ASSEMBLY, No. 406
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman HECK
An Act concerning education and amending various parts of statutory law.
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 or contract for the 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 regular contact with pupils except individuals serving as school bus drivers unless the employer has first determined consistent with the requirements and standards of this act, 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). This section shall not apply to any individual who provides services on a voluntary basis. An individual other than a school bus driver shall be disqualified from employment or service under this act if the individual's criminal history record check reveals a record of conviction of any of the following crimes and offenses:
a. In New Jersey, any crime or disorderly persons offense:
(1) bearing upon or involving sexual offense or child molestation as set forth in N.J.S.2C:14-1 et seq.; or
(2) endangering the welfare of children or incompetents, as set forth in N.J.S.2C:24-4 and N.J.S.2C:24-7; or
b. A crime or offense involving the manufacture, transportation, sale, possession, or habitual use of a "controlled dangerous substance" as defined in the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.); or
c. (1) A crime or offense involving the use of force or the threat of force to or upon a person or property including: armed robbery, aggravated assault, kidnapping, arson, manslaughter and murder; or
(2) A simple assault involving the use of force which results in bodily injury; or
(3) A crime involving burglary as set forth in N.J.S.2C:18-2; or
(4) A crime involving theft or related offenses as set forth in N.J.S.2C:20-1 et seq.; or
(5) A crime involving forgery and fraudulent practices as set forth in N.J.S.2C:21-1 et seq.; or
(6) A crime involving bribery or corrupt influence as set forth in N.J.S.2C:27-1 et seq. and N.J.S.2C:29-8; or
(7) A crime of perjury or other falsification in official matters as set forth in N.J.S.2C:28-1 et seq.; or
(8) A crime of official misconduct as set forth in N.J.S.2C:30-2 and N.J.S.2C:30-3; or
(9) Conspiracy to commit a crime described in this section of this act.
d. In any other state or jurisdiction, a conviction involving conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in this section of this act.
e. 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 record check performed pursuant to this act if the individual has affirmatively demonstrated to the Commissioner of Education clear and convincing evidence of his or her rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) The nature and responsibility of the position which the convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was committed;
(6) Whether the offense was an isolated or repeated incident;
(7) Any social conditions which may have contributed to the offense;
(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have had the individual under their supervision.
(cf: P.L.1989, c.156, s.1)
2. Section 1 of P.L.1987 c.164 (C.18A:6-7.1a) is amended to read as follows:
1. a. A board of education may employ a candidate provisionally for a period not to exceed six months, pending completion of a criminal history records check required pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.); provided that the candidate submits to the commissioner a sworn statement attesting that the candidate has not been convicted of any crime or disorderly persons offense as described by that act.
b. If the board employs an applicant pursuant to this section it shall submit the applicants name, address and fingerprints pursuant to section 2 of P.L.1986, c.116 (C.18A:6-7.2) to the Criminal History Review Division of the Department of Education within 7 days from the date of employment.
c. If the criminal record check discloses the candidate has provided a false sworn statement and has been convicted of a crime or disorderly persons offense as described by the act, the candidate shall immediately be dismissed from employment.
d. 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 record check performed pursuant to this act if the individual has affirmatively demonstrated to the Commissioner of Education clear and convincing evidence of his or her rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) The nature and responsibility of the position which the convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was committed;
(6) Whether the offense was an isolated or repeated incident;
(7) Any social conditions which may have contributed to the offense;
(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have had the individual under their supervision.
(cf: P.L.1987, c.164, s.1)
3. Section 2 of P.L.1986, c.116 (C.18A:6-7.2) is amended to read as follows:
2. An applicant for employment or service in any of the positions covered by this act shall submit to the [Commissioner of Education] board of education his or her name, address and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency.
The [Commissioner] Department of Education is hereby 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 act. No criminal history record check shall be performed pursuant to this act unless the applicant shall have furnished his or her written consent to such a check. The applicant shall bear the cost for the criminal history record check.
(cf: P.L.1986, c.116, s.2)
4. 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 either the Federal Bureau of Investigation [and] or the Division of State Police, the [Commissioner] Department of Education shall notify the applicant, in writing, of the applicant's qualification or disqualification for employment or service under this act. If the applicant is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice and a copy of the notice shall be forwarded to the State Board of Examiners. The applicant shall have 30 days from the date of the written notice of disqualification to petition the Commissioner of Education for a hearing on the accuracy of the criminal history record information or to establish his or her rehabilitation under subsection c. of section 1 of this act.
(cf: P.L.1986, c.116, s.3)
5. This act shall take place immediately.
STATEMENT
This bill would include the convictions of serious non-violent offenses such as burglary, theft, forgery, bribery, and other related offenses as well as conspiracy to commit these and violent crimes as a basis to disqualify a person from being employed in a position which involves regular contact with pupils. Currently, only the convictions for violent crimes, drug related and sex offenses bar a person from being employed in this capacity.
Also, pursuant to P.L.1987, c.164 (C.18A:6-7.1a), a board of education may hire applicants pending the criminal history record check provided applicants give a sworn statement they have no convictions of an offense proscribed by law. However, it has been reported that numerous applicants hired by this practice continued to be employed after evidence they have provided false sworn statements and have convictions of offenses proscribed by law. This bill would require that applicants hired pending a criminal history record check discovered to have provided a false sworn statement and have convictions proscribed by law be immediately dismissed.
Applicants were allowed to be employed after discovery of a criminal history in New Jersey within two weeks of investigation by the State Police and the Criminal History Review Division of the Department of Education because the law required a completed investigation including a review of the appilcant's criminal history by the Federal Bureau of Investigation which take up to and over a month beyond the State's investigation before any applicant could be removed.
This bill would permit the discovery of evidence by either the state or federal authorities that an applicant provided a false sworn statement and has a criminal history as a basis to disqualify that applicant from employment.
This bill would also require boards of education that provisionally employ an applicant pending a criminal history check to submit the name, address and fingerprints of the applicant to the Criminal History Review Division within 7 days of the applicant's date of employment for the purpose of beginning the background check as soon as possible.
Revises law governing criminal history records check for board of education employees.