Requires employing board of education or contractor to notify DOE regarding termination of employee disqualified from employment.

S4473

SENATE, No. 4473

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 18, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� Requires employing board of education or contractor
to notify DOE regarding termination of employee disqualified from employment.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning notice of disqualification for school employment
and amending P.L.1986, c.116 and P.L.1989, c.104.

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

���� 1.��� 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.� 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
]

provide a
statement of assurance to the department verifying that the employee for whom a
charge is pending is not in contact with students pending the adjudication of
the charge against the employee
.� If the pending charge results in
conviction, the
commissioner shall notify the employing board of education
or contractor that the
employee
[
shall
not be eligible for continued
]

is disqualified from
employment.�
The employing board of education or
contractor shall provide a statement of assurance to the department verifying
that the employee has been terminated.� An employing school district or
contractor that fails to provide a statement, as required under this section,
shall be subject to a fine pursuant to section 5 of P.L.1986, c.116 (C.18A:6-7.5).

(cf: P.L.2002, c.119, s.6)

���� 2.��� Section 6 of P.L.1989,
c.104 (C.18A:39-19.1) is amended to read as follows:

���� 6. a. Prior to employment as a
school bus driver, and upon application for renewal of a school bus driver's
license, a bus driver shall submit to the Commissioner of Education the
driver's name, address, and fingerprints in accordance with procedures established
by the commissioner. No criminal history record check or check for alcohol and
drug-related motor vehicle violations shall be furnished without the driver's
written consent to such a check.� The applicant shall bear the cost for the
checks, including all costs for administering and processing the checks.

���� Upon receipt of the criminal
history record information for an applicant from the Federal Bureau of
Investigation and the Division of State Police, and information on the check
for alcohol and drug-related motor vehicle violations from the New Jersey Motor
Vehicle Commission, the Commissioner of Education shall notify the applicant,
in writing, of the applicant's qualification or disqualification as a school
bus driver.� If the applicant is disqualified, the convictions which constitute
the basis for the disqualification shall be identified in the written notice to
the applicant.� A school bus driver, except as provided in subsection e. of
this section, shall be permanently disqualified from employment or service if
the individual's criminal history record reveals a record of conviction for
which public school employment candidates are disqualified pursuant to section
1 of P.L.1986, c.116 (C.18A:6-7.1) or if the driver has been convicted at least
two times within the last 10 years for a violation of R.S.39:4-50, section 2 of
P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), or
section 16 of P.L.1990, c.103 (C.39:3-10.24); once for a violation of section 5
of P.L.1990, c.103 (C.39:3-10.13) or section 16 of P.L.1990, c.103 (C.39:3-10.24)
while transporting school children; or once for a violation of subsection b. or
subsection c. of section 1 of P.L.2017, c.347 (C.2C:40-26.1).

���� Following qualification for
employment as a school bus driver 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 the school
bus driver.� 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
]

provide a statement of assurance to the department verifying that the school
bus driver for whom a charge is pending no longer operates a school bus for the
board or contractor and does not have contact with students pending the
adjudication of the charge against the school bus driver
.� If the pending
charge results in conviction, the
commissioner shall notify the employing board
of education or contractor that the
school bus driver
[
shall not be
eligible for continued
]

is disqualified from
employment.�
The employing board of education or
contractor shall provide a statement of assurance to the department verifying
that the school bus driver has been terminated.

���� A school bus driver shall not
be eligible to operate a school bus if the individual's bus driver's license is
currently revoked or suspended by the New Jersey Motor Vehicle Commission in
accordance with R.S.39:3-10.1 or if the individual's passenger endorsement or
special license issued pursuant to R.S.39:3-10.1 is revoked by the New Jersey
Motor Vehicle Commission for life in accordance with section 2 of P.L.2017,
c.347 (C.18A:39-19.5).

���� Following qualification for
employment as a school bus driver, the New Jersey Motor Vehicle Commission
shall immediately forward to the Commissioner of Education any information
which the division receives on a conviction for an alcohol or drug-related motor
vehicle violation that would disqualify the driver from employment pursuant to
the provisions of this subsection. The commissioner shall notify the employing
board of education or contractor that the driver is
[
no longer eligible for
]

disqualified
from
employment.�
The employing board of education or contractor shall
provide a statement of assurance to the department verifying that the school
bus driver has been terminated.

���� b.��� 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 history record check or a check for alcohol and drug-related
motor vehicle violations performed pursuant to this section without an
opportunity to challenge the accuracy of the disqualifying records.

���� c.���� When charges are
pending for a crime or any other offense enumerated in section 1 of P.L.1986,
c.116 (C.18A:6-7.1), the employing board of education or contractor 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.

