New Jersey-2014-A169-Introduced

An Act concerning criminal history record background checks and amending P.L.1989, c.229 and P.L.1986, c.116 and supplementing chapter 6 of Title 18A of the New Jersey Statutes.

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

1. Section 1 of P.L.1989, c.229 (C.18A:6-4.13) is amended to read as follows:

1. Any nonpublic school may require all final candidates for employment or service under contract with the school as a teacher, substitute teacher, teacher aide, a school physician, school nurse, custodian, maintenance worker, bus driver, school bus aide, security guard, secretary or clerical worker or for any other position which involves regular contact with pupils, to demonstrate that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from employment in the public schools of this State pursuant to the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.). Application of this requirement by a nonpublic school shall be consistent and nondiscriminatory among candidates.

As used in this act, "nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education in grades K-12 or any combination thereof, wherein a child may legally fulfill compulsory school attendance requirements.

(cf: P.L.1998, c.31, s.1)

2. Section 3 of P.L.1989, c.229 (C.18A:6-4.15) is amended to read as follows:

3. The commissioner shall apply the same requirements, procedures and standards and shall proceed in the same manner as is prescribed in P.L.1986, c.116 (C.18A:6-7.1 et seq.) for determining whether the applicant would be qualified or disqualified for employment in the public schools and shall inform the applicant of his determination in writing. The commissioner shall also provide written notification to the chief administrator of the nonpublic school, which requires the criminal history record check as a condition of employment, of his determination as to whether the candidate would be qualified or disqualified for employment in the public schools.

Following qualification for employment pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against an employee of the nonpublic school which requires a criminal history record check as a condition of employment. If the charge is for one of the crimes or offenses enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the commissioner shall notify the chief administrator of the nonpublic school and the employee shall be suspended until the charge has been adjudicated. In the event the employee is deemed guilty of one of the crimes and offenses enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1) the employee shall be terminated from employment.

(cf: P.L.2002, c.119, s.2)

3. Section 1 of P.L.1986, c.116 (C.18A:6-7.1) is amended to read as follows:

1. A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 shall not employ or contract for the services of any teaching staff member or substitute teacher, teacher aide, school bus aide, child study team member, school physician, school nurse, custodian, school maintenance worker, cafeteria worker, school law enforcement officer, school secretary or clerical worker or any other person serving in a position which involves regular contact with pupils unless the employer has first determined consistent with the requirements and standards of this act, that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from being employed or utilized in such capacity or position. An individual employed by a board of education or a school bus contractor holding a contract with a board of education, in the capacity of a school bus driver, shall be required to meet the criminal history record requirements pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1). This section shall not apply to any individual who provides services on a voluntary basis.

An individual, except as provided in subsection g. of this section, shall be permanently disqualified from employment or service under this act if the individual's criminal history record check reveals a record of conviction for any crime of the first or second degree; or

a. An offense as set forth in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in N.J.S.2C:24-4 and 2C:24-7, or as set forth in R.S.9:6-1 et seq., or as set forth in N.J.S.2C:29-2; or

b. An offense involving the manufacture, transportation, sale, possession, distribution or habitual use of a "controlled dangerous substance" as defined in the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al. or "drug paraphernalia" as defined pursuant to N.J.S.2C:36-1 et seq.; or

c. (1) A crime involving the use of force or the threat of force to or upon a person or property including, but not limited to, robbery, aggravated assault, stalking, kidnapping, arson, manslaughter and murder; or

(2) A crime as set forth in chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as listed below:

Recklessly endangering another person N.J.S.2C:12-2

Terroristic threats N.J.S.2C:12-3

Criminal restraint N.J.S.2C:13-2

Luring, enticing child into motor vehicle,

structure or isolated area P.L.1993, c.291

Causing or risking widespread injury

or damage N.J.S.2C:17-2

Criminal mischief N.J.S.2C:17-3

Burglary N.J.S.2C:18-2

Usury N.J.S.2C:21-19

Threats and other improper influence N.J.S.2C:27-3

Perjury and false swearing N.J.S.2C:28-3

Resisting arrest N.J.S.2C:29-2

Escape N.J.S.2C:29-5;

(3) Conspiracy to commit or an attempt to commit any of the crimes described in this act.

d. For the purposes of this section, a conviction exists if the individual has at any time been convicted under the laws of this State or under any similar statutes of the United States or any other state for a substantially equivalent crime or other offense.

e. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this act on the basis of any conviction disclosed by a criminal record check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record.

f. When charges are pending for a crime or any other offense enumerated in this section, the employing board of education shall be notified that the candidate shall not be eligible for employment until the commissioner has made a determination regarding qualification or disqualification upon adjudication of the pending charges.

g. This section shall first apply to criminal history record checks conducted on or after the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.); except that in the case of an individual employed by a board of education or a contracted service provider who is required to undergo a check upon employment with another board of education or contracted service provider, the individual shall be disqualified only for the following offenses:

(1) any offense enumerated in this section prior to the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.); and

(2) any offense enumerated in this section which had not been enumerated in this section prior to the effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.), if the person was convicted of that offense on or after the effective date of that act.

An individual, except as provided in subsection g. of this section, shall be temporarily suspended from employment or service under this section if the Commissioner of Education receives data in accordance with section 13 of P.L.1998, c.31 (C.18A:6-7.2a) on charges pending against an employee who has previously undergone a criminal history record check until the charge has been adjudicated. If the employee is deemed guilty of one of the crimes or offenses enumerated in this section, the employee shall be terminated from employment.

(cf: P.L.2002, c.119, s.3)

4. (New section) The results of any criminal history background check conducted for a school bus driver or a school bus aide pursuant to section 1 of P.L.1989, c.229 (C.18A:6-4.13) or section 1 of P.L. 1986, c.116 (C.18A:6-7.1) shall be forwarded to the county superintendent of the county in which the school bus driver or school bus aide would be employed.

5. This act will take effect on the first day of the third month after enactment.

STATEMENT

This bill would clarify that any school bus aide in the public school system is required to have a background check. Further, the bill would clarify that a nonpublic school is authorized to require all final candidates for employment as a school bus aide to have a background check prior to employment.

Currently, statutory law explicitly states that teachers, substitute teachers, teacher aides, child study team members, school physicians, school nurses, custodians, school maintenance workers, cafeteria workers, school law enforcement officers, school bus drivers, school secretaries and clerical workers must have a background check as a condition of employment. School bus aides are required to have a background check under statutory language which requires a background check for any position which involves regular contact with pupils. However, because school bus aides are not specifically named, there has been some confusion as to whether they are required to undergo a background check as a condition of employment. This bill would clarify that they are, in fact, required to undergo a check.

Further, the bill would require that the results of the criminal history background check be sent to the county superintendent of the county in which a bus driver or school bus aide would be employed.

Currently, the Department of Education receives notice for any offense committed by an employee who was fingerprinted after February, 2003. This bill would require that an employee who commits a disqualifying offense be suspended until the offense is adjudicated. If the employee is convicted of the disqualifying offense, he would no longer be eligible for continued employment.

This bill is in response to an incident in Monmouth County where a school bus aide sold drugs to a student. It is the sponsor's belief that clarifying the background requirements would ensure that all school bus aides are subject to the necessary background checks.