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Debate over subpoena authority for Department of Education centers on due process and access to reports
Summary
HB 520 would authorize the Department of Education to issue subpoenas in investigatory and adjudicatory licensing proceedings; supporters said it aligns NH with other states and helps investigations, while unions and educators opposed the change citing due-process and scope concerns.
Representative Bob Lynn told the Senate Judiciary Committee House Bill 520, requested by the Department of Education, would give the department authority to issue subpoenas in connection with professional-licensing disciplinary investigations of educators.
Lynn said that many other state regulatory agencies have subpoena power and that surrounding states’ education agencies already have that authority. “If there’s a regulatory agency such as the Department of Education that has the authority to regulate and discipline certain licensed individuals … they ought to have an ability to compel…
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