Revision: March 13, 2024, 10:21 a.m.
Rep. Kuttab, Rock. 17
March 5, 2024
2024-0978h
12/06
Amendment to HB 1353
Amend the title of the bill by replacing it with the following:
AN ACT relative to authorizing hearing officers of the department of education to issue subpoenas.
Amend the bill by replacing section 1 with the following:
1 New Paragraphs; Commissioner; Issuance of Subpoenas. Amend RSA 21-N:4 by inserting after paragraph XII the following new paragraph:
XIII.(a) Issuing subpoenas for persons and for the production of documents, tangible objects, and other items and things whenever the commissioner has reason to believe that a violation of the code of conduct for New Hampshire educators, as established by RSA 21-N:9, II(cc)(1), has occurred relative to:
(1) Any alleged sexual assault involving licensed educators and students.
(2) Any alleged physical assault involving licensed educators and students.
(3) Any alleged act of endangerment or cruelty involving licensed educators and students.
(4) Any alleged violation of RSA 189:13-a, V, which would prohibit employment;
(5) Any alleged possession of a controlled drug or alcohol by a licensed educator within the school setting as defined by RSA 193-D.
(6) Any alleged impairment due to controlled drug or alcohol intoxication by a licensed educator within the school setting as defined by RSA 193-D.
(7) Any alleged failure of any person to notify the department of education, bureau of credentialing, of prior criminal convictions, education license suspensions, or revocations at the time of license application, or the renewal of a valid New Hampshire educator license.
(8) Any alleged failure to provide appropriate supervision pursuant to local school district policy by a licensed educator which resulted in harm or potential physical harm.
(9) Any allegation related to furnishing alcohol or illegal controlled drugs to any student by a licensed educator in any circumstance.
(10) Any alleged solicitation or participation of a licensed educator in any romantic or sexual relationship between a licensed educator and any student regardless of consent (RSA 632-A:2 and RSA 632-A:3) including within 10 months after graduation or departure of the student from school.
(11) Any alleged failure of a licensed educator to report suspected abuse or neglect under RSA 169-C:29.
(b) Subpoenas shall be issued by hearing officers appointed by the department of education to hear code of conduct violation hearings in accordance with the following conditions:
(1) The investigation must pertain to a certified educator and the individual must be under investigation in accordance with the administrative rules;
(2) Subpoenas shall be relevant to a code of conduct violation, as set forth in the administrative rules;
(3) Subpoenas for persons shall be served in accordance with RSA 516:1 and not require compliance in less than 5 days after receipt of service;
(4) Subpoenas for documents, tangible objects, and other items and things shall not require compliance in less than 15 days after receipt of service;
(5) Service shall be made on licensees and certified individuals by certified mail to the address on file with the department or by hand, and shall not entitle the person to witness or mileage fees; and
(6) Service shall be made on persons who are not licensees or certified individuals in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on such persons shall be annotated "Fees Guaranteed by the New Hampshire Department of Education Bureau of Credentialing."
(7) In any adjudicatory proceeding resulting from a code of conduct violation, a hearing officer shall also issue subpoenas on behalf of a certified educator at their request, as relevant to a code of conduct violation. Any costs incurred in issuing a subpoena shall be the responsibility of the party requesting the subpoena, unless otherwise determined by the hearing officer.
(8) The person to whom the subpoena is directed may file a motion to quash or modify the subpoena within 10 days after service of the subpoena to the hearing officer. Upon receipt of a motion to quash or modify a subpoena, the hearing officer shall determine the merits of the motion based upon the written submissions. If the motion to quash or modify is granted in whole or in part, the person to whom the subpoena is directed shall comply within the balance of time prescribed in the subpoena, which shall be extended to include the time elapsed between the filing of motion to quash or modify to the service of the ruling thereon.
(9) Any evidence collected pursuant to the subpoena shall be made available to both parties in any adjudicatory proceedings resulting therefrom.
2024-0978h
AMENDED ANALYSIS
This bill authorizes hearing officers of the department of education to issue subpoenas.