About Criminal History Background Investigations

 

Fingerprinting

 

Q1.  Do charter school employees have to be fingerprinted?


A1.  Yes.  RSA 189: 13-a states:
"The employing school administrative unit, school district,
or charter school shall complete a background investigation and a criminal history records check on every selected applicant for employment in any position in the school administrative unit, school district, or charter school prior to a final offer of employment.   A ...charter school may extend a conditional offer of employment to a selected applicant after completing a background investigation with the final offer of employment subject to a successfully completed criminal history records check. No ...selected applicant may be extended a conditional offer of employment unless the ...charter school has initiated a criminal history records check."

Q2: Does the criminal history records check help the school with liability?


A2: The statute states "The...charter school shall not be held liable in any lawsuit alleging that <their offer> was in any way negligent or deficient, if the...charter school fulfilled the requirements of this section."

Q3: How is this done?


Q4. The charter school's personnel system has to assure certain types of required, pre-employment paperwork is processed. Small charter schools can either work out this arrangement with their area police or SAU office. Some SAU offices process the fingerprinting paperwork themselves.

Q4: Who pays for these costs?


A4: RSA 189-13 (at IV) allows the school to pay the actual costs of the background investigation and criminal history records check. Some schools pay for this. In situations where volunteers, coaches, and substitutes are in short supply, requiring the volunteer, coach, or substitute to pay this cost might be a disincentive for people to apply.

Q5: Volunteers? Do all volunteers have to have a background check?


A5: The law does not "require" background checks for school volunteers; however, the school has no other way to identify someone who should not be in contact with children.

Q6: What about parents of students...can you separate volunteers you know from volunteers you do not know?


A6: The law allows for the charter school Board of Trustees to have a policy designating certain categories of volunteers as "designated volunteers" who may be required to undergo a background investigation and a criminal history records check.

 

Q7: Is the Criminal Record Release offered through the Department of Safety the same background check required for schools?


A7:  No, the Criminal Records check offered at the Department of Safety is a review of any record within the State of New Hampshire and does not involve fingerprinting. This is a different background check than the one required for schools, which include nationwide crimes against children--hence the fingerprinting component.