Bill Text: NJ S3485 | 2024-2025 | Regular Session | Introduced
Bill Title: "Safer Students Act"; requires school districts, charter schools, nonpublic schools, contracted service providers, and institutions of higher education to review employment history of prospective employee for allegations of child abuse or sexual misconduct.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-06-24 - Introduced in the Senate, Referred to Senate Education Committee [S3485 Detail]
Download: New_Jersey-2024-S3485-Introduced.html
Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Passaic)
SYNOPSIS
"Safer Students Act"; requires school districts, charter schools, nonpublic schools, contracted service providers, and institutions of higher education to review employment history of prospective employee for allegations of child abuse or sexual misconduct.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school employees and employees of institutions of higher education, amending P.L.1998, c.1, amending and supplementing P.L.2018, c.5, 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. (New section) Sections 7 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill) and P.L.2018, c.5 (C.18A:6-7.6 et seq.) shall be known and may be cited as the "Safer Students Act."
2. Section 12 of P.L.1998, c.1 (C.2A:17-56.61) is amended to read as follows:
12. a. All employers and labor organizations doing business in the State shall report to the department, or its designee:
(1) the hiring of, or contracting with, any person who works in this State and to whom the employer anticipates paying earnings; and
(2) the re-hiring or return to work of any employee who is laid off, furloughed, separated, granted a leave without pay, or terminated from employment in this State; and
(3) any other employee hired by the employer to work in the State who was not previously employed by the employer; or was previously employed by the employer but has been separated from the prior employment for at least 60 consecutive days.
b. An employer shall submit the information required in this subsection within 20 days of the hiring, re-hiring, or return to work of the employee, except that an employer who transmits reports magnetically or electronically shall report every 15 days in accordance with rules adopted by the commissioner. The report shall contain:
(1) the employee's name, address, date of birth and Social Security number; and
(2) the employer's name, address, and federal tax identification number.
c. An employer who fails to report, as required in this section, shall be given a written warning by the department for the first violation and shall be subject to a civil penalty which shall not exceed: $25 per violation, or, if the failure to report is the result of a conspiracy between the employer and the employee to not supply the required report or to supply a false or incomplete report, $500.
Payment of the penalty may not be required, however, if in response to the imposition of the penalty, the person or entity complies immediately with the new hire reporting requirements. All penalties assessed under this section shall be payable to the State Treasurer and may be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
d. The information provided pursuant to this section shall be shared with State agencies operating employment security and workers' compensation programs, any school district, charter school, nonpublic school, or contracted service provider conducting an employment verification pursuant to section 2 of P.L.2018, c.5 (C.18A:6-7.7), any institution of higher education conducting an employment verification pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), and [with] any other federal or State agency deemed appropriate by the commissioner.
(cf: P.L.2013, c.169, s.1)
3. Section 2 of P.L.2018, c.5 (C.18A:6-7.7) is amended to read as follows:
2. A school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school shall not employ for pay or contract for the paid services of any person serving in a position which involves regular contact with students unless the school district, charter school, nonpublic school, or contracted service provider:
a. Requires the applicant to provide:
(1) A list, including name, address, telephone number and other relevant contact information of the applicant's:
(a) current employer;
(b) all former employers within the last 20 years that were schools; and
(c) all former employers within the last 20 years where the applicant was employed in a position that involved direct contact with children; and
(2) A written authorization that consents to and authorizes disclosure of the information requested [under] pursuant to subsection b. of this section and the release of related records by the applicant's employers listed [under] pursuant to paragraph (1) of this subsection, and that releases those employers from liability that may arise from the disclosure or release of records;
(3) A written statement as to whether the applicant:
(a) has been the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
(b) has ever been disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(c) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct;
and
b. Conducts a review of the employment history of the applicant by verifying the employment [contacting those employers] listed by the applicant [under] pursuant to the provisions of paragraph (1) of subsection a. of this section using the records obtained from the Department of Human Services pursuant to section 12 of P.L.1998, c.1 (C.2A:17-56.61) and contacting the applicant's prior employers and requesting the following information:
(1) [The dates of employment of the applicant; and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(2) A statement as to whether the applicant:
(a) was the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
(b) was disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(c) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.
