Background Checks for New Hampshire Microschool and Pod Educators (RSA 189:13-a)

Running a background check on your learning pod educator is not optional in New Hampshire. RSA 189:13-a mandates comprehensive criminal history checks for anyone hired, volunteering regularly, or contracted to be in regular contact with students — and the consequences of skipping this step are severe.

Most micro-school founders understand the legal obligation in the abstract but are unclear on exactly who it applies to, how the process works, and what a problematic background actually disqualifies. Here is the practical breakdown.

Who Is Covered Under RSA 189:13-a

RSA 189:13-a applies to "selected applicants for employment, designated volunteers, and contracted service providers" who "will be in regular contact with students."

For a micro-school or learning pod, this covers:

The primary educator or guide: Whether you hire this person as a W-2 employee or as a 1099 independent contractor, they are in regular contact with students and the background check is required.

Regular volunteers: A parent who volunteers two days per week as a classroom helper or reading tutor is in regular contact with students. If their presence is structured and recurring, the background check applies.

Part-time enrichment instructors: An outside art teacher, music instructor, or STEM specialist who comes in regularly requires a background check, even if they are only there for one class session per week.

Substitutes: If someone regularly substitutes for your primary educator, they fall under this requirement as well.

Parent volunteers who are present only occasionally — for a single field trip or a one-time presentation — are generally not covered by the "regular contact" standard. However, the definition of "regular" is not precisely quantified in the statute, so erring on the side of checking is the lower-risk choice.

Parents educating their own biological children are not subject to this requirement. RSA 189:13-a governs hired and volunteer personnel, not parents in their own home education program.

The Background Check Process

New Hampshire's criminal history check under RSA 189:13-a involves fingerprinting and a search of state and federal criminal records databases. Here is the step-by-step process:

Step 1: Obtain the Criminal Record Release Authorization Form

The applicant must complete a notarized Criminal Record Release Authorization Form. This form authorizes the state to search criminal history records and release results to the requesting employer. You can obtain the current form from the New Hampshire Department of Safety.

Step 2: Live-scan fingerprinting

The applicant must submit to live-scan fingerprinting at an authorized facility. NH Department of Safety facilities that offer live-scan include:

• The Department of Safety Building in Concord
• Manchester DMV and State Police Barracks
• Dover DMV substation
• Keene State Police Barracks
• Other authorized substations across the state

The applicant presents valid photo identification at the appointment. No walk-in guarantee — some locations require scheduling in advance.

Step 3: Pay the processing fee

The processing fee is approximately $33.50. This is the applicant's cost to pay, not typically the employer's cost, though you may choose to reimburse it as part of your compensation structure.

Step 4: Wait for results

Processing typically takes one to two weeks after the fingerprint submission. Results are returned to the specified recipient — either you as the employer or the NHDOE depending on how the authorization is configured.

Step 5: Review and decide

A background check result showing criminal history does not automatically disqualify a candidate. New Hampshire, like most states, follows a standard of individualized assessment: the nature of the offense, the time elapsed, the evidence of rehabilitation, and the relevance of the offense to working with children are all factors. Sexual offenses against minors, violent crimes, and crimes involving financial exploitation of vulnerable persons are categorical disqualifiers in most educational settings.

The Prenda Compliance Model

Network micro-school operators like Prenda have made background check compliance a central operational requirement — and a primary selling point. Prenda centrally manages and mandates background checks for every guide and for any adult present at the micro-school location during operational hours, not just the primary educator.

Independent pod founders should adopt a similar standard, even without a network mandate. Every adult who will be regularly present with students should be checked. This protects the children in your program and protects you from civil liability claims that could arise if an incident occurs involving an adult whose history you failed to verify.

Documentation and Retention

Keep copies of background check results and the associated release authorization forms in your administrative files. If you ever face a legal claim, regulatory investigation, or CSFNH vendor audit, documentation that you ran RSA 189:13-a-compliant checks on all relevant personnel is a significant protective asset.

The Children's Scholarship Fund NH vendor conduct policies expect approved providers to maintain appropriate child safety practices. A documented background check process is part of demonstrating professional operation.

What Happens If You Skip This Step

The legal liability associated with failing to conduct background checks under RSA 189:13-a is categorical. If an incident involving an adult employee or volunteer occurs and you did not perform the required check, the legal and financial exposure can be devastating. Courts have consistently held that failure to conduct required background checks constitutes negligent hiring — a finding that exposes your personal assets and your business entity to substantial damages.

Professional indemnity insurance does not cover incidents arising from knowing non-compliance with statutory requirements. Skipping background checks is not a cost-saving measure; it is an uninsured liability.

The New Hampshire Micro-School & Pod Kit includes a hiring compliance checklist covering RSA 189:13-a requirements, the fingerprinting facility locations by region, and a template authorization process you can use with every new educator or regular volunteer joining your pod.

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