New Hampshire Revised Statutes 189:49-a – Fingerprinting Program
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I. The state board of education in conjunction with the department of safety shall adopt a model fingerprinting program which shall be made available to the board of education of each school district in the state. The state board of education shall encourage each school district to adopt this program in the interest of uniformity throughout the state.
II. If the school district adopts the fingerprinting program it shall be for the sole purpose of providing a means by which a missing child might be located or identified and shall be operated on the following basis:
(a) No student shall be required to participate in the program.
(b) In order for a student to participate in the program, the parents, custodial parent, guardian, legal custodian, or other person responsible for the student shall authorize the student’s participation by signing a form that shall be developed by the board of education or by the principal or chief administrative officer of the nonpublic school for the program.
(c) All fingerprint cards shall be given to the parents, custodial parent, guardian, legal custodian, or other person responsible for a student after the fingerprinting of the student. A copy of a fingerprint card may be retained by a school or school district, if written permission is given by the student’s parent, guardian, or legal custodian. The student, upon reaching the age of 18, or the parent at any time, shall have the right to have the card returned and no copy shall be retained by the school or school district.
(d) The name, sex, hair and eye color, height, weight, and date and place of birth of the student and other information may be indicated on the fingerprint sheet or card.
III. Fingerprints obtained pursuant to this section, or any medical, psychological, guidance, counseling, or other information that is derived from the use of the fingerprints, shall not be admissible as evidence against the minor who is the subject of the fingerprints in any proceeding in any court, and shall not be used against the minor after the minor reaches the age of majority.
IV. A principal or chief administrative officer of a public school, or any employee of a public school who is authorized to handle school records, shall provide access to the relevant records of a student to a law enforcement officer who indicates that an investigation is being conducted by such officer and that the student is or may be a missing child. Copies of information in the relevant records of a student shall be provided, upon request, to the law enforcement officer, if prior approval is given by the student’s parent, guardian, or legal custodian. Information obtained by the officer shall be used solely in the investigation of the case. The information may be used by law enforcement agency personnel in any manner that is appropriate to solving the case, including, but not limited to, providing the information to other law enforcement officers and agencies and to the office of the attorney general, division of public protection, bureau of criminal justice, for purposes of computer integration pursuant to N.H. Rev. Stat. § 7:10-a.
II. If the school district adopts the fingerprinting program it shall be for the sole purpose of providing a means by which a missing child might be located or identified and shall be operated on the following basis:
Terms Used In New Hampshire Revised Statutes 189:49-a
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- 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
(a) No student shall be required to participate in the program.
(b) In order for a student to participate in the program, the parents, custodial parent, guardian, legal custodian, or other person responsible for the student shall authorize the student’s participation by signing a form that shall be developed by the board of education or by the principal or chief administrative officer of the nonpublic school for the program.
(c) All fingerprint cards shall be given to the parents, custodial parent, guardian, legal custodian, or other person responsible for a student after the fingerprinting of the student. A copy of a fingerprint card may be retained by a school or school district, if written permission is given by the student’s parent, guardian, or legal custodian. The student, upon reaching the age of 18, or the parent at any time, shall have the right to have the card returned and no copy shall be retained by the school or school district.
(d) The name, sex, hair and eye color, height, weight, and date and place of birth of the student and other information may be indicated on the fingerprint sheet or card.
III. Fingerprints obtained pursuant to this section, or any medical, psychological, guidance, counseling, or other information that is derived from the use of the fingerprints, shall not be admissible as evidence against the minor who is the subject of the fingerprints in any proceeding in any court, and shall not be used against the minor after the minor reaches the age of majority.
IV. A principal or chief administrative officer of a public school, or any employee of a public school who is authorized to handle school records, shall provide access to the relevant records of a student to a law enforcement officer who indicates that an investigation is being conducted by such officer and that the student is or may be a missing child. Copies of information in the relevant records of a student shall be provided, upon request, to the law enforcement officer, if prior approval is given by the student’s parent, guardian, or legal custodian. Information obtained by the officer shall be used solely in the investigation of the case. The information may be used by law enforcement agency personnel in any manner that is appropriate to solving the case, including, but not limited to, providing the information to other law enforcement officers and agencies and to the office of the attorney general, division of public protection, bureau of criminal justice, for purposes of computer integration pursuant to N.H. Rev. Stat. § 7:10-a.