New Jersey-2024-A4522-Introduced

An Act concerning criminal history record checks in the public schools, amending P.L.1998, c.31, amending and supplementing P.L.1986, c.116, and supplementing chapter 41 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.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 for pay or contract for the paid services of: any teaching staff member or substitute teacher, teacher 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; or a general contractor, subcontractor, or any other worker conducting public works activities, including the employees of third-party contractors, who may conduct short-term or long-term work on school property when school is in session, unless the employer has first determined, consistent with the requirements and standards of [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.), 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). 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 may require criminal history record checks for individuals who, on an unpaid voluntary basis, provide services that involve regular contact with pupils. In the case of school districts involved in a sending-receiving relationship, the decision to require criminal history record checks for volunteers shall be made jointly by the boards of education of the sending and receiving districts.

An individual, except as provided in subsection g. of this section, shall be permanently disqualified from employment or service under [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.), 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 (C.2C:13-6)

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

Bias intimidation N.J.S.2C:16-1;

(3) Any crime of the fourth degree involving a victim who is a minor; or

(4) Conspiracy to commit or an attempt to commit any of the crimes described in [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.).

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] P.L.1986, c.116 (C.18A:6-7.1 et seq.), on the basis of any conviction disclosed by a criminal record check performed pursuant to [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.), 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.

(cf: P.L.2011, c.72, s.9)

2. Section 13 of P.L.1998, c.31 (C.18A:6-7.2a) is amended to read as follows:

13. The Commissioner of Education is authorized to:

a. receive all criminal history data necessary to complete the criminal history records check as required pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.) [and], section 6 of P.L.1989, c.104 (C.18A:39-19.1), and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), or as permitted pursuant to P.L.1989, c.229 (C.18A:6-4.13 et seq.);

b. receive all data in accordance with section 3 of P.L.1986, c.116 (C.18A:6-7.3), section 6 of P.L.1989, c.104 (C.18A:39-19.1) [and], section 3 of P.L.1989, c. 229 (C.18A:6-4.15), and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) on charges pending against an employee or school bus driver who has previously undergone a criminal history records check; and

c. adjust the fees set by the Department of Education for the criminal history records checks.

(cf: P.L.2002, c.119, s.5)

3. Section 5 of P.L.1986, c.116 (C.18A:6-7.5) is amended to read as follows:

Any employer who fails to comply with the provisions of [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.) or P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to a fine of not more than [$500.00] $1,000 for the first offense and $5,000 for the second and each subsequent offense, except that in the case of a third-party contractor who commits a third offense, the contractor shall be ineligible to, and shall not, bid on, submit a proposal for, or enter into or renew, a contract with a State agency for goods and services, for a period of three years from the date of the determination that the third-party contractor violated the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.).

(cf: P.L.1986, c.116, s.5)

4. (New section) a. The New Jersey Schools Development Authority established pursuant to section 3 of P.L.2007, c.137 (C.52:18A-237) shall not pay or contract for the services of a general contractor, subcontractor, or worker conducting public works activities, including the employees of third-party contractors, who may conduct short-term or long-term work on school property when school is in session, unless the employee demonstrates 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.). No criminal history record check shall be conducted without the individual's written consent to the check. The applicant for the criminal history record check shall bear the cost of the check, including all costs for administering and processing the check.

b. The Commissioner of Education 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. Upon receipt of the criminal history record information, the commissioner shall inform the applicant of [his] the determination in writing. The commissioner shall also provide written notification to the development authority. An applicant shall be permanently disqualified for employment under a school facilities construction project contract with the development authority if the individual's criminal history record check reveals a record of conviction for any crime or offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1).

5. (New section) A third-party contractor who conducts short-term or long-term work on school property when school is in session shall submit to the school or the New Jersey Schools Development Authority, as applicable, a list of individuals who will be employed by the contractor for the construction or public works project and certify that each employee has undergone a criminal history record check required pursuant to Section 1 of P.L.1986, c.116 (C.18A:6-7.1).

6. (New section) a. Each school district shall review and update its visitor policy developed pursuant to the district's school safety and security plan to provide for the registration of a general contractor, subcontractor, or any other worker conducting public works activities, including the employees of third-party contractors, who conduct short-term and long-term work on school property upon entrance to the school building.

b. The Commissioner of Education and the Domestic Security Preparedness Task Force shall revise the "School Safety and Security Manual: Best Practices Guidelines" to include guidance to assist school districts in reviewing and updating the district's visitor policy pursuant to subsection a. of this section.

7. The State Board of Education shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of sections 4 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

8. This act shall take effect on the first day of the fourth month next following the date of enactment.

STATEMENT

This bill clarifies the criminal history record check requirements for workers conducting construction or public works activities in school buildings and requires each school district to update the district's visitor policy.

The bill prohibits the New Jersey Schools Development Authority and a facility, center, school, or school system under the supervision of the Department of Education from employing or contracting with a general contractor, subcontractor, or worker conducting public works activities, including the employees of third-party contractors, who may conduct short-term or long-term work on school property when school is in session, unless all employees who will have access to school buildings demonstrate that 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. The provisions of the bill provide that the Commissioner of Education is to apply the same requirements, procedures, and standards, and proceed in the same manner as the commissioner determines eligibility for public school employment under current law.

Pursuant to the provisions of the bill, a third-party contractor who conducts short-term or long-term work on school property when school is in session is required to submit to the school or the Schools Development Authority, as applicable, a list of individuals who will be employed by the contractor for the construction or public works project and certify that each employee has undergone a criminal history record check.

Under current law, any employer who fails to comply with the provisions of current law concerning criminal history record checks in public school employment is to be subject to a fine of not more than $500. The bill increases this fine to $1,000 for a first offense and $5,000 for a second and each subsequent offense. The bill also stipulates that in the case of a third-party contractor who commits a third offense, the contractor is to be ineligible to, and cannot, bid on, submit a proposal for, or enter into or renew, a contract with a State agency for goods and services, for a period of three years from the date of the determination that the third-party contractor violated the provisions of the current law or the provisions enumerated in the bill.

Under current State Board of Education regulations and the "School Safety and Security Manual: Best Practices Guidelines" issued by the Department of Education, a school district is required to establish a visitor policy. The provisions of the bill require each school district to review and update its visitor policy to provide for the registration of a general contractor, subcontractor, or any other worker conducting public works activities, including the employees of third-party contractors, who conduct short-term and long-term work on school property upon entrance to the school building. Finally, the bill requires the commissioner and the Domestic Security Preparedness Task Force revise the "School Safety and Security Manual: Best Practices Guidelines" to include guidance to assist school districts in reviewing and updating the district's visitor policy in accordance with the provisions of the bill.