Revises law requiring school districts, charter schools, nonpublic schools, and contracted service providers to review employment history of prospective employee for allegations of child abuse or sexual misconduct.

A2302

ASSEMBLY, No. 2302

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblywoman CARMEN THERESA MORALES

District 34 (Essex)

SYNOPSIS

���� Revises law requiring school districts, charter
schools, nonpublic schools, and contracted service providers to review
employment history of prospective employee for allegations of child abuse or
sexual misconduct.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning school employees and amending and
supplementing P.L.2018, c.5.

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

���� 1.��� Section 2 of P.L.2018,
c.5 (C.18A:6-7.7) is amended to read as follows:

���� 2.��� A school district,
charter school, nonpublic school, or contracted service provider holding a
contract with a school district, charter school, or nonpublic school shall not
employ for pay or contract for the paid services of any person serving in a
position which involves regular contact with students unless the school
district, charter school, nonpublic school, or contracted service provider:

���� a.���� Requires the applicant
to provide:

���� (1)�� A list, including name,
address, telephone number and other relevant contact information of the
applicant�s:

���� (a)�� current employer;

���� (b)�� all former employers
[
within the
last 20 years
]

that were schools; and

���� (c)�� all former employers
[
within the
last 20 years
]

where the applicant was employed in a position that involved direct contact
with children; and

���� (2)�� A written authorization
that consents to and authorizes disclosure of the information requested
[
under
]

pursuant
to
subsection b. of this section and the release of related records by the
applicant�s employers listed
[
under
]

pursuant
to
paragraph (1) of this subsection, and that releases those employers from
liability that may arise from the disclosure or release of records;

���� (3)�� A written statement as
to whether the applicant:

���� (a)�� has been the subject of
any child abuse or sexual misconduct investigation by any employer, State
licensing agency, law enforcement agency, or the Department of Children and
Families, unless the investigation resulted in a finding that the allegations
were false or the alleged incident of child abuse or sexual misconduct was not
substantiated;

���� (b)�� has ever been
disciplined, discharged, nonrenewed, asked to resign from employment, resigned
from or otherwise separated from any employment while allegations of child
abuse or sexual misconduct were pending or under investigation, or due to an
adjudication or finding of child abuse or sexual misconduct; or

���� (c)�� has ever had a license,
professional license, or certificate suspended, surrendered, or revoked while
allegations of child abuse or sexual misconduct were pending or under
investigation, or due to an adjudication or finding of child abuse or sexual
misconduct;

and

���� b.��� Conducts a review of the
employment history of the applicant by contacting those employers listed by the
applicant
[
under
]

pursuant
to
the provisions of paragraph (1) of subsection a. of this section and
requesting the following information:

���� (1)�� The dates of employment
of the applicant; and

���� (2)�� A statement as to
whether the applicant:

���� (a)�� was the subject of any
child abuse or sexual misconduct investigation by any employer, State licensing
agency, law enforcement agency, or the Department of Children and Families,
unless the investigation resulted in a finding that the allegations were false
or the alleged incident of child abuse or sexual misconduct was not
substantiated;

���� (b)�� was disciplined,
discharged, nonrenewed, asked to resign from employment, resigned from or
otherwise separated from any employment while allegations of child abuse or
sexual misconduct were pending or under investigation, or due to an
adjudication or finding of child abuse or sexual misconduct; or

���� (c)�� has ever had a license,
professional license, or certificate suspended, surrendered, or revoked while
allegations of child abuse or sexual misconduct were pending or under
investigation, or due to an adjudication or finding of child abuse or sexual
misconduct.

���� The review of the employment
history may be conducted through telephonic, electronic, or written
communications.� If the review is conducted by telephone, the results of the
review shall be documented in writing by the prospective employer.�
The
prospective employer shall maintain a record of the review of the employment
history of the applicant, which shall be subject to audit by the Commissioner
of Education pursuant to the section 11 of P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill).

(cf: P.L.2018, c.5, s.2)

���� 2.��� Section 3 of P.L.2018,
c.5 (C.18A:6-7.8) is amended to read as follows:

���� 3.� a. �An applicant who
willfully provides false information or willfully fails to disclose information
required in subsection a. of section 2 of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)

���� (1)�� shall be subject to
discipline up to, and including, termination or denial of employment
, as
deemed appropriate by the employer and the Department of Education
;

���� (2)�� may be deemed in
violation of subsection a. of N.J.S.2C:28-3; and��������

���� (3)�� may be subject to a
civil penalty of not more than
[
$500
]

$10,000

which shall be collected in proceedings in accordance with the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).

