Bill > S3395

Introduced Session

This bill clarifies the criminal history record check requirements for workers conducting construction or public works activities in school buildings and requires each school district to update the district's visitor policy. The bill prohibits the New Jersey Schools Development Authority and a facility, center, school, or school system under the supervision of the Department of Education from employing or contracting with a general contractor, subcontractor, or worker conducting public works activities, including the employees of third-party contractors, who may conduct short-term or long-term work on school property when school is in session, unless all employees who will have access to school buildings demonstrate that 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. The provisions of the bill provide that the Commissioner of Education is to apply the same requirements, procedures, and standards, and proceed in the same manner as the commissioner determines eligibility for public school employment under current law. Pursuant to the provisions of the bill, a third-party contractor who conducts short-term or long-term work on school property when school is in session is required to submit to the school or the Schools Development Authority, as applicable, a list of individuals who will be employed by the contractor for the construction or public works project and certify that each employee has undergone a criminal history record check. Under current law, any employer who fails to comply with the provisions of current law concerning criminal history record checks in public school employment is to be subject to a fine of not more than $500. The bill increases this fine to $1,000 for a first offense and $5,000 for a second and each subsequent offense. The bill also stipulates that in the case of a third-party contractor who commits a third offense, the contractor is to be ineligible to, and cannot, bid on, submit a proposal for, or enter into or renew, a contract with a State agency for goods and services, for a period of three years from the date of the determination that the third-party contractor violated the provisions of the current law or the provisions enumerated in the bill. Under current State Board of Education regulations and the "School Safety and Security Manual: Best Practices Guidelines" issued by the Department of Education, a school district is required to establish a visitor policy. The provisions of the bill require each school district to review and update its visitor policy to provide for the registration of a general contractor, subcontractor, or any other worker conducting public works activities, including the employees of third-party contractors, who conduct short-term and long-term work on school property upon entrance to the school building. Finally, the bill requires the commissioner and the Domestic Security Preparedness Task Force revise the "School Safety and Security Manual: Best Practices Guidelines" to include guidance to assist school districts in reviewing and updating the district's visitor policy in accordance with the provisions of the bill.

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John Burzichelli (D)*, 

Introduced in the Senate, Referred to Senate Education Committee (on 06/06/2024)

Official Document