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School Background Check Bill Advances
March 03, 2015 posted by Steve Brownstein
A bill that would provide school officials with more information about a prospective employee’s criminal background could be voted on by the full House as soon as next week.
The House Education Committee unanimously passed HB346 on Friday. The bill would require the disclosure of an applicant’s entire criminal history, instead of just certain felony-level offenses.
The legislation was spurred by the mother of a 15-year-old Claremont girl who was sexually assaulted by a Stevens High School math teacher.
“It ought to pass,” said Rep. Andrew Schmidt, D-Grantham, who noted on Monday that the legislation is widely supported. “There was very compelling testimony by a victim .”
The bill’s primary sponsor, state Rep. Andrew O’Hearne, D-Claremont, said he was pleased to hear that the legislation was approved at the committee level.
“Hopefully there will be no opposition at the House level,” said O’Hearne, who also is a Claremont police officer. “But you never know.”
State Rep. Jim Grenier, R-Lempster, said he thought the bill could hit the House floor by next Wednesday. He said the legislation would ensure all individuals hired in New Hampshire school districts are fit to work with children.
“You can’t cover anything up,” Grenier said of the legislation. “It’s a good bill. There is big motivation around crimes against children.”
The Stevens student fell victim to a sexual assault last school year by teacher Christopher LeBlanc, who pleaded guilty last year to two felony sexual assault charges and is now in prison. Following his arrest, school officials learned that LeBlanc had two prior convictions that hadn’t been reported to the school district when he applied.
Under New Hampshire law, school district officials are notified of a criminal conviction only if a prospective employee has been convicted of a felony crime — such as murder, sexual assault and child pornography — that falls into one of 18 different categories.
Misdemeanor convictions — as well as felony convictions that are not in one of the categories — aren’t reported to the school district.
Grenier, of Lempster, noted that even if the bill becomes law, individuals who have had crimes expunged from their record would still avoid detection.
About a half dozen people, including SAU 6 Superintendent Middleton McGoodwin and the Stevens victim’s mother, testified before the House Education Committee late last month.
The bill passed the committee with minor changes. State Rep. Barbara Shaw, D-Manchester, said some language in the bill was amended to ensure all information about a person’s background would be disclosed during a records check. In addition, if a person isn’t hired by the district, their information would be shredded instead of kept on file.
Though Schmidt, of Grantham, supports the bill, he raised civil liberties concerns during the committee discussion.
“Why should someone who committed a drunk driving crime be precluded from working in the school cafeteria,” he said.
Ultimately, though, the “overwhelming need” to protect children overrode those concerns, he said, and he voted for the bill.
