New Jersey-2010-A1587-Introduced

An Act concerning subcontracting by school districts and supplementing Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Subcontracting" means any action, practice, or effort by a board of education which results in any services or work performed by any of its employees being performed or provided by any other person, vendor, corporation, partnership, or entity.

2. In the event that a board of education enters into a subcontracting agreement, the subcontractor shall ensure that:

a. each of the subcontractor's employees engaged in the performance of services or work in any school building is able to communicate in and comprehend written and oral English;

b. each of the subcontractor's employees engaged in the performance of services or work in any school building is immunized against the diseases which pupils are required to be immunized against by the State Sanitary Code adopted pursuant to section 7 of P.L.1947, c.177 (C.26:1A-7) or for diseases against which immunization may be recommended by the State Department of Health; and

c. if the subcontracted services include maintenance or custodial services, whenever the subcontractor's maintenance or custodial staff is on school grounds, at least one employee who has in his possession a valid Black Seal Boiler Operator's license is also present.

3. A board of education shall conduct quarterly accountability assessments to determine that the subcontractor is in compliance with the bid specifications for the performance of the work or services. The Commissioner of Education is hereby authorized to withhold all or part of a district's State aid for failure to comply with this requirement.

4. a. A person who enters into a subcontracting agreement with a board of education shall not employ any individual who is an alien to perform the services or work for the school district unless the person was lawfully admitted for permanent residence at the time the employment was performed, was lawfully present for the purpose of performing the employment, or otherwise was permanently residing in the United States pursuant to law at the time the employment was performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of the Immigration and Nationality Act (8 U.S.C. s.1101 et seq.).

b. In the event that the provisions of subsection a. of this section are violated, the subcontracting agreement shall be rendered null and void. The Commissioner of Education shall be notified of the violation and shall thereupon list and keep on record the name of the subcontractor, and give notice by mail of the list to all school districts in the State and to any public body which requests the commissioner so to do. When the subcontractor denies that an unauthorized employment has occurred, he shall have the right to apply to the commissioner for a hearing which shall be afforded and a decision rendered within 48 hours of the request. If the commissioner rules against the petitioning party he shall have the right to apply for injunctive relief in the Superior Court against the listing by the commissioner.

c. A school district entering into a subcontracting agreement for the performance of any services or work shall first determine whether the name of the subcontractor is included on the list compiled pursuant to subsection b. of this section, and no contract shall be awarded to such subcontractor until three years have elapsed from the date of inclusion on the list.

5. This act shall take effect immediately.

STATEMENT

This bill requires greater accountability in school district subcontracting agreements. The bill defines "subcontracting" as any action, practice, or effort by a board of education which results in any services or work performed by any of its employees being performed or provided by any other person, vendor, corporation, partnership, or entity.

The bill requires subcontractors to ensure that the employees they place on school grounds are able to communicate in and comprehend written and oral English. The bill requires that each of the subcontractor's employees engaged in the performance of services or work in a school building be immunized against the diseases which students are required to be immunized against by the State Sanitary Code or for diseases against which immunization may be recommended by the State Department of Health. In addition, the bill requires school subcontractors providing maintenance or custodial services to ensure that an employee possessing a valid Black Seal Boiler Operator's License be present whenever maintenance or custodial staff are on school grounds.

The bill requires each board of education to conduct quarterly accountability assessments to determine that the subcontractor is in compliance with the bid specifications for the performance of the work or services. In the event that this requirement is not fulfilled, the bill authorizes the Commissioner of Education to withhold all or part of a district's State aid.

Finally, this bill prohibits the employment of undocumented aliens by a subcontractor. In the event that a subcontractor has been found to employ an undocumented alien, the bill provides that the contract will be rendered null and void. Moreover, the bill requires that the violation be reported to the Commissioner of Education, who will include the subcontractor on a list of subcontractors who have been debarred from entering into other subcontracting agreements with school districts. The bill provides that the period of debarment will be for three years. The bill also provides for a process by which a subcontractor can contest its debarment.