Bill Text: NJ S1835 | 2010-2011 | Regular Session | Introduced
Bill Title: Expands type of school bus driver required to undergo DOE criminal record check process and requires matching of data files to ensure school bus drivers remain qualified pursuant to records maintained by DOE and MVC.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2010-10-07 - Received in the Assembly, Referred to Assembly Education Committee [S1835 Detail]
Download: New_Jersey-2010-S1835-Introduced.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Morris and Somerset)
SYNOPSIS
Expands type of school bus driver required to undergo DOE criminal record check process and requires matching of data files to ensure school bus drivers remain qualified pursuant to records maintained by DOE and MVC.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal history record checks, revising various parts of the statutory law, and supplementing P.L.1989, c.104 (C.18A:39-19.1).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1989, c.229 (C.18A:6-4.13) is amended to read as follows:
1. Any nonpublic school may require all final candidates for employment or service under contract with the school as a teacher, substitute teacher, teacher aide, a school physician, school nurse, custodian, maintenance worker, [bus driver,] security guard, secretary or clerical worker or for any other position which involves regular contact with pupils, to demonstrate that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from employment in the public schools of this State pursuant to the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.). Application of this requirement by a nonpublic school shall be consistent and nondiscriminatory among candidates.
As used in this act, "nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education in grades K-12 or any combination thereof, wherein a child may legally fulfill compulsory school attendance requirements.
(cf: P.L.1998, c.31, s.1)
2. Section 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. 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, nonpublic school, department, or contractor, and the board, nonpublic school, department, 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] commission 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, nonpublic school, department, 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, nonpublic school, department, 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, the nonpublic school, the department, or the school bus contractor, and the Executive County Superintendent of Schools in the case of a school bus driver employed by a school district or a contractor holding a contract with a district, shall also be notified of the disqualification. Notwithstanding the provisions of any law to the contrary, the [Director] Chief Administrator of the [Division of] Motor Vehicle [Services] 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] A school bus driver employed on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be disqualified from employment only for the following crimes and offenses:
(1) any offense enumerated in [this] section 1 of P.L.1986, c.116 (C.18A:6-7.1) 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] 1 of P.L.1986, c.116 (C.18A:6-7.1), if that offense was a disqualifying offense at the time the person committed that offense.
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, the nonpublic school, the department, 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.
g. This section shall apply to a school bus driver who is employed by a school district, a nonpublic school, the Department of Human Services, the Department of Children and Families, the Department of Law and Public Safety, or a school bus contractor holding a contract with one of these entities.
h. Notwithstanding any provision of any law or regulation to the contrary, a criminal history record check of a school bus driver shall be conducted in accordance with the provisions of this section.
(cf: P.L.2003, c.66, s.4)
3. N.J.S.18A:39-20 is amended to read as follows:
18A:39-20. [No] A board of education, a nonpublic school, the Department of Human Services, the Department of Children and Families, the Department of Law and Public Safety, or a school bus contractor holding a contract with one of these entities shall not knowingly approve or knowingly assign an individual, as a driver or substitute driver of a school bus, without first complying with the provisions of this chapter, and any person violating, or failing to comply with such provisions shall be subject to a fine of not more than $5,000 for each driver unlawfully approved or assigned.
(cf: P.L.2003, c.66, s.5)
4. (New section) The Department of Education and the New Jersey Motor Vehicle Commission shall enter into an agreement to match, on a quarterly basis, the Motor Vehicle Commission's database concerning school bus drivers and the special licenses issued pursuant to R.S.39:3-10.1 with the Department of Education's database to determine if a school bus driver who has been disqualified from employment or service under the provisions of section 6 of P.L.1989, c.104 (C.18A:39-19.1) has had his special license revoked or if a school bus driver who has had his special license revoked or suspended continues to be employed as a school bus driver. If a match is identified and an individual who has been disqualified from employment or service under the provisions of section 6 of P.L.1989, c.104 (C.18A:39-19.1) has not had his special license revoked, the Commissioner of Education shall notify the Motor Vehicle Commission and it shall immediately revoke the individual's special license. If a match is identified and an individual who has had his special license revoked or suspended continues to be employed as a school bus driver, the Motor Vehicle Commission shall notify the Commissioner of Education and the individual's employment shall be terminated.
5. This act shall take effect one year after the date of enactment; except that the Commissioner of Education and the Motor Vehicle Commission may take such administrative and regulatory action in advance as shall be necessary to implement the provisions of this act.
STATEMENT
Currently, only school bus drivers who work for a school district or a bus contractor holding a contract with a district are required to undergo a criminal record check under the jurisdiction of the Department of Education. As amended, this bill would require other school bus drivers to undergo this same record check. The bill specifically includes school bus drivers who are employed by the Department of Human Services, the Department of Children and Families, the Department of Law and Public Safety, or a school bus contractor holding a contract with one of these entities. This bill also includes school bus drivers who are employed by nonpublic schools or bus contractors holding a contract with one of these schools. Under current law it is optional for a nonpublic school to require its employees to undergo the criminal record check.
The criminal record check conducted through the Department of Education includes input from not only the Division of State Police, but also from the Federal Bureau of Investigation. Using information from both entities provides a comprehensive review that transcends state lines and jurisdictions.
This bill also requires that the Motor Vehicle Commission and the Department of Education compare data files on a regular basis to ensure that any school bus driver disqualified by the department also has his special license revoked by the Motor Vehicle Commission. The special license, or "S" endorsement on the commercial driver's license, is one that is necessary to transport school age children. Comparing files will also assist in identifying school bus drivers who have had their special license revoked or suspended but who are still employed as school bus drivers. The Motor Vehicle Commission will notify the Department of Education of these cases and their employment will be terminated.
