HB 1311 - AS AMENDED BY THE HOUSE
16Feb2022... 0201h
2022 SESSION
22-2605
10/04
HOUSE BILL 1311
SPONSORS: Rep. Mullen, Hills. 7; Rep. Tanner, Sull. 9; Rep. Rombeau, Hills. 7
COMMITTEE: Education
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AMENDED ANALYSIS
This bill adds the prohibition of persons convicted of first degree assault or possession of a controlled drug with the intent to sell from employment in a public school and from being granted a teaching credential.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Feb2022... 0201h 22-2605
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Employee and Designated School Volunteer Criminal History Records Check; Violations Added. Amend RSA 189:13-a, V to read as follows:
V. 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; RSA 630:1; 630:1-a; 630:1-b; 630:2; 631:1; 632-A:2; 632-A:3; 632-A:4; 633:1; 633:7; 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 hired by a school administrative unit, school district, chartered public school, or public academy. The superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy may deny a selected applicant a final offer of employment if such person has been convicted of any crime, misdemeanor or felony, in addition to those listed above. The governing body of a school district, chartered public school, or public academy shall adopt a policy relative to hiring practices based on the results of the criminal history records check and report of misdemeanors and felonies received under paragraph II. Such policy may include language stating that any person who has been convicted of any misdemeanor, or any of a list of misdemeanors, may not be hired. Such policy may also include language stating that any person who has been convicted of any felony, or any of a list of felonies, shall not be hired.
2 Credentialing Applicant and Candidate Criminal History Records Check; Violations Added.. Amend RSA 189:13-c, V to read as follows:
V. Any person who has been charged pending disposition for or convicted of any violation or attempted violation of RSA 318-B:2 possession of a controlled drug with the intent to sell, RSA 630:1; 630:1-a; 630:1-b; 630:2; 631:1; 632-A:2; 632-A:3; 632-A:4; 633:1; 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 teaching credential by the department nor shall candidates be granted clearance.
3 Effective Date. This act shall take effect January 1, 2023.