���� b.��� A school district,
charter school, nonpublic school, or contracted service provider holding a
contract with a school district, charter school, or nonpublic school shall
include a notification of the penalties set forth in this section on all
applications for employment for positions which involve regular contact with
students.

(cf: P.L.2018, c.5, s.3)

���� 3.��� Section 4 of P.L.2018,
c.5 (C.18A:6-7.9) is amended to read as follows:

���� 4.� a.� No later than 20 days
after receiving a request for information
[
under
]

pursuant
to
subsection b. of section 2 of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
, an employer that has or had an employment relationship
[
within the
last 20 years
]

with the applicant shall disclose the information requested
, and maintain a
record of the information disclosed, which shall be subject to audit by the
Commissioner of Education pursuant to the section 11 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill)
.

���� b.��� The prospective
employer, in conducting the review of the employment history of an out-of-State
applicant, shall make, and document with specificity, diligent efforts to:

���� (1)�� verify the information
provided by the applicant pursuant to subsection a. of section 2 of
[
this act
]

P.L.2018, c.5
(C.18A:6-7.7)
; and

���� (2)�� obtain from any
out-of-State employers listed by the applicant the information requested
pursuant to subsection b. of section 2 of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
.

���� c.���� The failure of an
employer to provide the information requested pursuant to subsection b. of
section 2 of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
within the 20-day timeframe established
[
under
]

pursuant
to
subsection a. of this section may be grounds for the automatic
disqualification of an applicant from employment with a school district,
charter school, nonpublic school, or contracted service provider.� A school
district, charter school, nonpublic school, or contracted service provider
shall not be liable for any claims brought by an applicant who is not offered
employment or whose employment is terminated:

���� (1)�� because of any
information received by the school district, charter school, nonpublic school,
or contracted service provider from an employer pursuant to section 2 of
[
this act
]

P.L.2018, c.5
(C.18A:6-7.7)
; or

���� (2)�� due to the inability of
the school district, charter school, nonpublic school, or contracted service
provider to conduct a full review of the applicant�s employment history
pursuant to subsection b. of section 2 of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
.

���� d.��� A school district,
charter school, nonpublic school, or contracted service provider shall have the
right to immediately terminate an individual�s employment or rescind an offer
of employment if:

���� (1)�� the applicant is offered
employment or commences employment with the school district, charter school,
nonpublic school, or contracted service provider following the effective date
of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.6 et seq.)
; and

���� (2)�� information regarding
the applicant�s history of sexual misconduct or child abuse is subsequently
discovered or obtained by the employer that the employer determines
disqualifies the applicant or employee from employment with the school
district, charter school, nonpublic school, or contracted service provider.�

���� The termination of employment
pursuant to this subsection shall not be subject to any grievance or appeals
procedures or tenure proceedings pursuant to any collectively bargained or
negotiated agreement or any law, rule, or regulation.

����
e. �A school district,
charter school, nonpublic school, or contracted service provider shall notify
the Department of Education if a determination is made that the applicant or
employee is disqualified from employment with the school district, charter
school, nonpublic school, or contracted service provider pursuant to subsection
d. of this section.

(cf: P.L.2018, c.5, s.4)

���� 4.��� Section 5 of P.L.2018,
c.5 (C.18A:6-7.10) is amended to read as follows:

���� 5.� a.� After reviewing the
information disclosed
[
under
]

pursuant
to
subsection b. of section 2 of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
and finding an affirmative response to any of the
inquiries in paragraph (2) of subsection b. of section 2 of
[
this act
]

P.L.2018,
c.5 (C.18A:6-7.7)
, the prospective employer, prior to determining to
continue with the applicant's job application process, shall make further
inquiries of the applicant's current or former employer to ascertain additional
details regarding the matter disclosed.�
The prospective employer shall
maintain a record of these inquiries, which shall be subject to audit by the
Commissioner of Education pursuant to the section 11 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill).

