Bill Text: NJ A3148 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires workers on a school facilities construction project to undergo a criminal background check and mandates such checks for nonpublic school employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-09-13 - Introduced, Referred to Assembly Education Committee [A3148 Detail]
Download: New_Jersey-2010-A3148-Introduced.html
Sponsored by:
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
SYNOPSIS
Requires workers on a school facilities construction project to undergo a criminal background check and mandates such checks for nonpublic school employees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal history record checks in public and nonpublic schools, amending and supplementing P.L.1989, c.229, 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. 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 pay or contract for the services of a contractor or subcontractor to undertake a school facilities project unless the contractor or subcontractor and the employees of the contractor or subcontractor 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.). No criminal history record check shall be conducted without the individual's written consent to the check. The applicant for the criminal history record check shall bear the cost of the check, including all costs for administering and processing the check.
b. The Commissioner of Education 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. Upon receipt of the criminal history record information, the commissioner shall inform the applicant of his determination in writing. The commissioner shall also provide written notification to the board of education. An applicant shall be permanently disqualified for employment under a school facilities construction project contract with a board of education if the individual's criminal history record check reveals a record of conviction for any crime or offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1).
2. (New section) a. The New Jersey Schools Development Authority established pursuant to section 3 of P.L.2007, c.137 (C.52:18A-237) shall not pay or contract for the services of a contractor or subcontractor to undertake a school facilities project unless the contractor or subcontractor and the employees of the contractor or subcontractor 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.). No criminal history record check shall be conducted without the individual's written consent to the check. The applicant for the criminal history record check shall bear the cost of the check, including all costs for administering and processing the check.
b. The Commissioner of Education 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. Upon receipt of the criminal history record information, the commissioner shall inform the applicant of his determination in writing. The commissioner shall also provide written notification to the development authority. An applicant shall be permanently disqualified for employment under a school facilities construction project contract with the development authority if the individual's criminal history record check reveals a record of conviction for any crime or offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1).
3. (New section) a. A nonpublic school shall not pay or contract for the services of a contractor or subcontractor to undertake a school facilities project unless the contractor or subcontractor and the employees of the contractor or subcontractor 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.). No criminal history record check shall be conducted without the individual's written consent to the check. The applicant for the criminal history record check shall bear the cost of the check, including all costs for administering and processing the check.
b. The Commissioner of Education 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. Upon receipt of the criminal history record information, the commissioner shall inform the applicant of his determination in writing. The commissioner shall also provide written notification to the chief administrator of the nonpublic school. An applicant shall be permanently disqualified for employment under a school facilities construction project contract with a nonpublic school if the individual's criminal history record check reveals a record of conviction for any crime or offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1).
4. (New section) The Commissioner of Education is hereby authorized to exchange fingerprint data with and to receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making determinations required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
5. 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 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)
6. 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. An applicant shall be permanently disqualified for employment in a nonpublic school if the individual's criminal history record check reveals a record of conviction for any crime or offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1).
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 receives 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)
7. 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), [or as permitted pursuant to] P.L.1989, c.229 (C.18A:6-4.13 et seq.), and P.L. , c. (C. ) (pending before the Legislature as this bill);
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), on charges pending against an employee or school bus driver who has previously undergone a criminal history records check;
c. adjust the fees set by the Department of Education for the criminal history records checks.
(cf: P.L.2002, c.119, s.5)
8. This act shall take effect immediately.
STATEMENT
This bill requires that a school district, nonpublic school, and the New Jersey Schools Development Authority may not enter in a contract for the construction of a school facilities project unless the contractor or subcontractor and employees of the contractor or subcontractor undergo a criminal history records check. The checks will be conducted in accordance with the current statutes mandating such checks for public school employees. Under the bill, the Commissioner of Education will apply the same requirements, procedures, and standards, and proceed in the same manner as established under the criminal history records check law for public school employees in determining whether an individual would be qualified or disqualified for employment under a school facilities construction contract. The individual will pay for the cost of the background check.
The bill also mandates a criminal history records check for employees of nonpublic schools who have regular contact with students. While many nonpublic school employees currently undergo such checks, the current statute provides that the requirement for such a check is at the discretion of the nonpublic school. Under the bill, an applicant for employment in a nonpublic school will be permanently disqualified from employment if the criminal history records check reveals a conviction for a disqualifying crime.
