Revision: March 18, 2021, 12:02 p.m.
Sen. Kahn, Dist 10
March 17, 2021
2021-0883s
06/08
Floor Amendment to SB 130-FN
Amend RSA 194-E:4 as inserted by section 2 of the bill by inserting after paragraph XVII the following new paragraph:
XVIII. The scholarship organization shall require, from an organization that qualifies as an education service provider under RSA 194-E:1, V, a criminal history background check pursuant to RSA 194-E:12 on every employee or volunteer who has contact with a pupil served by the education service provider.
Amend RSA 194-E as inserted by section 2 of the bill by inserting after section 11 the following new section:
194-E:12 Criminal History Record Checks.
I.(a) An employee, selected applicant for employment, or designated volunteer with an education service provider, shall submit to the education service provider a criminal history records release form, as provided by the division of state police, authorizing 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 determining if such person has been charged pending disposition for or convicted of any violation or attempted violation of crimes covered in RSA 189-13-A.V, including 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, as defined under this section. The education service provider shall deny employment or a volunteering role to a person if such person has been charged pending disposition or convicted of any crime, misdemeanor, or felony listed in this paragraph.
(b) The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency. 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 education service provider 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.
II. The education service provider shall maintain the confidentiality of all criminal history records information received pursuant to this section. 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 I, the education service provider shall review the information for a hiring decision.
III. If the applicant’s criminal history records information indicates that the applicant has been charged pending disposition for or has been convicted of a crime listed in paragraph I, the education service provider shall notify the department of education.
IV. The scholarship organization shall adopt a policy relative to assurance from an educational service provider of their agreement to conduct criminal history records checks under this section prior to authorizing reimbursement and disbursement of funds to the education service providers. Such policy shall also state that an education service provider shall not employ or place into a volunteer role any person who has contact with a pupil served by the education service provider who has been charged pending disposition or convicted of any crime, misdemeanor or felony listed in paragraph I.