���� b.��� A school district,
charter school, nonpublic school, or contracted service provider may employ or
contract with an applicant on a provisional basis for a period not to exceed 90
days pending review by the school district, charter school, nonpublic school,
or contracted service provider of information received pursuant to section 2 of

[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
, provided that all of the following conditions are
satisfied:

���� (1)�� the applicant has
complied with subsection a. of section 2 of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
;

���� (2)�� the school district,
charter school, nonpublic school, or contracted service provider has no
knowledge or information pertaining to the applicant that the applicant is
required to disclose pursuant to paragraph (3) of subsection a. of section 2 of

[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
; and

���� (3)�� the school district,
charter school, nonpublic school, or contracted service provider determines
that special or emergent circumstances exist that justify the temporary
employment of the applicant.

(cf: P.L.2018, c.5, s.5)

���� 5.��� Section 6 of P.L.2018,
c.5 (C.18A:6-7.11) is amended to read as follows:

���� 6.� a.� Information received
by an employer
[
under
this act
]

pursuant to P.L.2018, c.5 (C.18A:6-7.6 et seq.) or included in the database
established pursuant to section 8 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill)
shall not be deemed a public record
under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to
public records.

���� b.��� An employer, school
district, charter school, nonpublic school, school administrator, or contracted
service provider that provides information or records about a current or former
employee or applicant shall be immune from criminal and civil liability for the
disclosure of the information, unless the information or records provided were
knowingly false.� The immunity shall be in addition to and not in limitation of
any other immunity provided by law.

(cf: P.L.2018, c.5, s.6)

���� 6.� Section 8 of P.L.2018, c.5
(C.18A:6-7.13) is amended to read as follows:

���� 8. �a. �The Department of
Education shall establish a public awareness campaign to publicize the
provisions of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.6 et seq.)
and to ensure applicants and employers are aware
of their respective rights and responsibilities
[
under this act
]

pursuant
to P.L.2018, c.5 (C.18A:6-7.6 et seq.)
.� The department shall post on its
website guidance documents and any other informational materials that may
assist applicants and employers in the implementation of and compliance with
[
this act
]

P.L.2018, c.5
(C.18A:6-7.6 et seq.)
.

���� b.��� The
[
department
]

department�s
Office of Student Protection
shall develop forms for applicants and
employers that
[
may
]

shall

be used to comply with the requirements of subsections a. and b. of section 2
of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.7)
, as well as any other forms necessary to carry out the
provisions of
[
this
act
]

P.L.2018,
c.5 (C.18A:6-7.6 et seq.) and P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill)
.

(cf: P.L.2018, c.5, s.8)

���� 7. (New section)� All
information received by a school district, charter school, nonpublic school, or
contracted service provider from an applicant or employer pursuant to section 2
of P.L.2018, c.5 (C.18A:6-7.7) shall be submitted to the Commissioner of
Education for inclusion in the school employee identification database
established pursuant to section 8 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).�

���� 8.� (New section)� a.� The
Commissioner of Education shall create and maintain a secure and centralized
school employee identification database.� The purpose of the database shall be
to provide school districts, charter schools, nonpublic schools, and contracted
service providers with ready access to any information that may disqualify an
individual from being hired by, or continuing employment with, a school
district, charter school, nonpublic school, or contracted service provider.�
The database shall include:

���� (1) all information received
by a school district, charter school, nonpublic school, or contracted service
provider from an applicant or employer pursuant to the provisions of P.L.2018,
c.5 (C.18A:6-7.7);

���� (2) �all child abuse record
information obtained by a school district, charter school, nonpublic school, or
contracted service provider pursuant to section 9 of P.L.��� , c.��� (C.�������
) (pending before the Legislature as this bill);

���� (3) �all information submitted
to the commissioner by the State Board of Examiners pursuant to section 10 of P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill);

���� (4)� all determinations to
disqualify an applicant or employee from employment with a school district,
charter school, nonpublic school, or contracted service provider pursuant to
subsection d. of section 4 of P.L.2018, c.5 (C.18A:6-7.9); and

���� (5) �any statement or
documentation submitted by a school employee to contest, correct, or supplement
any information in the school employee�s database record.���

���� b.� (1)� The commissioner
shall establish policies and procedures to provide secure access to the
database to persons authorized by a school district, charter school, nonpublic
school, or contracted service provider.� Access shall be limited to the database
records of employees of, or applicants to, the school district, charter school,
nonpublic school, or contracted service provider.

