Bill > A4553

Introduced Session

This bill, entitled the "Safer Students Act," makes numerous changes to the current law that requires school districts, charter schools, nonpublic schools, and certain contracted service providers to review the employment history of a prospective employee for allegations of child abuse or sexual misconduct. Additionally, the bill establishes similar requirements for institutions of higher education. Current law requires all employers in the State to report certain employee information of all hires to the Department of Human Services. This bill requires that the information be shared with any school district, charter school, nonpublic school, contracted service provider, or institution of higher education conducting an employment verification pursuant to the bill's provisions. Under the bill, these hiring entities are required to verify the employment history listed by an applicant using the records available through the Department of Human Services. The bill requires a school district, charter school, nonpublic school, or contracted service provider that contracts with a district or school to utilize the standardized employment history forms developed by the Department of Education. The bill also requires these entities to utilize any other standardized forms developed by the department required to carry out the provisions of the "Safer Students Act." Similarly, the bill requires the Secretary of Higher Education to develop forms for applicants and employers that are to be used to comply with the requirements of this bill, as well as any other forms necessary to carry out the provisions of this bill. The bill also requires these hiring entities to maintain their hiring records. This bill provides that if an applicant applying for employment with a public or nonpublic school willfully provides false information or willfully fails to disclose information on an application the applicant is to be subject to discipline up to, and including, termination or denial of employment, as deemed appropriate by the department. The bill prohibits the governing body of an institution of higher education from employing a person serving in a position which involves regular contact with students unless the institution conducts a review of the applicant's employment history by obtaining from former and current employers information regarding child abuse and sexual misconduct allegations. The applicant is required to list employers from the prior 20 years that were institutions of higher education, schools, or places where the employment involved direct contact with children. The institution is required to ask those employers for certain information related to any potential allegations made or disciplinary or licensure actions taken against the applicant. The applicant is required to also provide a written statement disclosing any of the same matters. The bill provides that the governing body of an institution of higher education may not enter into a collectively bargained or negotiated agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that impacts the ability to report or investigate suspected child abuse or sexual misconduct. The bill provides that an applicant to an institution of higher education who gives false information or willfully fails to disclose required information will be subject to discipline, including termination or denial of employment. The applicant may also be subject to certain civil penalties. Under the bill, the State Auditor may audit the hiring records of a school district, charter school, nonpublic school, contracted service provider holding a contract with a district or school, or institution of higher education to ensure compliance with the provisions of the "Safer Students Act." The State Auditor is directed to annually conduct a total of 30 randomly selected audits of school districts, charter schools, nonpublic schools, and contracted service providers and three randomly selected audits of institutions of higher education. Additionally, the State Auditor may immediately conduct an audit of the hiring practices of an entity that is reported to be not in compliance with the provisions of the "Safer Students Act." This bill requires the Secretary of Higher Education to establish a public awareness campaign to publicize the provisions of the bill and to ensure applicants and employers are aware of their respective rights and responsibilities under the bill. This bill requires the department and the secretary to establish a procedure for the prompt investigation of allegations of child abuse or sexual misconduct by a school employee and employees of an institution of higher education. The bill includes numerous requirements for this procedure and requires school districts, charter schools, nonpublic schools, and institutions of higher education to utilize the procedure established by the bill for any investigation regarding an allegation of child abuse or sexual misconduct by an 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. Additionally, the bill requires the department and secretary to provide training, free of charge, to all designated employees. A designated employee is required to complete the training prior to conducting an investigation of an allegation of child abuse or sexual misconduct by an employee, and annually thereafter. The department and secretary are also required to establish guidelines to assist school districts, charter schools, nonpublic schools, and institutions of higher education in implementing the investigation procedure and for determining when to refer an allegation of child abuse or sexual misconduct to law enforcement. The bill clarifies that this investigation procedure is not to be construed to supersede requirements under current law for the reporting of child abuse by school employees. The bill directs the superintendent or chief school administrator of each school district, charter school, and nonpublic school to designate a compliance specialist, who shall ensure compliance of the district or school with the bill's provisions. A contracted service provider is to identify in its contract with a district or school the employee responsible for ensuring compliance with the provisions of the "Safer Students Act." The bill also requires designation of a compliance specialist by an institution of higher education for the same purpose. The bill directs the Commissioner of Education to establish a range of penalties to be imposed on a school district, charter school, nonpublic school, or contracted service provider, for noncompliance with the "Safer Students Act" including fines and, as applicable, the withholding of all or part of the district's State aid.In addition, the commissioner is to establish a range of penalties to be imposed on the compliance specialist of a school district, charter school, or nonpublic school, or any other employee of a school district, charter school, nonpublic school, or contracted service provider, for noncompliance with the "Safer Students Act" including fines, modification or termination of employment, and suspension or revocation of the employee's license or certification. Finally, the bill directs the commissioner to publish on its Internet website a list of all school districts, charter schools, nonpublic schools, and contracted service providers with one or more incidents of noncompliance with the "Safer Students Act". Similarly, the bill directs the Secretary of Higher Education to establish a range of penalties to be imposed on an institution of higher education or persons employed at the institution, for noncompliance with the "Safer Students Act" including fines and withholding or reduction of State appropriation for operations. The secretary is to also establish a range of penalties to be imposed on a designee or employee of the institution, for noncompliance with the "Safer Students Act" including, but not limited to, fines, modification or termination of employment, or other disciplinary action. The secretary is to publish on its Internet website a list of all institutions of higher education with one or more incidents of noncompliance with the "Safer Students Act." 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." The sponsor of this bill intends to strengthen the laws currently in place that require school districts, charter schools, nonpublic schools, and contracted service providers to review the employment history of prospective employees for allegations of child abuse or sexual misconduct. Additionally, the sponsor intends to extend the same protections from sexual predators offered to students enrolled in kindergarten through grade 12 by current law to college and graduate students, whose positions of vulnerability in the academic setting also can be exploited by predatory members of faculties, athletic departments, and administrations.

AI Summary

Committee Categories

Jay Webber (R)*, 

Introduced, Referred to Assembly Education Committee (on 06/13/2024)

Official Document