STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman GREGORY E. MYHRE
District 9 (Ocean)
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
Co-Sponsored by:
Assemblymen Clifton, Rumpf, Scharfenberger, Assemblywoman Flynn, Assemblymen Azzariti Jr., Simonsen and Auth
SYNOPSIS
Requires governing board of public school to verify employment eligibility of teaching staff members and school employees.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning employment eligibility verification for public school employees and supplementing chapter 27 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“E-Verify program” means the electronic verification of work authorization program of the federal “Illegal Immigration Reform and Immigrant Responsibility Act of 1996,” Pub.L. 104-208 (8 U.S.C. s.1324a), jointly operated by the United States Department of Homeland Security and the Social Security Administration or is successor program.
“Governing body” means the board of education of a school district and the board of trustees of a charter school or renaissance school project.
“Public school” means a school, under college grade, that is operated by the governing body of a school district, charter school, or renaissance school project.
“School employee” means an employee of the governing body of a public school.
“Teaching staff member” means a member of the professional staff of any public school holding office, position, or employment of such character that the qualifications, for such office, position or employment, require the member to hold a valid and effective standard, provisional, or emergency certificate, appropriate to the member’s office, position or employment, issued by the State Board of Examiners. Teaching staff member includes a school nurse and a school athletic trainer.
2. Beginning with teaching staff members hired for the first full school year next following the date of enactment of this act, the governing body of a public school shall, upon hiring a teaching staff member or school employee, verify the employment eligibility of the teaching staff member through the E-Verify program.
3. Beginning with the first full school year next following the date of enactment of this act, the governing body of a public school shall annually verify the employment eligibility of all teaching staff members and school employees through the E-Verify program.
4. The Commissioner of Education shall provide information regarding the requirements of this act and the requirements of federal law governing the use of the E-Verify program to the governing body of each public school and shall make the information available on the Department of Education’s Internet website.
5. This act shall not be construed to prohibit the governing body of a public school from hiring a teaching staff member who holds a valid limited certificate for noncitizen teachers issued by the State Board of Examiners pursuant to N.J.S.18A:26-1 and N.J.S.18A:26-8.1.
6. This act shall take effect immediately.
STATEMENT
This bill requires the governing body of each public school to verify the employment eligibility of teaching staff members and school employees.
Under the bill, beginning with teaching staff members and school employees hired for the first full school year next following the date of enactment of the bill, the governing body of each public school is required to, upon hiring a teaching staff member or school employee, verify the employment eligibility of the teaching staff member or school employee through the E-Verify program. E-Verify is an electronic verification of work authorization program jointly operated by the United States Department of Homeland Security and the Social Security Administration.
The governing body of each public school is also required to annually verify the employment eligibility of all teaching staff members and school employees through the E-Verify program.
The bill directs the Commissioner of Education to provide information regarding the requirements of the bill and the requirements of federal law governing the use of the E-Verify program to the governing body of each public school. The bill requires the commissioner make the information available on the Department of Education’s Internet website.
The bill stipulates that the provisions of the bill are not to be construed to prohibit the governing body of a public school from hiring a teaching staff member who holds a valid limited certificate for noncitizen teachers issued by the State Board of Examiners pursuant to current State law.