���� (2)� The commissioner shall
establish policies and procedures to provide a school employee with secure
access to the information within the employee�s database record and to contest,
correct, or supplement any information in the record.�

���� (3)� The commissioner shall
remove any content from the employee�s database record when there is clear and
convincing evidence that the content is false.��

���� c.� The commissioner may
contract with a qualified third party to create or maintain the database
established pursuant to this section.�

���� 9.� (New section) a. Each
school district, charter school, nonpublic school, or contracted service
provider shall request that the Department of Children and Families conduct a
child abuse record information check of its child abuse records to determine if
an incident of child abuse or neglect has been substantiated, pursuant to
section 4 of P.L.1971, c.437 (C.9:6-8.11), against any applicant for a position
which involves regular contact with students at the school district, charter
school, nonpublic school, or contracted service provider.� Requests made
pursuant to this subsection shall be made prior to making an offer of
employment.�

���� b.��� Each applicant to a
school district, charter school, nonpublic school, or contracted service
provider for a position that involves regular contact with students shall
provide prior written consent for the department to conduct a child abuse
record information check.

���� c.���� Notwithstanding any
other provision of law to the contrary, if an applicant to the school district,
charter school, nonpublic school, or contracted service provider refuses to
consent to, or cooperate in, the securing of a child abuse record information check
pursuant to this section, the application shall be voided.

���� d.��� The department shall
complete the child abuse record information check within 45 days after
receiving the request for the check.

���� e.���� An individual shall not
be disqualified from employment on the basis of any information disclosed by a
child abuse record information check performed pursuant to this section without
an opportunity to challenge the accuracy of the child abuse record.

���� 10.� (New section) a. The
State Board of Examiners shall submit to the Commissioner of Education notice
of any pending review that may result in the revocation or suspension of an
administrative or instructional certificate.�

���� b.� The commissioner shall
include information received pursuant to subsection a. of this section in the
school employee identification database established pursuant to section 8 of P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill).�

���� 11.� (New section) a.� The
Commissioner of Education shall audit the records of a school district, charter
school, nonpublic school, or contracted service provider holding a contract
with a school district, charter school, or nonpublic school to ensure
compliance with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.) every five
years, pursuant to a schedule to be established by the commissioner.

���� b.��� In the years intervening
between the five-year audit, whenever the commissioner determines that
conditions exist in a school district, charter school, nonpublic school, or
contracted service provider holding a contract with a school district, charter
school, or nonpublic school that may pose a threat to the safety or wellbeing
of students or staff of the school, the commissioner may immediately conduct an
audit of the hiring practices of the school district, charter school, nonpublic
school, or contracted service provider holding a contract with a school
district, charter school, or nonpublic school for compliance with the
provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.).

���� c.���� If the commissioner
determines through an audit that the hiring practices fail to comply with the
provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.), but the noncompliance does
not pose an immediate threat to the safety or wellbeing of students or staff of
the school, then the commissioner shall issue recommendations for compliance
with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.) to the school
district, charter school, nonpublic school, or contracted service provider
holding a contract with a school district, charter school, or nonpublic school.

���� d.��� Notwithstanding section
1 of P.L.1995, c.125 (C.18A:27-4.1), or any other law, rule, or regulation to
the contrary, the commissioner shall provide direct oversight of the hiring
practices of a school district, charter school, or nonpublic school if the
commissioner determines through an audit that the hiring practices fail to
comply with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.), and the
noncompliance is determined by the commissioner to:

���� (1)�� be the result of willful
misconduct or gross negligence;

���� (2)�� pose an immediate threat
to the safety or wellbeing of students or staff of the school; or

���� (3)�� constitute a failure to
implement the recommendations issued by the commissioner pursuant to subsection
c. of this section.

���� The oversight shall be
provided in a manner and for a time period as determined by the commissioner. �The
commissioner shall provide the school district, charter school, or nonpublic
school with benchmarks and remedial actions necessary for the cessation of
direct oversight of hiring practices by the commissioner.

���� e.���� Nothing in this section
shall preclude the commissioner from conducting a random audit of a school
district, charter school, nonpublic school, or contracted service provider
holding a contract with a school district, charter school, or nonpublic school
to assess compliance with the provisions of P.L.2018, c.5 (C.18A:6-7.6 et seq.).

���� f.���� The commissioner may
contract with a qualified third party to conduct the audits required pursuant
to this section.� A qualified third party shall report the findings of the
audit to the commissioner.

