Bill > A4126

Introduced Session

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 contracted 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."

AI Summary

Committee Categories

Carmen Morales (D)*,  Luanne Peterpaul (D)*, 

Assembly Education Hearing (10:00:00 10/21/2024 Committee Room 16, 4th Floor, State House Annex, Trenton, NJ) (on 10/21/2024)

Official Document