The review of the employment history may be conducted through telephonic, electronic, or written communications. If the review is conducted by telephone, the results of the review shall be documented in writing by the prospective employer. The prospective employer shall maintain a record of the review of the employment history of the applicant, which may be subject to audit by the Office of the State Auditor pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2018, c.5, s.2)
4. Section 4 of P.L.2018, c.5 (C.18A:6-7.9) is amended to read as follows:
4. a. No later than 20 days after receiving a request for information [under] pursuant to subsection b. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7), an employer that has or had an employment relationship within the last 20 years with the applicant shall disclose the information requested , and maintain a record of the information disclosed, which may be subject to audit by the Office of the State Auditor pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The prospective employer, in conducting the review of the employment history of an out-of-State applicant, shall make, and document with specificity, diligent efforts to:
(1) verify the information provided by the applicant pursuant to subsection a. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7); and
(2) obtain from any out-of-State employers listed by the applicant the information requested pursuant to subsection b. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7).
c. The failure of an employer to provide the information requested pursuant to subsection b. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7) within the 20-day timeframe established [under] pursuant to subsection a. of this section may be grounds for the automatic disqualification of an applicant from employment with a school district, charter school, nonpublic school, or contracted service provider. A school district, charter school, nonpublic school, or contracted service provider shall not be liable for any claims brought by an applicant who is not offered employment or whose employment is terminated:
(1) because of any information received by the school district, charter school, nonpublic school, or contracted service provider from an employer pursuant to section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7); or
(2) due to the inability of the school district, charter school, nonpublic school, or contracted service provider to conduct a full review of the applicant's employment history pursuant to subsection b. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7).
d. Notwithstanding the provisions of any law to the contrary, a school district, charter school, nonpublic school, or contracted service provider shall have the right to immediately terminate an individual's employment or rescind an offer of employment if:
(1) the applicant is offered employment or commences employment with the school district, charter school, nonpublic school, or contracted service provider following the effective date of [this act] P.L.2018, c.5 (C.18A:6-7.6 et seq.); and
(2) information regarding the applicant's history of sexual misconduct or child abuse is subsequently discovered or obtained by the employer that the employer determines disqualifies the applicant or employee from employment with the school district, charter school, nonpublic school, or contracted service provider.
The termination of employment pursuant to this subsection shall not be subject to any grievance or appeals procedures or tenure proceedings pursuant to any collectively bargained or negotiated agreement or any law, rule, or regulation.
(cf: P.L.2018, c.5, s.4)
5. Section 5 of P.L.2018, c.5 (C.18A:6-7.10) is amended to read as follows:
5. a. After reviewing the information disclosed [under] pursuant to subsection b. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7) and finding an affirmative response to any of the inquiries in paragraph (2) of subsection b. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7), the prospective employer, prior to determining to continue with the applicant's job application process, shall make further inquiries of the applicant's current or former employer to ascertain additional details regarding the matter disclosed. The prospective employer shall maintain a record of these efforts, which may be subject to audit by the Office of the State Auditor pursuant to the section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A school district, charter school, nonpublic school, or contracted service provider may employ or contract with an applicant on a provisional basis for a period not to exceed 90 days pending review by the school district, charter school, nonpublic school, or contracted service provider of information received pursuant to section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7), provided that all of the following conditions are satisfied:
(1) the applicant has complied with subsection a. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7);
(2) the school district, charter school, nonpublic school, or contracted service provider has no knowledge or information pertaining to the applicant that the applicant is required to disclose pursuant to paragraph (3) of subsection a. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7); and
(3) the school district, charter school, nonpublic school, or contracted service provider determines that special or emergent circumstances exist that justify the temporary employment of the applicant.
(cf: P.L.2018, c.5, s.5)
6. Section 8 of P.L.2018, c.5 (C.18A:6-7.13) is amended to read as follows:
8. a. The Department of Education shall establish a public awareness campaign to publicize the provisions of [this act] P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill) and to ensure applicants and employers are aware of their respective rights and responsibilities under [this act] P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill). The department shall post on its website guidance documents and any other informational materials that may assist applicants and employers in the implementation of and compliance with [this act] P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The department shall develop forms for applicants and employers that [may] shall be used to comply with the requirements of subsections a. and b. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.6 et seq.), as well as any other forms necessary to carry out the provisions of [this act] P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2018, c.5, s.8)
7. (New section) a. The Office of the State Auditor may audit the records of a school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school to assess that entity's compliance with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.).
b. The State Auditor shall annually conduct a total of 30 randomly selected audits representing a cross-section of school districts, charter schools, nonpublic schools, and contracted service providers holding a contract with a district or school.
c. If the State Auditor becomes aware that a school district, charter school, nonpublic school, or contracted service provider holding a contract with a district or school is noncompliant with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), the State Auditor may immediately conduct an audit of the hiring practices of the school district, charter school, nonpublic school, or contracted service provider.
