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A5161
ASSEMBLY, No. 5161
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 1, 2026
Sponsored by:
Assemblywoman� MARGIE DONLON, M.D.
District 11 (Monmouth)
SYNOPSIS
���� Revises certain portions of law related to criminal
history record check for school employees.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning criminal history record checks of 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.� 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 for pay or contract for the paid
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
non-incidental
regular
, recurring, or unsupervised
contact with pupils
or serving in a position which requires presence on
school property at times when pupils are or may reasonably be present,
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).� 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 may require criminal history record checks for individuals who,
on an unpaid voluntary basis, provide services that involve regular contact
with pupils.� In the case of school districts involved in a sending-receiving
relationship, the decision to require criminal history record checks for
volunteers shall be made jointly by the boards of education of the sending and
receiving districts.
���� An individual, except as
provided in subsection g. of this section, shall be permanently 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 for any crime of the first or second
degree; or
���� a.���� An offense as set forth
in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in
N.J.S.2C:24-4 and 2C:24-7, or as set forth in R.S.9:6-1 et seq., or as set
forth in N.J.S.2C:29-2; or
���� b.��� An offense involving the
manufacture, transportation, sale, possession, distribution or habitual use of
a "controlled dangerous substance" as defined in the
"Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al. or
"drug paraphernalia" as defined pursuant to N.J.S.2C:36-1 et seq.; or
���� c. (1) A crime involving the
use of force or the threat of force to or upon a person or property including,
but not limited to, robbery, aggravated assault, stalking, kidnapping, arson,
manslaughter and murder; or
���� (2)�� A crime as set forth in
chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set
forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as
listed below:
���� Recklessly endangering another
person� N.J.S.2C:12-2
���� Terroristic
threats������������������������������������� N.J.S.2C:12-3
���� Criminal
restraint������������������������������������� N.J.S.2C:13-2
���� Luring, enticing child into
motor
����������� vehicle, structure or
isolated area������������ P.L.1993, c.291 (C.2C:13-6)
���� Causing or risking widespread
injury
����������� or
damage�������������������������������������������������� N.J.S.2C:17-2
���� Criminal
mischief�������������������������������������� N.J.S.2C:17-3
���� Burglary�����������������������������������������������������
N.J.S.2C:18-2
���� Usury����������������������������������������������������������
N.J.S.2C:21-19
���� Threats and other improper
influence��������� N.J.S.2C:27-3
���� Perjury and false
swearing�������������������������� N.J.S.2C:28-3
���� Resisting
arrest�������������������������������������������� N.J.S.2C:29-2
���� Escape���������������������������������������������������������
N.J.S.2C:29-5
���� Bias
intimidation����������������������������������������� N.J.S.2C:16-1;
���� or
���� (3)�� Any crime of the fourth
degree involving a victim who is a minor; or
���� (4)�� Conspiracy to commit or
an attempt to commit any of the crimes described in
[
this act
]
P.L.1986,
c.116 (C.18A:6-7.1 et seq.)
.
���� d.��� For the purposes of this
section, a conviction exists if the individual has at any time been convicted
under the laws of this State or under any similar statutes of the United States
or any other state for a substantially equivalent crime or other offense.
���� 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
[
this
act
]
P.L.1986,
c.116 (C.18A:6-7.1 et seq.)
without an opportunity to challenge the
accuracy of the disqualifying criminal history record.
���� f.���� When charges are
pending for a crime or any other offense enumerated in this section, the
employing board of education shall be notified that the candidate shall not be
eligible for employment until the commissioner has made a determination
regarding qualification or disqualification upon adjudication of the pending
charges.
���� g.��� This section shall first
apply to criminal history record checks conducted on or after the effective
date of P.L.1998, c.31 (C.18A:6-7.1c et al.); except that in the case of an
individual employed by a board of education or a contracted service provider who
is required to undergo a check upon employment with another board of education
or contracted service provider, the individual shall be disqualified only for
the following offenses:
���� (1)�� any offense enumerated
in this section prior to the effective date of P.L.1998, c.31 (C.18A:6-7.1c et
al.); and
���� (2)�� any offense enumerated
in this section which had not been enumerated in this section prior to the
effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.), if the person was
convicted of that offense on or after the effective date of that act.
(cf: P.L.2011, c.72, s.9)
���� 2.� 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 the Federal Bureau of
Investigation and the Division of State Police, the Commissioner of Education
shall notify the applicant, in writing, of the applicant'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 is disqualified, the
convictions which constitute the basis for the disqualification shall be
identified in the written notice to the applicant. The applicant shall have 14
days from the date of the written notice of disqualification to challenge the
accuracy of the criminal history record information. If no challenge is filed
or if the determination of the accuracy of the criminal history record
information upholds the disqualification, the commissioner shall notify the
employing board of education that the applicant has been disqualified from
employment, and a copy of the written notice of disqualification for applicants
who hold a certificate issued by the State Board of Examiners shall be
forwarded to that board.�
���� The commissioner is authorized
to share all criminal history record information regarding teaching staff
members with the State Board of Examiners.� In addition, the commissioner is
authorized to share criminal history record information of an applicant from
the Federal Bureau of Investigation or the State Bureau of Identification with
the appropriate court in order to obtain copies of the judgment of conviction
and such other documents as the commissioner deems necessary to confirm the
completeness and accuracy of the record.
