Bill Text: NJ S850 | 2016-2017 | Regular Session | Introduced
Bill Title: Revises criminal history record check procedures for school personnel to provide for communication of post-employment federal criminal record information received through participation in federal rap back program to Commissioner of Education.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Education Committee [S850 Detail]
Download: New_Jersey-2016-S850-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Revises criminal history record check procedures for school personnel to provide for communication of post-employment federal criminal record information received through participation in federal rap back program to Commissioner of Education.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning criminal history record checks for school personnel and amending P.L.1989, c.229, P.L.1986, c.116, and P.L.1989, c.104.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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, including any information the bureau receives from the Federal Bureau of Investigation as a result of State participation in the federal rap back program. 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.
(cf: P.L.2002, c.119, s.2)
2. Section 3 of P.L.1986, c.116 (C.18A:6-7.3) is amended to read as follows:
3. Upon receipt of the
criminal history record information for an applicant from the Federal Bureau of
Investigation and the Division of State Police, the Commissioner of Education
shall notify the applicant, in writing, of the applicant's qualification or
disqualification for employment or service under this act. If the applicant is
disqualified, the convictions which constitute the basis for the
disqualification shall be identified in the written notice to the applicant.
The applicant shall have 14 days from the date of the written notice of
disqualification to challenge the accuracy of the
criminal history record information. If no challenge is filed or if the
determination of the accuracy of the criminal history record information
upholds the disqualification, the commissioner shall notify the employing board
of education that the applicant has been disqualified from employment, and a
copy of the written notice of disqualification for applicants who hold a
certificate issued by the State Board of Examiners shall be forwarded to that
board.
The commissioner is authorized to share all criminal history record information regarding teaching staff members with the State Board of Examiners. In addition, the commissioner is authorized to share criminal history record information of an applicant from the Federal Bureau of Investigation or the State Bureau of Identification with the appropriate court in order to obtain copies of the judgment of conviction and such other documents as the commissioner deems necessary to confirm the completeness and accuracy of the record.
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, including any information the bureau receives from the Federal Bureau of Investigation as a result of State participation in the federal rap back program. 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 employing board of education or contractor, and the board or contractor shall take appropriate action. If the pending charge results in conviction, the employee shall not be eligible for continued employment.
(cf: P.L.2002, c.119, s.6)
3. Section 6 of P.L.1989, c.104 (C.18A:39-19.1) is amended to read as follows:
6. a. Prior to employment as a school bus driver, and upon application for renewal of a school bus driver's license, a bus driver shall submit to the Commissioner of Education his or her name, address and fingerprints in accordance with procedures established by the commissioner. No criminal history record check or check for alcohol and drug-related motor vehicle violations shall be furnished without his or her written consent to such a check. The applicant shall bear the cost for the checks, including all costs for administering and processing the checks.
Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police, and information on the check for alcohol and drug-related motor vehicle violations from the [Division of] Motor Vehicle [Services] Commission, the Commissioner of Education shall notify the applicant, in writing, of the applicant's qualification or disqualification as a school bus driver. If the applicant is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice to the applicant. A school bus driver, except as provided in subsection e. of this section, shall be permanently disqualified from employment or service if the individual's criminal history record reveals a record of conviction for which public school employment candidates are disqualified pursuant to section 1 of P.L.1986, c.116 (C.18A:6-7.1) or if the driver has been convicted at least two times within the last 10 years for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), or section 16 of P.L.1990, c.103 (C.39:3-10.24); or once for a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13) or section 16 of P.L.1990, c.103 (C.39:3-10.24) while transporting school children.
Following qualification for employment as a school bus driver 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 the school bus driver, including any information the bureau receives from the Federal Bureau of Investigation as a result of State participation in the federal rap back program. 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 employing board of education or contractor, and the board or contractor shall take appropriate action. If the pending charge results in conviction, the school bus driver shall not be eligible for continued employment.
A school bus driver shall not be eligible to operate a school bus if the individual's bus driver's license is currently revoked or suspended by the [Division of] Motor Vehicle [Services] Commission in accordance with R.S.39:3-10.1.
