A919

ASSEMBLY, No. 919

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROCCO and Assemblywoman CRECCO

An Act concerning background checks of certain school employees and amending and supplementing P.L.1986, c.116.

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

1. (New section) a. An individual who is currently in the employ of a board of education and who has never undergone a criminal history records check as required pursuant to section 1 of P.L.1986, c.116 (C.18A:6-7.1) or section 6 of P.L.l989, c.104 (C.18A:39-19.1) shall undergo a criminal history record check within one year of the effective date of this act.

b. A board of education may continue to employ an individual during the one year criminal history record check period provided that the employee submits to the commissioner a sworn statement attesting that the employee has not been convicted of any disqualifying offense as set forth in section section 1 of P.L.1986, c.116 (C.18A:6-7.1) or section 6 of P.L.l989, c.104 (C.18A:39-19.1).

c. Failure to undergo a criminal history record check shall result in disqualification from employment or service with the board of education notwithstanding the provisions of the Tenure Employees Hearing Law, N.J.S.18A:6-10 et seq., or any other statute, regulation or contractual provision to the contrary.

2. 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 or continue to 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] P.L.1986, c.116 (C.18A:6-7.1 et seq.), 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] P.L.1986, c.116 (C.18A:6-7.1 et seq.) 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

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] P.L.1986, c.116 (C.18A:6-7.1).

e. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.) on the basis of any conviction disclosed by a criminal record check performed pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.) 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)

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 or an individual currently employed or serving in any of the positions covered by [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.) shall submit to the Commissioner of Education his or her name, address and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency. The Commissioner 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] P.L.1986, c.116 (C.18A:6-7.1 et seq.). No criminal history record check shall be performed pursuant to [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.) unless the applicant or current employee shall have furnished his or her written consent to such a check. The applicant or current employee 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 or current employee from the Federal Bureau of Investigation and the Division of State Police, the Commissioner of Education shall notify the applicant or current employee, in writing, of the applicant's or current employee's qualification or disqualification for employment or service under [this act] P.L.1986, c.116 (C.18A:6-7.1 et seq.). If the applicant or current employee 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 or current employee 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] P.L.1986, c.116 (C.18A:6-7.1).

(cf: P.L.1986, c. 116, s.3)

5. Section 4 of P.L.1986, c.116 (C.18A:6-7.4) is amended to read as follows:

4. The Commissioner of Education may maintain the records on a candidate or current employee for no longer than one year from the date of determination as to the candidate's or employee's qualification or disqualification for employment with an employer.

(cf: P.L.1987, c.164, s.3)

6. This act shall take effect immediately.

STATEMENT

This bill provides that all employees of a board of education who have never undergone a criminal history record check would be required to undergo such a check within one year of the effective date of this bill. Employees who fail to submit to a background check within one year would be dismissed notwithstanding tenure or contractual status. Those employees whose background checks reveal a disqualifying offense and who cannot demonstrate rehabilitation would be dismissed. Current employees would receive the same due process rights as prospective employees currently receive under the law.

Since 1987, all applicants for employment in New Jersey's public schools have been subject to the background check performed by the FBI and the New Jersey State Police. Those employed prior to that time have never undergone this screening.

Requires criminal history record check of current school board employees.