CHAPTER 142
HB 432 - FINAL VERSION
24Feb2021... 0015h
04/08/2021 1113s
2021 SESSION
21-0555
06/04
HOUSE BILL 432
AN ACT relative to the offenses that prevent employment in a school.
SPONSORS: Rep. Mullen, Hills. 7; Rep. Allard, Merr. 21; Rep. Cornell, Hills. 18; Rep. Tanner, Sull. 9; Rep. Woodcock, Carr. 2
COMMITTEE: Education
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ANALYSIS
This bill adds human trafficking to the offenses that prevent a person from being hired by a school administrative unit, school district, chartered public school, or public academy.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Feb2021... 0015h
04/08/2021 1113s 21-0555
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the offenses that prevent employment in a school.
Be it Enacted by the Senate and House of Representatives in General Court convened:
142:1 School Employee and Designated School Volunteer Criminal History Records Check. 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 630:1; 630:1-a; 630:1-b; 630:2; 632-A:2; 632-A:3; 632-A:4; 633:1; 633:7, 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.
142:2 New Subparagraph; Chartered Public Schools; Application; Code of Conduct for New Hampshire Educators. Amend RSA 194-B:3, II by inserting after subparagraph (dd) the following new subparagraph:
(ee) A proposed policy to adopt and implement the code of conduct for New Hampshire educators as adopted by the department in administrative rule. Failure to adopt and implement the code of conduct could result in the probation or revocation of the school’s charter as governed by RSA 194-B:16.
142:3 Chartered Public School Approval by State Board of Education. Amend RSA 194-B:3-a, II to read as follows:
II. The proposed chartered public school application shall be presented for approval directly to the state board of education by the applicant for the prospective chartered public school. The content of such application shall conform to the requirements set forth in RSA 194-B:3, II(a)-(bb) and (dd)-(ee). The department of education shall notify an applicant of any missing information within 10 days of the initial filing. The applicant shall file any missing information before the department reviews the application.
142:4 Chartered Public School Approval by State Board of Education. Amend RSA 194-B:3-a, IV to read as follows:
IV. The state board of education shall either approve or deny an application using reasonable discretion in the assessment of the elements set forth in RSA 194-B:3, II, (a)-(bb) and (dd)-(ee). Lack of state funding alone shall not constitute grounds for the denial of an application. Approval of an application constitutes the granting of charter status and the right to operate as a chartered public school. The state board of education shall notify all applicants of its decision in writing, and shall include in any notice of denial a written statement specifying any areas deemed deficient, the reasons for the denial, and explaining that the applicant may reapply under RSA 194-B:3 or under this section in a subsequent year.
142:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 23, 2021
Effective Date: September 21, 2021
| Date | Body | Type |
|---|---|---|
| Jan. 26, 2021 | House | Hearing |
| House | Floor Vote | |
| March 23, 2021 | Senate | Hearing |
| April 8, 2021 | Senate | Floor Vote |
| Jan. 26, 2021 | House | Hearing |
| March 23, 2021 | Senate | Hearing |
| April 8, 2021 | Senate | Floor Vote |
July 23, 2021: Signed by Governor Sununu 07/23/2021; Chapter 142; Eff: 09/21/2021
July 26, 2021: Signed by Governor Sununu 07/23/2021; Chapter 142; Eff: 09/21/2021
July 12, 2021: Enrolled (in recess of) 06/24/2021
June 24, 2021: Enrolled (in recess of) 06/24/2021
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
July 12, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 10, 2021: House Concurs with Senate Amendment 2021-1113s (Rep. Ladd): MA VV 06/10/2021 HJ 10 P. 9
June 10, 2021: House Concurs with Senate Amendment 2021-1113s (Rep. Ladd): MA VV 06/10/2021 HJ 10 P. 9
April 8, 2021: Ought to Pass with Amendment 2021-1113s, RC 24Y-0N, MA; OT3rdg; 04/08/2021; SJ 11
April 8, 2021: Ought to Pass with Amendment 2021-1113s, RC 24Y-0N, MA; OT3rdg; 04/08/2021; SJ 11
April 8, 2021: Sen. Watters Floor Amendment # 2021-1116s, RC 10Y-14N, AF; 04/08/2021; SJ 11
April 8, 2021: Sen. Watters Floor Amendment # 2021-1116s, RC 10Y-14N, AF; 04/08/2021; SJ 11
April 8, 2021: Committee Amendment # 2021-1113s, RC 24Y-0N, AA; 04/08/2021; SJ 11
April 8, 2021: Committee Amendment # 2021-1113s, RC 24Y-0N, AA; 04/08/2021; SJ 11
April 8, 2021: Sen. Watters Moved to Remove HB 432 from the Consent Calendar; 04/08/2021; SJ 11
April 8, 2021: Sen. Watters Moved to Remove HB 432 from the Consent Calendar; 04/08/2021; SJ 11
April 8, 2021: Committee Report: Ought to Pass with Amendment # 2021-1113s, 04/08/2021; Vote 5-0; CC; SC 18A
April 6, 2021: Committee Report: Ought to Pass with Amendment # 2021-1113s, 04/08/2021; Vote 5-0; CC; SC 18A
March 23, 2021: Remote Hearing: 03/23/2021, 10:00 am; Links to join the hearing can be found in the Senate Calendar; SC 16
March 17, 2021: Remote Hearing: 03/23/2021, 10:00 am; Links to join the hearing can be found in the Senate Calendar; SC 16
March 4, 2021: Introduced 03/04/2021 and Referred to Education; SJ 7
March 4, 2021: Introduced 03/04/2021 and Referred to Education; SJ 7
Feb. 24, 2021: Ought to Pass with Amendment 2021-0015h: MA VV 02/24/2021 HJ 3 P. 5
Feb. 24, 2021: Ought to Pass with Amendment 2021-0015h: MA VV 02/24/2021 HJ 3 P. 5
Feb. 24, 2021: Amendment # 2021-0015h: AA VV 02/24/2021 HJ 3 P. 5
Feb. 24, 2021: Amendment # 2021-0015h: AA VV 02/24/2021 HJ 3 P. 5
: Committee Report: Ought to Pass with Amendment # 2021-0015h (Vote 18-0; CC) HC 12 P. 4
Feb. 10, 2021: Committee Report: Ought to Pass with Amendment # 2021-0015h (Vote 18-0; CC) HC 12 P. 4
Jan. 20, 2021: Public Hearing: 01/26/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91325381640 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 26, 2021: Public Hearing: 01/26/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91325381640 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 10, 2021: Introduced (in recess of) 01/06/2021 and referred to Education HJ 2 P. 48
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Education HJ 2 P. 48