Revision: March 3, 2026, 10:28 a.m.
HB 1827-FN-A - AS AMENDED BY THE HOUSE
19Feb2026... 0573h
2026 SESSION
26-2633
07/09
HOUSE BILL 1827-FN-A
SPONSORS: Rep. Ladd, Graf. 5
COMMITTEE: Education Funding
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AMENDED ANALYSIS
This bill requires the department of education to conduct a confidential criminal history record check on all prospective educational personnel.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Feb2026... 0573h 26-2633
07/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Department of Education School Employee Criminal History Records Check. Amend RSA 189 by inserting after section 13-c the following new section:
189:13-d Department of Education School Employee Criminal History Records Check.
I. As used in this section:
(a) "Educational personnel" means an individual who is employed, either part time or full time, by a school administrative unit, school district, public school, public charter school, public academy, or non-public approved special education school in the state of New Hampshire who is not in a position requiring an educator credential.
(b) "Clearance" means a document issued to educational personnel that reflects that a criminal history record check was completed and that none of the violations listed in RSA 189:13-c, V were found.
II.(a) The department shall complete a confidential criminal history record check on all educational personnel. The criminal history record check clearance shall be valid for a period of 5 years.
(b) The department shall establish and implement a secure system for conducting a check of all educational personnel listed in this section in the National Association of State Directors of Teacher Education and Certification (NASDTEC) database by utilizing the applicant's social security number.
III.(a) Educational personnel shall submit to the department 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 a report of the individual's criminal history record information, including confidential criminal history record information, to the background check coordinator of the department, as described in RSA 21-N:8-a, I-a.
(b) Educational personnel shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of education. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be taken in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearance from every city, town, or county where an applicant or candidate has lived during the past 10 years.
IV.(a) The department shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. The department shall destroy all criminal history record information within 60 days of receiving said information.
(b) The department may require educational personnel to pay the actual costs of the criminal history records check.
V.(a) Any person who has been charged pending disposition for or convicted of any violation or attempted violation of RSA 318-B:2 for possession of a controlled drug with the intent to sell, felony level, within the last 10 years, RSA 630:1; 630:1-a; 630:1-b; 630:2; 630:3; 631:1; 631:2; 631:2-b; 632-A:2; 632-A:3; 632-A:4; 633:1; 633:7; 636:1; 638:1; 638:15-a; 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 granted a clearance, nor shall they be employable or contracted in a public school, public charter school, public academy, or non-public approved special education school within the state of New Hampshire.
(b) A school administrative unit, school district, public school, public charter school, public academy, or non-public approved special education school in the state of New Hampshire shall not employ any individual who has had their educator license credential revoked in New Hampshire or any other state.
VI. The department shall adopt rules, pursuant to RSA 541-A, governing the rights of educational personnel and their ability to appeal a denial of a clearance pursuant to a charge pending disposition for or a conviction of any of the offenses under paragraph V.
2 Effective Date. This act shall take effect July 1, 2027.
26-2633
03/03/2026
HB 1827-FN-A- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2026-0573h)
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | Up to $588,000 Per Year | |||
Revenue Fund(s) | Department of Education Credentialing Fund and Department of Safety Criminal Records Fund | |||||
Expenditures* | $0 | $0 | $446,000 | $340,000 | ||
Funding Source(s) | Department of Education Credentialing Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill, effective July 1, 2027 (FY 2028), requires the Department of Education to conduct criminal history record checks for all non-educator credentialed individuals employed (full time or part time) in public schools, public academies, school administrative units (SAUs), public charter schools, and private special education schools. The Department currently conducts criminal history record checks for several categories of school-related individuals, including school bus drivers, Professional Educator Preparation Program (PEPP) students, and new applicants for educator licensure. The Department’s current fee for these checks is $100, and it issues clearances with a five-year validity for bus drivers and a four-year validity for PEPP students. The Bureau of Educator Credentialing within the Department is responsible for administering these checks. The Bureau is currently funded through fee revenue and receives no general fund appropriations.
Currently, the Department conducts approximately 3,000 checks annually, using approximately 1.5 staff positions to perform this work. Under this bill, the Department anticipates aligning the new requirement with existing procedures and processes. The Department estimates the bill would add approximately 20,000 individuals over a five-year period, or about 4,000 additional checks per year. The Department anticipates that the costs associated with additional staffing and administrative support could be covered through the existing $100 fee per check, without the need for additional funding:
Department of Education Restricted Revenue and Expenditures Bureau of Credentialing
| FY 2028 | FY 2029 |
Additional Revenue (4,000 Checks @ $100 Each) | $400,000 | $400,000 |
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Costs |
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Two (2) Positions (SOC 13-04, Starting Step 7), and Related Costs | $246,000 | $240,000 |
Other Costs (i.e., IT programming and support costs as well as investigative, legal, and hearing fees for appeals) | $200,000 | $100,000 |
Total Costs | $446,000 | $340,000 |
The Department of Safety states it has a well-established internal process to handle the increase in background checks resulting from this bill, therefore the Department expects this bill will have no significant impact on its expenditures. The Department charges $47 for the checks required by this bill, therefore this bill would increase revenue to the Criminal Records Fund up to $188,000 ($47 x 4,000 checks) per year.
AGENCIES CONTACTED:
Department of Education and Department of Safety