���� 12.� (New section) a.� The
Department of Education shall establish procedures for the prompt investigation
of an allegation of child abuse or sexual misconduct by a school employee.� The
procedures shall require:

���� (1)�� the board of education,
board of trustees of a charter school, or chief school administrator of a
nonpublic school to designate at least three employees of the school district,
charter school, or nonpublic school to conduct investigations of child abuse or
sexual misconduct.� The department shall establish criteria for the
qualifications required for a school employee to be selected as a designated
employee for purposes of this paragraph;

���� (2)�� the investigation to be
initiated by the designated employees within one school day of receiving
reliable information regarding an allegation of child abuse or sexual
misconduct by a school employee.� The investigation shall be completed as soon
as possible, but not later than 10 school days from the date of the receipt of
information regarding the allegation;

���� (3)�� the results of the
investigation to be reported to the superintendent of schools, the lead person
of a charter school, or the chief school administrator of a nonpublic school
within two school days of the completion of the investigation;

���� (4)�� the superintendent of
schools, the lead person of a charter school, or the chief school administrator
of a nonpublic school to recommend appropriate action for an investigation that
substantiates the allegation of child abuse or sexual misconduct by the school
employee.� The superintendent of schools, the lead person of a charter school,
or the chief school administrator of a nonpublic school shall issue a written
statement of reasons for the recommendation.� A school district, charter
school, and nonpublic school shall maintain a copy of the recommendation;�

���� (5)� the recommendation to be
provided to the board of education or board of trustees of a charter school
that shall make a final determination in writing on the appropriate action to
be taken as a result of a substantiated allegation.� The final written
determination shall include reasons for any final determination that is
contrary to the recommendations of the superintendent of schools or the lead
person of a charter school.� In the case of a nonpublic school, the
recommendation of the chief school administrator shall be the final
determination.� The final determination of a substantiated allegation shall be
submitted to the commissioner for inclusion in the school employee
identification database established pursuant to section 8 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill); and

���� (6)� any other measures that
the department deems appropriate.

���� b.��� A school district, charter
school, and nonpublic school shall utilize the procedures established pursuant
to subsection a. of this section for an investigation regarding an allegation
of child abuse or sexual misconduct by a school employee.

���� c.���� A school district,
charter school, and nonpublic school shall not enter into a contract with a
contracted service provider unless the provider attests that the provider
utilizes comparable investigation procedures as established pursuant to
subsection a. of this section.

���� d.��� (1) The department shall
provide training, free of charge, to employees designated pursuant to paragraph
(1) of subsection a. of this section.� The department shall offer training
sessions on the investigation procedures, and develop training modules in both
traditional and online formats.

���� (2) A designated employee
shall complete the training prior to conducting an investigation of an
allegation of child abuse or sexual misconduct by a school employee, and
annually thereafter.

���� e.���� The department shall
establish guidelines to assist school districts, charter schools, and nonpublic
schools in implementing the investigative procedures established pursuant to
subsection a. of this section and for determining when to refer an allegation
of child abuse or sexual misconduct to law enforcement.

���� f.���� A board of education,
board of trustees of a charter school, or chief school administrator of a
nonpublic school may enter into a memorandum of agreement with law enforcement regarding
allegations of child abuse or sexual misconduct by school employees and the
procedures and responsibilities of designated employees in conducting
investigations.

���� g.��� Nothing in this section
shall be construed to supersede the reporting requirements established pursuant
to P.L.1971, c.437 (C.9:6-8.8 et. seq.) and any policies adopted for the early
detection of missing and abused children required pursuant to section 2 of
P.L.1984, c.228 (C.18A:36-25).

���� 13. (New section) The
Commissioner of Education shall issue a report to the Governor, and to the
Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), every five
years with findings and recommendations regarding the efficacy of P.L.2018, c.5
(C.18A:6-7.6 et seq.) and the provisions established pursuant to P.L.��� ,
c.���� (C.������� ) (pending before the Legislature as this bill).

���� 14.� This act shall take
effect 12 months next following the date of enactment.

