HB 267  - AS INTRODUCED

 

 

2023 SESSION

23-0235

10/04

 

HOUSE BILL 267

 

AN ACT relative to criminal records checks in school employment.

 

SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Verville, Rock. 2; Rep. Sweeney, Rock. 25

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill clarifies that a school administrative unit, school district, or chartered public school may require more frequent or reoccurring criminal history records check on its employees and volunteers than required in statute.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0235

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to criminal records checks in school employment.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  School Employees and Volunteers; Criminal History Records Checks.  Amend RSA 189:13-a, I(a) to read as follows:

I.(a) The employing school administrative unit, school district, or chartered public school shall complete a criminal history records check on every selected applicant for employment in any position in the school administrative unit, school district, or chartered public school prior to a final offer of employment. A public academy approved by the New Hampshire state board of education shall submit a criminal history records check on applicants for employment pursuant to this section to the division of state police. The superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy may extend a conditional offer of employment to a selected applicant, with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a final offer of employment unless the school administrative unit, school district, chartered public school, or public academy has completed a criminal history records check. The school administrative unit, school district, chartered public school, or public academy shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant, or the acceptance of volunteer services from a designated volunteer, with a criminal history was in any way negligent or deficient, if the school administrative unit, school district, chartered public school, or public academy fulfilled the requirements of this section.  The employing school administrative unit, school district, or chartered public school may choose to require a criminal history records check on any group of employees on a more frequent or reoccurring basis than is set forth in this section.

2  Effective Date.  This act shall take effect 60 days after its passage.