Bill Text: NJ A5161 | 2026-2027 | Regular Session | Introduced
Bill Title: Revises certain portions of law related to criminal history record check for school employees.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-06-01 - Introduced, Referred to Assembly Education Committee [A5161 Detail]
Download: New_Jersey-2026-A5161-Introduced.html
Sponsored by:
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
SYNOPSIS
Revises certain portions of law related to criminal history record check for school employees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal history record checks of school employees and amending and supplementing P.L.1986, c.116.
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 non-incidental regular, recurring, or unsupervised contact with pupils or serving in a position which requires presence on school property at times when pupils are or may reasonably be present, 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;
or
(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 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] P.L.1986, c.116 (C.18A:6-7.1 et seq.). 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. 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. The employing board of education or contractor shall, no later than 30 days following the notification by the commissioner that an employee is not eligible for continued employment, provide information to the commissioner concerning actions taken in response to the notification, including the status of the employee's final disposition of employment. If the information provided by an employing board of education or contractor does not confirm the ineligible employee's final disposition of employment or if no information is provided to the commissioner within 30 days, the commissioner is authorized to take such action as the commissioner deems necessary to track the status of the employee's final disposition of employment, including requiring the employing board or contractor to periodically provide written explanations concerning the reasons for why an employee's final disposition of employment has not yet occurred.
(cf: P.L.2002, c.119, s.6)
3. Section 5 of P.L.1986, c.116 (C.18A:6-7.5) is amended to read as follows:
5. a. Any employer who fails to comply with the provisions of [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.) shall be subject to a fine of not more than [$500.00] $5,000 for the first offense and $10,000 for the second and each subsequent offense.
b. In addition to the fines established pursuant to subsection a. of this section, the Commissioner of Education is authorized to take other appropriate action against a board of education that is consistently found to continue employing individuals who are disqualified from employment pursuant to the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.), including, but not limited to:
(1) appointing a State monitor to review the employing board of education's hiring activities and implement corrective action plans to address noncompliance with the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.);
(2) referring to the State Board of Examiners school leaders employed by the board of education who do not take appropriate actions with respect to the hiring or employment of individuals who are disqualified from employment pursuant to the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.); or
(3) the removal of board members of the board of education.
(cf: P.L.1986, c.116, s.5)
4. (New section) The Commissioner of Education shall identify and disclose on the Internet website of the Department of Education, and annually share at a public meeting of the State Board of Education, boards of education that are consistently found to not be in compliance with the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.), including descriptions of the nature of each boards' violations.
5. This act shall take effect immediately.
STATEMENT
This bill modifies certain provisions of law related to criminal history record checks for school employees.
Pursuant to current law, educational facilities under the supervision of the Department of Education are prohibited from employing or contracting for the services of individuals unless the employer has first determined no criminal history record information exists on file that would disqualify that individual from being employed. This prohibition applies to a variety of specified school employees as well as individuals in positions that involve regular contact with pupils. This bill would modify current law to subject to the criminal history record check requirements individuals serving in positions that involve non-incidental regular, recurring, or unsupervised contact with pupils or that require presence on school property at times when pupils are or may reasonably be present.
Current law also provides that, when the Commissioner of Education is notified that a current employee is charged with an offense that disqualifies the employee from school employment, the commissioner is to notify the employing board of education or contractor of the pending charges. If the pending charges result in conviction, the employee is no longer eligible for continued employment. This bill requires an employing board or contractor to, no later than 30 days following the notification by the commissioner that an employee is not eligible for continued employment, provide information to the commissioner concerning actions taken in response to the notification, including the status of the employee's final disposition of employment. If information is not provided to the commissioner confirming the employee's termination, the bill authorizes the commissioner to take action necessary to track the status of the employee's final disposition of employment, including requiring the employing board or contractor to periodically provide written explanations concerning the reasons for why an employee's final disposition of employment has not yet occurred.
Under current law, any employer who fails to comply with the provisions of law concerning criminal history record checks in school employment is subject to a fine of not more than $500. This bill increases the fine to $5,000 for the first offense and $10,000 for the second and each subsequent offense. The bill additionally authorizes the commissioner to take various other actions against employing boards that are consistently found to continue employing individuals who are disqualified from employment, including: appointing a State monitor to review the board's hiring activities and implement corrective action plans to address noncompliance; referring to the State Board of Examiners school leaders employed by the board of education who do not take appropriate actions with respect to the hiring or employment of individuals who are disqualified from employment; or the removal of board members of the board of education.
Finally, the bill requires the Commissioner of Education to identify and disclose on the Department of Education's website, and annually share at a public meeting of the State Board of Education, boards of education that are consistently found to not be in compliance with current law requirements on criminal history record checks for school employees.