8. (New section) a. The superintendent or chief school administrator of each school district, charter school, and nonpublic school shall designate a compliance specialist, who shall ensure compliance of the district or school with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill). The compliance specialist shall:
(1) assist in the verification of employment information required pursuant to section 4 of P.L.2018, c.5 (C.18A:6-7.9);
(2) provide data to the Department of Education regarding child abuse and sexual misconduct; and
(3) advise school employees and the district's or school's board on the State's laws and regulations concerning the review of prospective employees for allegations of child abuse or sexual misconduct.
A contracted service provider shall identify, in its contract with the district or school, the employee responsible for ensuring compliance with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Each school district, charter school, and nonpublic school shall maintain on its Internet website the name and contact information of its compliance specialist.
c. The Department of Education shall compile and make available on its Internet website contact information for the compliance specialists of all school districts, charter schools, and nonpublic schools.
9. (New section) a. The Department of Education shall establish a procedure for the prompt investigation of an allegation of child abuse or sexual misconduct by a school employee. The procedure shall require:
(1) the board of education, board of trustees of a charter school, or chief school administrator of a nonpublic school to designate the compliance specialist and at least two other employees of the school district, charter school, or nonpublic school to be members of the investigation committee, which shall conduct investigations of child abuse or sexual misconduct by school employees using standardized forms developed by the department. The department shall establish criteria for the qualifications required for a school employee to be selected as a designated employee for purposes of this paragraph;
(2) the investigation to be initiated by the designated employees within one school day of receiving reliable information regarding an allegation of child abuse or sexual misconduct by a school employee. The investigation shall be completed as soon as possible, but not later than 10 school days from the date of the receipt of information regarding the allegation;
(3) the results of the investigation to be reported to the superintendent of schools, the lead person of a charter school, or the chief school administrator of a nonpublic school within two school days of the completion of the investigation;
(4) the superintendent of schools, the lead person of a charter school, or the chief school administrator of a nonpublic school to recommend appropriate action for an investigation that substantiates the allegation of child abuse or sexual misconduct by the school employee. The superintendent of schools, the lead person of a charter school, or the chief school administrator of a nonpublic school shall issue a written statement of reasons for the recommendation. A school district, charter school, and nonpublic school shall maintain a copy of the recommendation;
(5) the recommendation to be provided to the board of education or board of trustees of a charter school that shall make a final determination in writing on the appropriate action to be taken as a result of a substantiated allegation. The final written determination shall include reasons for any final determination that is contrary to the recommendations of the superintendent of schools or the lead person of a charter school. In the case of a nonpublic school, the recommendation of the chief school administrator shall be the final determination; and
(6) any other measures that the department deems appropriate.
b. A school district, charter school, and nonpublic school shall utilize the procedure established pursuant to subsection a. of this section for an investigation regarding an allegation of child abuse or sexual misconduct by a school employee.
c. A school district, charter school, and nonpublic school shall not enter into a contract with a contracted service provider unless the provider attests that the provider utilizes comparable investigation procedures as established pursuant to subsection a. of this section.
d. (1) The department shall provide training, free of charge, to employees designated as members of the investigation committee pursuant to paragraph (1) of subsection a. of this section. The department shall offer training sessions on the investigation procedure, and develop training modules in both traditional and online formats.
(2) A designated employee shall complete the training prior to conducting an investigation of an allegation of child abuse or sexual misconduct by a school employee, and annually thereafter.
e. The department shall establish guidelines to assist school districts, charter schools, and nonpublic schools in implementing the investigation procedure established pursuant to subsection a. of this section and for determining when to refer an allegation of child abuse or sexual misconduct to law enforcement.
f. Nothing in this section shall be construed to supersede the reporting requirements established pursuant to P.L.1971, c.437 (C.9:6-8.8 et. seq.) and any policies adopted for the early detection of missing and abused children required pursuant to section 2 of P.L.1984, c.228 (C.18A:36-25).
