HB 738-FN - AS INTRODUCED
2025 SESSION
25-0777
02/09
HOUSE BILL 738-FN
SPONSORS: Rep. Luneau, Merr. 9; Rep. Bricchi, Merr. 15; Rep. Burroughs, Carr. 2; Rep. Cornell, Hills. 22; Sen. Altschiller, Dist 24; Sen. Fenton, Dist 10; Sen. Prentiss, Dist 5; Sen. Reardon, Dist 15
COMMITTEE: Education Policy and Administration
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ANALYSIS
This bill requires nonpublic schools and education service providers that accept public funds to comply with requirements for criminal history background checks for employees and volunteers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0777
02/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Contractors; Department of Education; Criminal History Background Checks. Amend RSA 21-N by inserting after section 9 the following new section:
21-N:9-a Department Contracts; Criminal History Background Checks. Any employee or volunteer of an entity contracted for educational services by the department or the state board of education who provides in-person instruction to students shall comply with the submission of a criminal history background check as described under RSA 189:13-a.
2 New Paragraph; Education Tax Credit; Department of Education; Criminal History. Amend RSA 77-G:7 by inserting after paragraph II the following new paragraph:
II-a. The department of education shall require that all employees and volunteers of nonpublic schools or providers that choose to accept scholarship students under this chapter undergo and provide access to the results of a criminal history background check which complies with RSA 189:13-a.
3 Education Tax Credit; Reference Added; Criminal History Background Checks. Amend RSA 77-G:9, I to read as follows:
I. A receiving nonpublic school or home education program that accepts students benefiting from scholarships, grants, or tax credits, and that complies with criminal history background checks under RSA 21-N:9-a, shall not be considered an agent of the state or federal government as a result of participating in the program established in this chapter.
4 Alternative Programs for Granting Credit Leading to Graduation. Amend RSA 193-E:2-a, V(b) to read as follows:
(b) The state board of education shall adopt rules, pursuant to RSA 541-A, relative to the approval of alternative programs for granting credit leading to graduation, which shall include the requirement that any employee or volunteer of such alternative program who provides in-person instruction to students complies with the submission of a criminal history background check under RSA 189:13-a.
5 New Subparagraph; Education Freedom Accounts Program; Requirements for Education Service Providers; Criminal History Background Checks. Amend RSA 194-F:6, II by inserting after subparagraph (c) the following new subparagraph:
(d) Submit the results of a criminal history records check which complies with the requirements of RSA 189:13-a for any employee or volunteer providing instruction in person to an EFA student.
6 Effective Date. This act shall take effect 60 days after its passage.
25-0777
Revised 1/24/25
HB 738-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | Indeterminable Increase | ||||
Revenue Fund(s) | Criminal Records Fund (RSA 106-B:7, II) | |||||
Expenditures* | $0 | Indeterminable | ||||
Funding Source(s) | General Fund, Criminal Records Fund (RSA 106-B:7, II) | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill would require the Department of Education to ensure that nonpublic schools and education service providers that accept public funds to comply with requirements for criminal history background checks for employees and volunteers. The Department states it could have an increase in costs, however, is unable to provide an estimate.
The Department of Safety states that the Criminal Records Unit currently provides criminal history record checks to nonpublic or private schools. To the extent this bill would apply to those providing educational services beyond those entities, it could experience an increase in requests for criminal background checks. Any potential impact to the criminal records fund is indeterminable.
AGENCIES CONTACTED:
Department of Education and Department of Safety
| Date | Body | Type |
|---|---|---|
| Feb. 12, 2025 | House | Hearing |
| Feb. 18, 2025 | House | Exec Session |
| Feb. 19, 2025 | House | Exec Session |
Feb. 12, 2025: ==CONTINUED== Executive Session: 02/19/2025 09:30 am LOB 205-207
Feb. 12, 2025: ==RECESSED== Executive Session: 02/18/2025 09:30 am LOB 202-204
Feb. 5, 2025: Public Hearing: 02/12/2025 03:00 pm LOB 205-207
Jan. 22, 2025: Introduced (in recess of) 01/09/2025 and referred to Education Policy and Administration HJ 3 P. 25