Bill Text: NJ S2018 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides that criminal history record checks for employees of nonpublic schools are mandatory.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-05 - Introduced in the Senate, Referred to Senate Education Committee [S2018 Detail]
Download: New_Jersey-2020-S2018-Introduced.html
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Provides that criminal history record checks for employees of nonpublic schools are mandatory.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the safety of children and amending P.L.1989, c.229.
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] A nonpublic school [may] shall require as a condition of employment 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 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 on a charge pending against an employee of the nonpublic school [which requires a criminal history record check as a condition of employment]. 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)
3. Section 5 of P.L.1989, c.229 (C.18A:6-4.17) is amended to read as follows:
5. An individual employed in any substitute capacity or position by a nonpublic school [which requires a criminal history record check, and] who is rehired annually by that school [,] shall only be required to undergo a criminal history record check as authorized pursuant to this act upon initial employment.
(cf: P.L.1989, c.229, s.5)
4. This act shall take effect immediately and shall first apply to persons who are final candidates for employment by a nonpublic school or service under contract with the school on and after the effective date of this act.
STATEMENT
This bill makes it mandatory that a final candidate for employment in a nonpublic school or for service under contract with the school, who will have regular contact with students, undergo a criminal history record check. Under current law, a nonpublic school has the discretion to require such employees to have the check. The applicant will continue to bear the cost of the check, which is now the practice. The requirement for the criminal history record check would first apply to persons who are final candidates for employment on and after the bill's effective date.