���� 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. 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 employing board of education
or contractor, and the board or contractor shall take appropriate action.� If
the pending charge results in conviction, the employee shall not be eligible
for continued employment.
The employing board of education or contractor
shall, no later than 30 days following the notification by the commissioner
that an employee is not eligible for continued employment, provide information
to the commissioner concerning actions taken in response to the notification,
including the status of the employee�s final disposition of employment.� If the
information provided by an employing board of education or contractor does not
confirm the ineligible employee�s final disposition of employment or if no
information is provided to the commissioner within 30 days, the commissioner is
authorized to take such action as the commissioner deems necessary to track the
status of the employee�s final disposition of employment, including requiring
the employing board or contractor to periodically provide written explanations
concerning the reasons for why an employee�s final disposition of employment
has not yet occurred.
(cf: P.L.2002, c.119, s.6)
���� 3.� Section 5 of P.L.1986,
c.116 (C.18A:6-7.5) is amended to read as follows:
���� 5.�
a.
� Any employer
who fails to comply with the provisions of
[
this
act
]
P.L.1986,
c.116 (C.18A:6-7.1 et seq.)
shall be subject to a fine of not more than
[
$500.00
]
$5,000 for
the first offense and $10,000 for the second and each subsequent offense
.
����
b.� In addition to the
fines established pursuant to subsection a. of this section, the Commissioner
of Education is authorized to take other appropriate action against a board of
education that is consistently found to continue employing individuals who are
disqualified from employment pursuant to the provisions of P.L.1986, c.116
(C.18A:6-7.1 et seq.), including, but not limited to:
����
(1)� appointing a State
monitor to review the employing board of education�s hiring activities and implement
corrective action plans to address noncompliance with the provisions of P.L.1986,
c.116 (C.18A:6-7.1 et seq.);
����
(2)� referring to the State
Board of Examiners school leaders employed by the board of education who do not
take appropriate actions with respect to the hiring or employment of individuals
who are disqualified from employment pursuant to the provisions of P.L.1986,
c.116 (C.18A:6-7.1 et seq.); or
����
(3)� the removal of board
members of the board of education.
(cf: P.L.1986, c.116, s.5)
���� 4.� (New section)� The
Commissioner of Education shall identify and disclose on the Internet website
of the Department of Education, and annually share at a public meeting of the
State Board of Education, boards of education that are consistently found to
not be in compliance with the provisions of P.L.1986, c.116 (C.18A:6-7.1 et
seq.), including descriptions of the nature of each boards� violations.�
���� 5. This act shall take effect
immediately.�
STATEMENT
���� This bill modifies certain
provisions of law related to criminal history record checks for school
employees.
���� Pursuant to current law,
educational facilities under the supervision of the Department of Education are
prohibited from employing or contracting for the services of individuals unless
the employer has first determined no criminal history record information exists
on file that would disqualify that individual from being employed.� This
prohibition applies to a variety of specified school employees as well as
individuals in positions that involve regular contact with pupils.� This bill
would modify current law to subject to the criminal history record check
requirements individuals serving in positions that involve non-incidental
regular, recurring, or unsupervised contact with pupils or that require
presence on school property at times when pupils are or may reasonably be
present.
���� Current law also provides
that, when the Commissioner of Education is notified that a current employee is
charged with an offense that disqualifies the employee from school employment,
the commissioner is to notify the employing board of education or contractor of
the pending charges.� If the pending charges result in conviction, the employee
is no longer eligible for continued employment.� This bill requires an
employing board or contractor to, no later than 30 days following the
notification by the commissioner that an employee is not eligible for continued
employment, provide information to the commissioner concerning actions taken in
response to the notification, including the status of the employee�s final
disposition of employment.� If information is not provided to the commissioner
confirming the employee�s termination, the bill authorizes the commissioner to take
action necessary to track the status of the employee�s final disposition of
employment, including requiring the employing board or contractor to
periodically provide written explanations concerning the reasons for why an
employee�s final disposition of employment has not yet occurred.
���� Under current law, any
employer who fails to comply with the provisions of law concerning criminal
history record checks in school employment is subject to a fine of not more
than $500.� This bill increases the fine to $5,000 for the first offense and
$10,000 for the second and each subsequent offense.� The bill additionally
authorizes the commissioner to take various other actions against employing
boards that are consistently found to continue employing individuals who are
disqualified from employment, including: appointing a State monitor to review
the board�s hiring activities and implement corrective action plans to address
noncompliance; referring to the State Board of Examiners school leaders
employed by the board of education who do not take appropriate actions with
respect to the hiring or employment of individuals who are disqualified from
employment; or the removal of board members of the board� of education.�
���� Finally, the bill requires the
Commissioner of Education to identify and disclose on the Department of
Education�s website, and annually share at a public meeting of the State Board
of Education, boards of education that are consistently found to not be in
compliance with current law requirements on criminal history record checks for
school employees. �