HB401 (2021) Detail

Relative to the duty of school superintendents regarding criminal history records checks.


CHAPTER 71

HB 401 - FINAL VERSION

 

7Apr2021... 0148h

2021 SESSION

21-0534

06/04

 

HOUSE BILL 401

 

AN ACT relative to the duty of school superintendents regarding criminal history records checks.

 

SPONSORS: Rep. Mullen, Hills. 7; Rep. Allard, Merr. 21; Rep. Cornell, Hills. 18; Rep. M. Murray, Hills. 22; Rep. Myler, Merr. 10; Rep. Tanner, Sull. 9; Rep. Woodcock, Carr. 2

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill:

 

I.  Permits the designee of the superintendent of a school administrative unit to receive and review a report of an applicant's criminal history and record information.

 

II.  Requires the department of education to provide training in reading and interpreting criminal history records.

 

III.  Requires the superintendent or designee of a school administrative unit or the chief executive officer of the chartered public school or public academy to complete training in reading and interpreting criminal history records.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Apr2021... 0148h 21-0534

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the duty of school superintendents regarding criminal history records checks.

 

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

 

71:1  School Employee and Designated School Volunteer Criminal History Records Check.  Amend RSA 189:13-a, II and III to read as follows:

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 criminal history records release form, as provided by the division of state police, which authorizes the 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, for the purposes of paragraph V, a report of the applicant's criminal history and record information, including confidential criminal history record information, to the superintendent or designee of the school administrative unit or the chief executive officer of the chartered public school or public academy. For the purposes of this section, a designee may be the assistant superintendent, the head of human resources, the personnel director, the business administrator, or the finance director.  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 department of education shall conduct training concerning the reading and interpretation of criminal history records.  The superintendent or designee of the school administrative unit or the chief executive officer of the chartered public school or public academy shall complete such training and 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 or designee 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 or designee 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 or designee 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.

71:2  Effective Date.  This act shall take effect July 1, 2021.

 

Approved: June 10, 2021

Effective Date: July 01, 2021

Links

HB401 at GenCourtMobile
HB401 Discussion

Action Dates

Date Body Type
Feb. 23, 2021 House Hearing
House Floor Vote
April 13, 2021 Senate Hearing
May 6, 2021 Senate Floor Vote

Bill Text Revisions

HB401 Revision: 32720 Date: June 10, 2021, 3:20 p.m.
HB401 Revision: 32436 Date: May 6, 2021, 11:57 a.m.
HB401 Revision: 32274 Date: April 7, 2021, 9:45 a.m.
HB401 Revision: 31726 Date: Jan. 10, 2021, 10:03 a.m.

Docket


June 10, 2021: Signed by Governor Sununu 06/10/2021; Chapter 71; Eff: 07/01/2021


June 3, 2021: Enrolled (in recess of) 06/03/2021


May 27, 2021: Enrolled Adopted, VV, (In recess 05/27/2021); SJ 18


May 6, 2021: Ought to Pass: RC 23Y-0N, MA; OT3rdg; 05/06/2021; SJ 14


May 6, 2021: Committee Report: Ought to Pass, 05/06/2021; Vote 5-0; CC; SC 22


April 13, 2021: Remote Hearing: 04/13/2021, 09:00 am; Links to join the hearing can be found in the Senate Calendar; SC 19


April 1, 2021: Introduced 04/01/2021 and Referred to Education; SJ 11


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Ought to Pass with Amendment 2021-0148h: MA VV 04/07/2021 HJ 5 P. 9


April 7, 2021: Amendment # 2021-0148h: AA VV 04/07/2021 HJ 5 P. 9


: Committee Report: Ought to Pass with Amendment # 2021-0148h (Vote 19-0; CC) HC 18 P. 7


Feb. 23, 2021: Public Hearing: 02/23/2021 12:45 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94382337363 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Education HJ 2 P. 46