New Hampshire Revised Statutes 189:13-c – Credentialing Applicant and Candidate Criminal History Records Check
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I. Definitions:
(a) “Credentialing applicant” means a first-time applicant for a New Hampshire teaching credential.
(b) “Candidate” means a student at an institution of higher education in New Hampshire who has been selected to participate in a K-12 educator preparation program.
II. (a) The department shall complete a confidential criminal history records check on all first-time applicants for a teaching license, under N.H. Rev. Stat. § 21-N:9, II(s), as shall school administrative units, school districts, and chartered public schools pursuant to N.H. Rev. Stat. § 189:13-a.
(b) The department shall complete a confidential criminal history records check on all candidates as shall school administrative units, school districts, and chartered public schools pursuant to N.H. Rev. Stat. § 189:13-a. The department shall adopt rules pursuant to N.H. Rev. Stat. Chapter 541-A relative to coordination with institutions of higher education in New Hampshire on procedures for conducting clearances for candidates for K-12 educator preparation programs.
(c) The criminal history records check on a candidate shall valid for a period of 3 years.
III. (a) The credentialing applicant or candidate shall submit to the department a criminal history records release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of the credentialing applicant’s or candidate’s criminal history record information, including confidential criminal history record information, to the background check coordinator of the department, as described in N.H. Rev. Stat. § 21-N:8-a, I-a.
(b) The credentialing applicant or candidate shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of education. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be taken in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearance from every city, town, or county where an applicant or candidate has lived during the past 5 years.
IV. (a) The department shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. The department shall destroy all criminal history record information within 60 days of receiving said information.
(b) The department may require the credentialing applicant or candidate to pay the actual costs of the criminal history records check.
V. Any person who has been charged pending disposition for or convicted of any violation or attempted violation of N.H. Rev. Stat. § 318-B:2 for possession of a controlled drug with the intent to sell, felony level, within the last 10 years, N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
VI. The department shall adopt rules, pursuant to RSA 541-A, governing the rights of a credentialing applicant and candidate and their ability to appeal a denial of a teaching credential or clearance pursuant to a charge pending disposition for or a conviction of any of the offenses under paragraph V.
VII. If a credentialing applicant had submitted to a criminal history records check within the prior 6 months as a candidate, that check shall be deemed valid for purposes of this section.
(a) “Credentialing applicant” means a first-time applicant for a New Hampshire teaching credential.
Terms Used In New Hampshire Revised Statutes 189:13-c
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Statute: A law passed by a legislature.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) “Candidate” means a student at an institution of higher education in New Hampshire who has been selected to participate in a K-12 educator preparation program.
II. (a) The department shall complete a confidential criminal history records check on all first-time applicants for a teaching license, under N.H. Rev. Stat. § 21-N:9, II(s), as shall school administrative units, school districts, and chartered public schools pursuant to N.H. Rev. Stat. § 189:13-a.
(b) The department shall complete a confidential criminal history records check on all candidates as shall school administrative units, school districts, and chartered public schools pursuant to N.H. Rev. Stat. § 189:13-a. The department shall adopt rules pursuant to N.H. Rev. Stat. Chapter 541-A relative to coordination with institutions of higher education in New Hampshire on procedures for conducting clearances for candidates for K-12 educator preparation programs.
(c) The criminal history records check on a candidate shall valid for a period of 3 years.
III. (a) The credentialing applicant or candidate shall submit to the department a criminal history records release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of the credentialing applicant’s or candidate’s criminal history record information, including confidential criminal history record information, to the background check coordinator of the department, as described in N.H. Rev. Stat. § 21-N:8-a, I-a.
(b) The credentialing applicant or candidate shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of education. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be taken in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearance from every city, town, or county where an applicant or candidate has lived during the past 5 years.
IV. (a) The department shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. The department shall destroy all criminal history record information within 60 days of receiving said information.
(b) The department may require the credentialing applicant or candidate to pay the actual costs of the criminal history records check.
V. Any person who has been charged pending disposition for or convicted of any violation or attempted violation of N.H. Rev. Stat. § 318-B:2 for possession of a controlled drug with the intent to sell, felony level, within the last 10 years, N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
VI. The department shall adopt rules, pursuant to RSA 541-A, governing the rights of a credentialing applicant and candidate and their ability to appeal a denial of a teaching credential or clearance pursuant to a charge pending disposition for or a conviction of any of the offenses under paragraph V.
VII. If a credentialing applicant had submitted to a criminal history records check within the prior 6 months as a candidate, that check shall be deemed valid for purposes of this section.