10. (New section) a. The Commissioner of Education shall establish a range of penalties to be imposed on a school district, charter school, nonpublic school, or contracted service provider, for noncompliance with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill) including, but not limited to, fines and, as applicable, the withholding of all or part of the State aid received pursuant to P.L.2007, c.260 (C.18A:7F-43 et al).
b. The commissioner shall establish a range of penalties to be imposed on the compliance specialist of a school district, charter school, or nonpublic school, or any other employee of a school district, charter school, nonpublic school, or contracted service provider, for noncompliance with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill) including, but not limited to, fines, modification or termination of employment, and suspension or revocation of the employee's license or certification.
c. The commissioner shall publish on its Internet website a list of all school districts, charter schools, nonpublic schools, and contracted service providers with one or more incidents of noncompliance with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.) and sections 7 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
11. (New section) As used in sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Child abuse" means any conduct that falls under the purview and reporting requirements of P.L.1971, c.437 (C.9:6-8.8 et seq.) and is directed toward or against a child or student, regardless of the age of the child or student.
"School" means any public or private school as defined in N.J.S.18A:1-1 and any substantially equivalent school under the laws of another state.
"Sexual misconduct" means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.
"Student" means any person enrolled in a school that includes grades kindergarten through 12, or any combination thereof, or any person enrolled in one or more courses or programs of an institution of higher education and includes students employed by the institution to assist with teaching, administrative, or research duties as a teaching assistant, graduate assistant, or similar position.
12. (New section) The governing body of an institution of higher education shall not employ for pay or contract for the paid services of any person serving in a position which involves regular contact with students unless the institution:
a. requires the applicant to provide:
(1) a list, including the name, address, telephone number and other relevant contact information of:
(a) the applicant's current employer;
(b) all former employers of the applicant within the last 20 years that were institutions of higher education or schools; and
(c) all former employers of the applicant within the last 20 years where the applicant was employed in a position that involved direct contact with children or students;
(2) a written authorization that consents to and authorizes disclosure of the information requested pursuant to subsection b. of this section and the release of related records by the applicant's employers listed pursuant to paragraph (1) of this subsection, and that releases those employers from liability that may arise from the disclosure or release of records; and
(3) a written statement as to whether the applicant:
(a) has been the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
(b) has ever been disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(c) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct;
and
b. conducts a review of the employment history of the applicant by verifying the employment listed by the applicant pursuant to the provisions of paragraph (1) of subsection a. of this section using the records obtained from the Department of Human Services pursuant to section 12 of P.L.1998, c.1 (C.2A:17-56.61) and contacting the applicant's prior employers and requesting a statement as to whether the applicant:
(1) was the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
(2) was disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(3) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.
The review of the employment history may be conducted through telephonic, electronic, or written communications. If the review is conducted by telephone, the results of the review shall be documented in writing by the prospective employer. The prospective employer shall maintain a record of the review of the employment history of the applicant, which shall be subject to audit by the Office of the State Auditor pursuant to section 19 of P.L. , c. (C. ) (pending before the Legislature as this bill).
13. (New section) a. An applicant who willfully provides false information or willfully fails to disclose information required pursuant to subsection a. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill):
(1) shall be subject to discipline up to, and including, termination or denial of employment;
(2) may be deemed in violation of subsection a. of N.J.S.2C:28-3; and
(3) may be subject to a civil penalty of not more than $500 which shall be collected in proceedings in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. An institution of higher education shall include a notification of the penalties set forth in this section on all applications for employment for positions which involve regular contact with students.
14. (New section) a. No later than 20 days after receiving a request for information pursuant to subsection b. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), an employer that has or had an employment relationship within the last 20 years with the applicant shall disclose the information requested , and maintain a record of the information disclosed, which may be subject to audit by the Office of the State Auditor pursuant to the section 19 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The prospective employer, in conducting the review of the employment history of an out-of-State applicant, shall make, and document with specificity, diligent efforts to:
(1) verify the information provided by the applicant pursuant to subsection a. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(2) obtain from any out-of-State employers listed by the applicant the information requested pursuant to subsection b. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The failure of an employer to provide the information requested pursuant to subsection b. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) within the 20-day timeframe established pursuant to subsection a. of this section may be grounds for the automatic disqualification of an applicant from employment with an institution of higher education.
An institution of higher education shall not be liable for any claims brought by an applicant who is not offered employment or whose employment is terminated:
(1) because of any information received by an institution from an employer pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill); or
(2) due to the inability of the institution to conduct a full review of the applicant's employment history pursuant to subsection b. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. Notwithstanding the provisions of any law to the contrary, the governing body of an institution of higher education shall have the right to immediately terminate an individual's employment or rescind an offer of employment if:
(1) the applicant is offered employment or commences employment with the institution following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(2) information regarding the applicant's history of sexual misconduct or child abuse is subsequently discovered or obtained by the employer that the employer determines disqualifies the applicant or employee from employment with the institution.
