agency Income

 

 

 

 

 

METHODOLOGY:

This bill requires a criminal history records check for applicants for teaching certification.  This will result in an increase in requests for criminal history records at the Department of Safety, which will result in both an increase in expenditures and fee revenue.  The Department is unable to estimate how many new requests it will receive under this bill, and therefore cannot estimate the impact on revenue or expenditures.  

 

The Department of Education states it currently processes approximately 1,000 out of state educator license applications (new and renewal) per year.  Based on the requirements set forth in this bill, it assumes approximately 640 of these applicants, mostly from states outside of New England/New York, would no longer license in New Hampshire.  Therefore, based on the current $130 fee, this bill would result in an estimated $83,200 (640 applicants X $130 fee) in lost restricted revenue to the Department's Bureau of Credentialing each fiscal year.  The Department assumes it would incur no additional expenditures under this bill.

 

AGENCIES CONTACTED:

Department of Safety and Department of Education

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Education HJ 3 P. 28
Feb. 6, 2019 Public Hearing: 02/06/2019 02:00 pm LOB 207
Feb. 12, 2019 Executive Session: 02/12/2019 10:30 am LOB 207
Retained in Committee

Action Dates

Date Body Type
Feb. 6, 2019 House Hearing
Feb. 12, 2019 House Exec Session

Bill Text Revisions

HB723 Revision: 5060 Date: Jan. 29, 2019, 2:36 p.m.