STATEMENT

���� This bill makes changes to the
current law requiring school districts, charter schools, nonpublic schools, and
contracted service providers to review the employment history of certain
applicants and any allegations of child abuse or sexual misconduct made against
those applicants.�

���� Current law requires the
Department of Education to develop forms for applicants and employers that may
be used to comply with requirements concerning the review of an applicant�s
employment history.� This bill requires the department�s Office of Student
Protection to develop the forms and requires that the forms be used in
complying with the employment history requirements.�

���� Current law also requires
applicants to positions involving regular contact with students at school
districts, charter schools, nonpublic schools, and contracted service providers
to provide a list of certain former employers of the applicant within the last
20 years.� The bill removes the 20-year limit.�

���� Under current law, an
applicant who gives false information or willfully fails to disclose
information required to be provided under the law may be subject to certain
civil penalties up to $500. The bill increases the maximum civil penalty amount
to $10,000.�

���� The bill further requires the
Commissioner of Education to create and maintain a secure and centralized
school employee identification database.� The purpose of the database is to
provide school districts, charter schools, nonpublic schools, and contracted
service providers with ready access to any information that may disqualify an
individual from being hired by, or continuing employment with, a school
district, charter school, nonpublic school, or contr
acted service provider.� The
bill requires specific categories of information to be included in the
database.

���� The bill directs the
commissioner to establish policies and procedures to provide secure access to
the database.� The commissioner is directed to establish policies and
procedures to ensure the accuracy of the information in the database.�

���� The bill also directs each
school district, charter school, nonpublic school, or contracted service
provider to request that the Department of Children and Families conduct a
child abuse record information check of its child abuse records to determine if
an incident of child abuse or neglect has been substantiated against any
applicant to a position involving regular contact with students at the school
district, charter school, nonpublic school, or contracted service provider and
includes provisions pertaining to how those records are to be secured and
used.� The bill requires the State Board of Examiners to submit to the
commissioner notice of any pending review that may result in the revocation or
suspension of an administrative or instructional certificate.� �

���� This bill also requires the
commissioner to audit the hiring records of a school district, charter school,
nonpublic school, or contracted service provider holding a contract with a
school district, charter school, or nonpublic school to ensure compliance with the
provisions of law.� The audit is to occur every five years, pursuant to a
schedule established by the commissioner. �The bill authorizes the commissioner
to conduct random audits.� Additionally, the bill permits the commissioner to
contract with a qualified third party to conduct the audits.

���� Under the bill, if the commissioner
determines the hiring practices do not comply with the law, but the
noncompliance does not pose an immediate threat to the safety or wellbeing of
students or staff of the school, then the commissioner is to issue
recommendations for compliance with the law to the school district, charter
school, nonpublic school, or contracted service provider holding a contract
with a school district, charter school, or nonpublic school.

���� The commissioner is also
authorized under the bill to provide direct oversight of the hiring practices
of a school district, charter school, or nonpublic school if the commissioner
determines through an audit that the hiring practices fail to comply with the
provisions of the law, and the noncompliance is determined by the commissioner
to: (1) be the result of willful misconduct or gross negligence; (2) pose an
immediate threat to the safety or wellbeing of students or staff of the school;
or (3) constitute a failure to implement the recommendations issued by the
commissioner as a result of a previous audit.

���� This bill requires the
department to establish procedures for the prompt investigation of allegations
of child abuse or sexual misconduct by a school employee.� The procedures are
to require certain components as specified in the bill.�

���� The bill requires school
districts, charter schools, and nonpublic schools to utilize the procedures
established by the bill for any investigation regarding an allegation by a
school employee.� The bill further prohibits school districts, charter schools,
and nonpublic schools from entering into contracts with contracted services
providers unless the provider attests that it utilizes comparable investigation
procedures as established by the bill.

���� The department is also
required to establish guidelines to assist school districts, charter schools,
and nonpublic schools in implementing the investigation procedures and for
determining when to refer an allegation of child abuse or sexual misconduct to
law enforcement.

���� The bill permits a board of
education, board of trustees of a charter school, or chief school administrator
of a nonpublic school to enter into a memorandum of agreement with law
enforcement regarding allegations of child abuse or sexual misconduct by school
employees and the procedures and responsibilities of designated employees in
conducting investigations.

���� Finally, the bill requires the
commissioner to issue a report to the Governor and the Legislature every five
years on implementation the law.

���� This bill implements certain
recommendations of the New Jersey State Commission of Investigation�s March
2024 report, �Safeguarding New Jersey Students from Sexual Predators and Child
Abuse at School � Examining the State�s �Pass the Trash� Law.