A5333

An Act concerning criminal history record checks for certain applicants for employment with the Department of Education, amending P.L.1998, c.31, and supplementing P.L.1986, c.116 (C.18A:6-7.1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. The Department of Education shall not employ any person to serve in a position which involves entering school facilities as part of the position’s job responsibilities, unless the department has first determined 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.).

b. The applicant for employment shall submit to the Commissioner of Education his or her name, address, and fingerprints taken in accordance with procedures established by the commissioner. The commissioner is authorized to exchange fingerprint data with, and receive criminal history record information from, the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this section. No criminal history record check shall be conducted without the applicant’s written consent to the check. The applicant shall bear the cost for the check, including all costs for administering and processing the check.

c. 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 Department of Education shall not employ the applicant to serve in a position covered by this section if the applicant’s criminal history record check 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).

d. Following qualification for employment with the Department of Education 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 department who was required to undergo a criminal history record check as a condition of employment. If the pending charge results in conviction for any crime or offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the employee shall not be eligible for continued employment in a position covered by this section.

e. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment under this section on the basis of any conviction disclosed by a criminal history record check performed pursuant to this section without an opportunity to challenge the accuracy of the disqualifying criminal history record.

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 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 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. This act shall take effect immediately.

STATEMENT

This bill requires a candidate for employment with the New Jersey Department of Education for a position which involves entering school facilities as part of the position’s job responsibilities, to undergo a criminal history record check. The applicant will provide written consent to the check and will pay for the cost of the check. Under the bill, the Commissioner of Education will apply the same requirements, procedures, and standards and will proceed in the same manner as established under the criminal history record check law for public school employees in determining whether an individual would be disqualified from employment. The department will not be permitted to employ the applicant in a position that involves entering school facilities if the applicant’s criminal history record check reveals a record of conviction for any disqualifying crime or offense enumerated in the criminal history record check law for public school employees.

In addition, the bill provides that, following qualification for employment with the department, the State Bureau of Identification will forward to the commissioner any information received on a charge pending against an employee of the department who was required to undergo a criminal history record check as a condition of employment. If the charge results in a conviction for one of the disqualifying crimes or offenses enumerated in the criminal history record check law for public school employees, the employee will be ineligible for continued employment with the department in a position that involves entering school facilities.

This bill would implement a recommendation contained in the State Auditor’s report on the audit of the Department of Education, Administration, for the period of July 1, 2014 to July 31, 2016.