CHAPTER 55

HB 1243 – FINAL VERSION

6Feb2014… 0089h

2014 SESSION

14-2241

05/04

HOUSE BILL 1243

AN ACT relative to the confidentiality of criminal background checks of school employees and volunteers.

SPONSORS: Rep. Suzanne Smith, Graf 8; Sen. Stiles, Dist 24

COMMITTEE: Education

ANALYSIS

This bill removes a cross-reference to youth skill camp criminal background checks in the law governing confidentiality of school employee criminal background checks. The law would still permit a prospective camp employee to consent to the release of a prior criminal background check.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Feb2014… 0089h

14-2241

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to the confidentiality of criminal background checks of school employees and volunteers.

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

55:1 School Employee and Volunteers; Confidentiality of Criminal Background Check; Cross Reference to Youth Skill Camp Background Check Removed. Amend RSA 189:13-a, III to read as follows:

III. The school administrative unit, school district, chartered public school, or public academy shall submit the criminal history records release form to the New Hampshire state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. The state police shall examine the list of crimes constituting grounds for non-approval of employment, or non-acceptance of volunteer services in that school administrative unit, school district, chartered public school, or public academy, and shall report the presence or absence of any such crime to the school administrative unit, school district, chartered public school, or public academy. Under no circumstances shall the criminal records be released to the school administrative unit, school district, chartered public school, or public academy. The school administrative unit, school district, chartered public school, or public academy shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph[, except as provided in RSA 485-A:24, II(f)]. If the criminal history records information indicates no criminal record, the school administrative unit, school district, chartered public school, or public academy shall destroy the information received immediately following its review of the information. If the criminal history records information indicates that the applicant has been convicted of a felony or has been charged pending disposition for or convicted of a crime listed in paragraph V, the school administrative unit, school district, chartered public school, or public academy shall review the information for a hiring decision, and the division of state police shall notify the department of education of any such charges pending disposition or convictions. The school administrative unit, school district, chartered public school, or public academy shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information.

55:2 Effective Date. This act shall take effect upon its passage.

Approved: May 27, 2014

Effective Date: May 27, 2014