The termination of employment pursuant to this subsection shall not be subject to any grievance or appeals procedures or tenure proceedings pursuant to any collectively bargained or negotiated agreement or any law, rule, or regulation.
15. (New section) a. After reviewing the information disclosed pursuant to subsection b. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) and finding an affirmative response to any of the inquiries in paragraph (2) of subsection b. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), the prospective employer, prior to determining whether to continue with the applicant's job application process, shall make further inquiries of the applicant's current or former employer to ascertain additional details regarding the matter disclosed. The prospective employer shall maintain a record of these efforts, which may be subject to audit by the Office of the State Auditor pursuant to the section 19 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The governing body of an institution of higher education may employ or contract with an applicant on a provisional basis for a period not to exceed 90 days pending review by the institution of higher education of information received pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), provided that all of the following conditions are satisfied:
(1) the applicant has complied with subsection a. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) the institution has no knowledge or information pertaining to the applicant that the applicant is required to disclose pursuant to paragraph (3) of subsection a. of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) the institution determines that special or emergent circumstances exist that justify the temporary employment of the applicant.
16. (New section) a. Information received by an institution of higher education pursuant to sections 12, 14, 15, and 21 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records.
b. An employer that provides information or records about a current or former employee or applicant shall be immune from criminal and civil liability for the disclosure of the information, unless the information or records provided were knowingly false. The immunity shall be in addition to and not in limitation of any other immunity provided by law.
17. (New section) a. On or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the governing body of an institution of higher education may not enter into a collectively bargained or negotiated agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:
(1) has the effect of suppressing or destroying information relating to an investigation related to a report of suspected child abuse or sexual misconduct by a current or former employee;
(2) affects the ability of the institution to report suspected child abuse or sexual misconduct to the appropriate authorities; or
(3) requires the institution to expunge information about allegations or finding of suspected child abuse or sexual misconduct from any documents maintained by the institution, unless after investigation the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated.
b. Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and that is contrary to this section shall be void and unenforceable.
18. (New section) a. The Secretary of Higher Education shall establish a public awareness campaign to publicize the provisions of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill) and to ensure applicants and employers are aware of their respective rights and responsibilities pursuant to sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill). The Office of the Secretary of Higher Education shall post on its Internet website guidance documents and any other informational materials that may assist applicants and employers in the implementation of and compliance with sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The secretary shall develop forms for applicants and employers that shall be used to comply with the requirements of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill), as well as any other forms necessary to carry out the provisions of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill).
19. (New section) a. The Office of the State Auditor shall annually conduct three randomly selected audits of institutions of higher education to assess the institution's compliance with the provisions of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. If the State Auditor becomes aware that an institution of higher education is noncompliant with the provisions of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill), the State Auditor may immediately conduct an audit of the hiring practices of the institution.
20. (New section) a. Each institution of higher education shall designate a compliance specialist to oversee the institution's compliance with the provisions of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill). The compliance specialist shall:
(1) assist in the verification of employment information provided pursuant to section 12 of P.L.2018, c.5 (C.18A:6-7.9);
(2) provide data to the Secretary of Higher Education regarding child abuse and sexual misconduct on the campus of the institution; and
(3) advise institution employees and the governing board of the institution on the State's laws and regulations concerning the review of prospective employees for allegations of child abuse or sexual misconduct.
b. Each institution of higher education shall list on its Internet website the name and contact information of the compliance specialist designated pursuant to this section.
c. The Secretary of Higher Education shall compile and make available on its Internet website contact information for the compliance specialists designated pursuant to this section.
