HB 738-FN - AS INTRODUCED
2025 SESSION
25-0777
02/09
HOUSE BILL738-FN
AN ACTrequiring certain non-public schools or education service providers that accept public funds to perform background checks on all employees and volunteers.
SPONSORS:Rep. Luneau, Merr. 9; Rep. Bricchi, Merr. 15; Rep. Burroughs, Carr. 2; Rep. Cornell, Hills. 22; Sen. Altschiller, Dist 24; Sen. Fenton, Dist 10; Sen. Prentiss, Dist 5; Sen. Reardon, Dist 15
COMMITTEE:Education Policy and Administration
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0777
02/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTrequiring certain non-public schools or education service providers that accept public funds to perform background checks on all employees and volunteers.
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 21-N:9-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.
LBA
25-0777
1/11/25
HB 738-FN- FISCAL NOTE
AS INTRODUCED
AN ACTrequiring certain non-public schools or education service providers that accept public funds to perform background checks on all employees and volunteers.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Education. The Department was contacted on 12/30/24 for a fiscal note worksheet. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Education and Department of Safety