Bill Text: NH HB1664 | 2022 | Regular Session | Introduced
Bill Title: Requiring certain non-public schools or education service providers that accept public funds to perform background checks on all employees and volunteers.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-03-15 - Refer for Interim Study: Motion Adopted Voice Vote 03/15/2022 House Journal 6 [HB1664 Detail]
Download: New_Hampshire-2022-HB1664-Introduced.html
HB 1664-FN - AS INTRODUCED
2022 SESSION
22-2499
10/05
HOUSE BILL 1664-FN
SPONSORS: Rep. Porter, Hills. 1; Rep. Mullen, Hills. 7; Rep. Ellison, Merr. 27; Rep. Heath, Hills. 14; Rep. Tanner, Sull. 9
COMMITTEE: Education
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2499
10/05
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 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 77-G:8-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.
22-2499
Redraft 12/27/21
HB 1664-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill would require criminal history background checks for any employee or volunteers of an entity contracted for educational services by the Department of Education or the State Board of Education. It also requires criminal history background checks to be extended to home education programs which benefit from any scholarships, grants or tax credits, any alternative program for granting credit leading to graduation, all employees and volunteers of nonpublic schools which accept Education Freedom Account (EFA) students, as well as all employees and volunteers who provide in-person instruction to an EFA student.
The Department of Education states there is an indeterminable fiscal impact to State expenditures starting in FY 2023. The Department is unable to determine the amount of criminal history background checks that would need to be performed to comply with the provisions of this bill.
The Department of Safety is unable estimate the amount of additional criminal history background checks that will be processed by the Department and if additional positions would be needed. Therefore the fiscal impact is an indeterminable increase to State revenues and expenditures.
AGENCIES CONTACTED:
Department of Education and Department of Safety