21. (New section) a. The Secretary of Higher Education shall establish a procedure for the prompt investigation of an allegation of child abuse or sexual misconduct by an employee of an institution of higher education. The procedure shall require:
(1) an institution of higher education to designate the compliance specialist designated pursuant to section 20 of P.L. , c. (C. ) (pending before the Legislature as this bill) and at least five other employees of the institution to be members of the investigation committee, which shall conduct investigations of child abuse or sexual misconduct by employees of an institution of higher education using standardized forms developed by the secretary. The secretary shall establish criteria for the qualifications required for an employee to be selected as a designated employee for purposes of this paragraph;
(2) the investigation to be initiated by the designated employees within one business day of receiving reliable information regarding an allegation of child abuse or sexual misconduct by an employee of the institution. The investigation shall be completed as soon as possible, but not later than 10 business days from the date of the receipt of information regarding the allegation;
(3) the results of the investigation to be reported to president of the institution within two business days of the completion of the investigation;
(4) the president of the institution to recommend appropriate action for an investigation that substantiates the allegation of child abuse or sexual misconduct by the employee of the institution. The president shall issue a written statement of reasons for the recommendation. An institution of higher education shall maintain a copy of the recommendation;
(5) the recommendation to be provided to the governing board of the institution that shall make a final determination in writing on the appropriate action to be taken as a result of a substantiated allegation. The final written determination shall include reasons for any final determination that is contrary to the recommendations of the president; and
(6) any other measures that the secretary deems appropriate.
b. An institution of higher education shall utilize the procedure established pursuant to subsection a. of this section for an investigation regarding an allegation of child abuse or sexual misconduct by an employee of the institution.
c. (1) The secretary shall provide training, free of charge, to employees designated as members of the investigation committee pursuant to paragraph (1) of subsection a. of this section. The secretary shall offer training sessions on the investigation procedure, and develop training modules in both traditional and online formats.
(2) A designated employee shall complete the training prior to conducting an investigation of an allegation of child abuse or sexual misconduct by an employee of the institution, and annually thereafter.
d. The secretary shall establish guidelines to assist institutions of higher education in implementing the investigation procedure established pursuant to subsection a. of this section and for determining when to refer an allegation of child abuse or sexual misconduct to law enforcement.
22. (New section) a. The Secretary of Higher Education shall establish a range of penalties to be imposed on an institution of higher education or persons employed at the institution, for noncompliance with the provisions of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill) including, but not limited to, fines and withholding or reduction of State appropriation for operations.
b. The secretary shall establish a range of penalties to be imposed on a designee or employee of the institution, for noncompliance with the provisions of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill) including, but not limited to, fines, modification or termination of employment, or other disciplinary action.
c. The secretary shall publish on its Internet website a list of all institutions of higher education with one or more incidents of noncompliance with the provisions of sections 12 through 22 of P.L. , c. (C. ) (pending before the Legislature as this bill).
23. This act shall take effect on the first day of the 7th month next following the date of enactment.
STATEMENT
This bill, entitled the "Safer Students Act," makes numerous changes to the current law that requires school districts, charter schools, nonpublic schools, and certain contracted service providers to review the employment history of a prospective employee for allegations of child abuse or sexual misconduct. Additionally, the bill establishes similar requirements for institutions of higher education.
Current law requires all employers in the State to report certain employee information of all hires to the Department of Human Services. This bill requires that the information be shared with any
school district, charter school, nonpublic school, contracted service provider, or institution of higher education conducting an employment verification pursuant to the bill's provisions. Under the bill, these hiring entities are required to verify the employment history listed by an applicant using the records available through the Department of Human Services.
The bill requires a school district, charter school, nonpublic school, or contracted service provider that contracts with a district or school to utilize the standardized employment history forms developed by the Department of Education. The bill also requires these entities to utilize any other standardized forms developed by the department required to carry out the provisions of the "Safer Students Act." Similarly, the bill requires the Secretary of Higher Education to develop forms for applicants and employers that are to be used to comply with the requirements of this bill, as well as any other forms necessary to carry out the provisions of this bill. The bill also requires these hiring entities to maintain their hiring records.
This bill provides that if an applicant applying for employment with a public or nonpublic school willfully provides false information or willfully fails to disclose information on an application the applicant is to be subject to discipline up to, and including, termination or denial of employment, as deemed appropriate by the department.
The bill prohibits the governing body of an institution of higher education from employing a person serving in a position which involves regular contact with students unless the institution conducts a review of the applicant's employment history by obtaining from former and current employers information regarding child abuse and sexual misconduct allegations. The applicant is required to list employers from the prior 20 years that were institutions of higher education, schools, or places where the employment involved direct contact with children. The institution is required to ask those employers for certain information related to any potential allegations made or disciplinary or licensure actions taken against the applicant.
The applicant is required to also provide a written statement disclosing any of the same matters.
The bill provides that the governing body of an institution of higher education may not enter into a collectively bargained or negotiated agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that impacts the ability to report or investigate suspected child abuse or sexual misconduct.