���� d.��� The applicant shall have
30 days from the date of the written notice of disqualification to challenge
the accuracy of the criminal history record information or the record of
convictions for an alcohol or drug-related motor vehicle violation.� If no challenge
is filed or if the determination of the accuracy of the criminal history record
information or the record of convictions for an alcohol or drug-related motor
vehicle violation upholds the disqualification, notification of the applicant's
disqualification for employment shall be forwarded to the New Jersey Motor
Vehicle Commission.� The local board of education or the school bus contractor
and the County Superintendent of Schools shall also be notified of the
disqualification. Notwithstanding the provisions of any law to the contrary,
the Chief Administrator of the New Jersey Motor Vehicle Commission shall, upon
notice of disqualification from the Commissioner of Education, immediately
revoke the applicant's special license issued pursuant to R.S.39:3-10.1 without
necessity of a further hearing.� Candidates' records shall be maintained in
accordance with the provisions of section 4 of P.L.1986, c.116 (C.18A:6-7.4).

���� e.���� 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 a school bus driver employed by a board of education or a contracted service
provider who is required to undergo a check upon application for renewal of a
school bus driver's license, 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.

���� f. (1) Notwithstanding any
provision of this section to the contrary, the check for alcohol and
drug-related motor vehicle violations shall be conducted in accordance with the
provisions of this section prior to initial employment as a school bus driver and
upon application for renewal of a school bus driver's license until such time
as the provisions of the "Motor Carrier Safety Improvement Act of
1999," Pub. L. 106-159, are effective and implemented by the State.

���� (2)�� Notwithstanding any
provision of this section to the contrary, upon the implementation by the State
of the "Motor Carrier Safety Improvement Act of 1999," Pub. L.
106-159, a check for alcohol and drug-related motor vehicle violations shall be
conducted in accordance with the provisions of this section prior to initial
employment as a school bus driver.� A check for alcohol and drug-related motor
vehicle violations conducted for any subsequent renewal of a school bus
driver's license shall be subject to the provisions of the "Motor Carrier
Safety Improvement Act of 1999," Pub. L.106-159.

���� (3)�� Upon the implementation
by the State of the "Motor Carrier Safety Improvement Act of 1999,"
Pub. L. 106-159, following qualification for employment as a school bus driver,
the New Jersey Motor Vehicle Commission shall immediately notify the Commissioner
of Education of the suspension or revocation of a school bus driver's
commercial driver's license.� The commissioner shall notify the employing board
of education or contractor of the suspension or revocation, and the employment
of the school bus driver shall be immediately terminated.� In the case of a
school bus driver whose commercial driver's license has been suspended, the
driver may apply for re-employment at the end of the period of suspension.

(cf: P.L.2017, c.347, s.3)

���� 3. This act shall take effect
immediately.

STATEMENT

���� This bill would require an
employing board of education or contractor to provide a statement of assurance
to the Department of Education verifying that an employee for whom a charge is
pending for certain crimes or offenses is not in contact with students, pending
the adjudication of the charge.� If the charge leads to a conviction rendering
the employee disqualified from employment, an employing board or contractor is
required to provide a statement of assurance verifying that the employee has
been terminated.

���� Under current law, a candidate
for employment or contract for paid services in certain positions in a school
under the supervision of the Department of Education and a board of education is
required to meet certain criminal history record check requirements in order to
be considered qualified for employment.� For individuals who have met these
criminal history record check requirements and are currently employed or under
contract for paid services, the State Bureau of Identification is required to
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 certain
crimes or offenses, the commissioner is required to notify the employing board
of education or contractor, and the board or contractor is required to take
appropriate action.� If the pending charge results in conviction, the employee
is not eligible for continued employment.

���� Under the provisions of the
bill, in the event that the commissioner notifies an employing board of
education or contractor that a charge is pending against an employee, the
employing board or contractor would be required to provide a statement of
assurance to the department verifying that the employee is not in contact with
students pending the adjudication of the charge.� If the pending charge results
in conviction, the bill requires the commissioner to notify the employing
school board or contractor that the employee is disqualified from employment.�
The employing board or contractor would then provide a statement of assurance to
the department verifying that the employee has been terminated.

���� The bill similarly provides
that, in the event the commissioner provides notice to an employing school
board or contractor that a charge for certain crimes or offenses is pending
against a school bus driver, the employing board or contractor would provide a
statement of assurance to the department verifying that the school bus driver no
longer operates a school bus for the board or contractor and does not have
contact with students pending the adjudication of the charge.� If the pending
charge results in conviction, the bill requires the commissioner to notify the
employing school board or contractor that the school bus driver is disqualified
from employment.� The bill then requires the employing board or contractor to
provide a statement of assurance to the department verifying that the school
bus driver has been terminated.