Following qualification for employment as a school bus driver, the [Division of] Motor Vehicle [Services] Commission shall immediately forward to the Commissioner of Education any information which the division receives on a conviction for an alcohol or drug-related motor vehicle violation that would disqualify the driver from employment pursuant to the provisions of this subsection. The commissioner shall notify the employing board of education or contractor that the driver is no longer eligible for employment.
b. 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 history record check or a check for alcohol and drug-related motor vehicle violations performed pursuant to this section without an opportunity to challenge the accuracy of the disqualifying records.
c. When charges are pending for a crime or any other offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the employing board of education or contractor 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.
d. The applicant shall have 30 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information or the record of convictions for an alcohol or drug-related motor vehicle violation. If no challenge is filed or if the determination of the accuracy of the criminal history record information or the record of convictions for an alcohol or drug-related motor vehicle violation upholds the disqualification, notification of the applicant's disqualification for employment shall be forwarded to the [Division of] Motor Vehicle [Services] Commission. The local board of education or the school bus contractor and the Executive County Superintendent of Schools shall also be notified of the disqualification. Notwithstanding the provisions of any law to the contrary, the [Director of the Division of Motor Vehicle Services] Chief Administrator of the New Jersey Motor Vehicle Commission shall, upon notice of disqualification from the Commissioner of Education, immediately revoke the applicant's special license issued pursuant to R.S.39:3-10.1 without necessity of a further hearing. Candidates' records shall be maintained in accordance with the provisions of section 4 of P.L.1986, c.116 (C.18A:6-7.4).
e. 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 a school bus driver employed by a board of education or a contracted service provider who is required to undergo a check upon application for renewal of a school bus driver's license, 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.
f. (1) Notwithstanding any provision of this section to the contrary, the check for alcohol and drug-related motor vehicle violations shall be conducted in accordance with the provisions of this section prior to initial employment as a school bus driver and upon application for renewal of a school bus driver's license until such time as the provisions of the "Motor Carrier Safety Improvement Act of 1999," Pub. L. 106-159, are effective and implemented by the State.
(2) Notwithstanding any provision of this section to the contrary, upon the implementation by the State of the "Motor Carrier Safety Improvement Act of 1999," Pub. L. 106-159, a check for alcohol and drug-related motor vehicle violations shall be conducted in accordance with the provisions of this section prior to initial employment as a school bus driver. A check for alcohol and drug-related motor vehicle violations conducted for any subsequent renewal of a school bus driver's license shall be subject to the provisions of the "Motor Carrier Safety Improvement Act of 1999," Pub. L.106-159.
(3) Upon the implementation by the State of the "Motor Carrier Safety Improvement Act of 1999," Pub. L.106-159, following qualification for employment as a school bus driver, the [Division of] Motor Vehicle [Services] Commission shall immediately notify the Commissioner of Education of the suspension or revocation of a school bus driver's commercial driver's license. The commissioner shall notify the employing board of education or contractor of the suspension or revocation, and the employment of the school bus driver shall be immediately terminated. In the case of a school bus driver whose commercial driver's license has been suspended, the driver may apply for re-employment at the end of the period of suspension.
(cf: P.L.2003, c.66, s.4)
4. The Commissioner of Education shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C:52:14B-1 et seq.), and within 60 days following the date of enactment of this act, rules and regulations as the commissioner deems necessary for participation in the federal rap back program.
5. This act shall take effect on the 90th day after the date of enactment.
STATEMENT
This bill authorizes the Commissioner of Education to receive any information on pending charges or criminal convictions against school personnel received by the State Bureau of Identification from the Federal Bureau of Investigation as a result of State participation in the federal "Next Generation Identification (NGI) Rap Back Service" program. It is the sponsor's intent to take steps that will enable immediate participation in this federal rap back program, which is slated to be implemented in August of 2014.
Under current law, both federal and State pre-employment criminal record background checks are performed. However, post-employment, there is only reporting of pending charges and convictions that occur within the State, creating a risk that federal or out-of-State crimes will go undetected, enabling school personnel who are convicted of federal crimes or crimes outside of New Jersey to remain in the classroom.
New Jersey is able to perform post-employment criminal history record checks through electronic retention of a candidate's fingerprint image. Using the electronic fingerprint data, the State Bureau of Identification is able to detect a pending charge or criminal conviction against school personnel and immediately notify the Commissioner of Education.
There is no federal program that provides for federal retention of electronic fingerprint data. Therefore, there is no system in place for post-employment reporting of federal or out-of-State criminal charges against school personnel by the Federal Bureau of Investigation. While there is a duty for school personnel to self-report any arrest or indictment, there is no method or program that currently provides for post-employment notification of federal or out-of-State criminal charges filed against school personnel in the State.
The federal rap back program would provide for electronic retention of fingerprint data, through which it will provide notification to the State Bureau of Identification of federal or out-of-State, post-employment criminal activity.
The bill provides authorization for the Commissioner of Education to receive information through participation in the federal rap back program related to criminal history record checks conducted on nonpublic school employees, public school employees, and school bus drivers.
The bill also directs the Commissioner of Education to adopt rules and regulations to enable participation in the federal rap back program.