The bill provides that an applicant to an institution of higher education who gives false information or willfully fails to disclose required information will be subject to discipline, including termination or denial of employment. The applicant may also be subject to certain civil penalties.
Under the bill, the State Auditor may audit the hiring records of a school district, charter school, nonpublic school, contracted service provider holding a contract with a district or school, or institution of higher education to ensure compliance with the provisions of the "Safer Students Act." The State Auditor is directed to annually conduct a total of 30 randomly selected audits of school districts, charter schools, nonpublic schools, and contracted service providers and three randomly selected audits of institutions of higher education. Additionally, the State Auditor may immediately conduct an audit of the hiring practices of an entity that is reported to be not in compliance with the provisions of the "Safer Students Act."
This bill requires the Secretary of Higher Education to establish a public awareness campaign to publicize the provisions of the bill and to ensure applicants and employers are aware of their respective rights and responsibilities under the bill.
This bill requires the department and the secretary to establish a procedure for the prompt investigation of allegations of child abuse or sexual misconduct by a school employee and employees of an institution of higher education. The bill includes numerous requirements for this procedure and requires school districts, charter schools, nonpublic schools, and institutions of higher education to utilize the procedure established by the bill for any investigation regarding an allegation of child abuse or sexual misconduct by an employee. The bill further prohibits school districts, charter schools, and nonpublic schools from entering into contracts with contracted services providers unless the provider attests that it utilizes comparable investigation procedures.
Additionally, the bill requires the department and secretary to provide training, free of charge, to all designated employees. A designated employee is required to complete the training prior to conducting an investigation of an allegation of child abuse or sexual misconduct by an employee, and annually thereafter.
The department and secretary are also required to establish guidelines to assist school districts, charter schools, nonpublic schools, and institutions of higher education in implementing the investigation procedure and for determining when to refer an allegation of child abuse or sexual misconduct to law enforcement. The bill clarifies that this investigation procedure is not to be construed to supersede requirements under current law for the reporting of child abuse by school employees.
The bill directs the superintendent or chief school administrator of each school district, charter school, and nonpublic school to designate a compliance specialist, who shall ensure compliance of the district or school with the bill's provisions. A contracted service provider is to identify in its contract with a district or school the employee responsible for ensuring compliance with the provisions of the "Safer Students Act." The bill also requires designation of a compliance specialist by an institution of higher education for the same purpose.
The bill directs the Commissioner of Education to establish a range of penalties to be imposed on a school district, charter school, nonpublic school, or contracted service provider, for noncompliance with the "Safer Students Act" including fines and, as applicable, the withholding of all or part of the district's State aid.
In addition, the commissioner is to establish a range of penalties to be imposed on the compliance specialist of a school district, charter school, or nonpublic school, or any other employee of a school district, charter school, nonpublic school, or contracted service provider, for noncompliance with the "Safer Students Act" including fines, modification or termination of employment, and suspension or revocation of the employee's license or certification. Finally, the bill directs the commissioner to publish on its Internet website a list of all school districts, charter schools, nonpublic schools, and contracted service providers with one or more incidents of noncompliance with the "Safer Students Act".
Similarly, the bill directs the Secretary of Higher Education to establish a range of penalties to be imposed on an institution of higher education or persons employed at the institution, for noncompliance with the "Safer Students Act" including fines and withholding or reduction of State appropriation for operations. The secretary is to also establish a range of penalties to be imposed on a designee or employee of the institution, for noncompliance with the "Safer Students Act" including, but not limited to, fines, modification or termination of employment, or other disciplinary action. The secretary is to publish on its Internet website a list of all institutions of higher education with one or more incidents of noncompliance with the "Safer Students Act."
This bill implements certain recommendations of the New Jersey State Commission of Investigation's March 2024 report, "Safeguarding New Jersey Students from Sexual Predators and Child Abuse at School - Examining the State's 'Pass the Trash' Law."
The sponsor of this bill intends to strengthen the laws currently in place that require school districts, charter schools, nonpublic schools, and contracted service providers to review the employment history of prospective employees for allegations of child abuse or sexual misconduct. Additionally, the sponsor intends to extend the same protections from sexual predators offered to students enrolled in kindergarten through grade 12 by current law to college and graduate students, whose positions of vulnerability in the academic setting also can be exploited by predatory members of faculties, athletic departments, and administrations.
