Bill > A2531

Introduced Session

This bill prohibits a school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school from considering applications for paid employment or contracting for the paid services of any person seeking to serve in a position which involves regular contact with students unless the school district, charter school, nonpublic school, or contracted service provider conducts a review of the employment history of the applicant by contacting former and current employers and requesting information regarding child abuse and sexual misconduct allegations involving children. The school district, charter school, nonpublic school, or contracted service provider must ask those employers for a statement as to whether the applicant: · was the subject of an investigation of any child abuse or sexual misconduct involving children, by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, if the investigation resulted in a finding that the allegations were substantiated; · was disciplined, discharged, nonrenewed, asked to resign from employment, or resigned from or otherwise separated from any employment due to an adjudication or finding that child abuse or sexual misconduct with a child was substantiated; or · has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct involving children were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct involving children. The applicant must also provide his own written statement disclosing any of the same matters. The applicant must provide a written authorization that consents to and authorizes disclosure of the information requested by the prospective employer and releases the applicant's former and current employers from any liability arising from the disclosure. The information received by a prospective employer under the provisions of this bill is deemed not to be a public record. In addition, the bill provides that the entity providing information or records to the prospective employer will be immune from criminal and civil liability for the disclosure of the information, unless the information or records provided were knowingly false. On or after the date of enactment of this bill, a school district, charter school, nonpublic school, or contracted service provider may not enter into an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that: · has the effect of suppressing or destroying information relating to an investigation related to a report of suspected child abuse or sexual misconduct involving children by a current or former employee; · affects the ability of the school district, charter school, nonpublic school, or contracted service provider to report suspected child abuse or sexual misconduct involving children to the appropriate authorities; or · requires the school district, charter school, nonpublic school, or contracted service provider to expunge information about allegations or findings of suspected child abuse or sexual misconduct involving children from any documents maintained by the school district, charter school, nonpublic school, or contracted service provider, unless after investigation the allegations were not found to be substantiated. Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into after the date of enactment of the bill and that is contrary to these requirements will be void and unenforceable. An applicant who willfully gives false information or willfully fails to disclose information required to be provided under the bill may be subject to discipline, including termination or denial of employment, subject to the applicant's right to contest the truth of the accusations against him by grievance, tenure proceeding or court action. The applicant also may be deemed in violation of N.J.S.2C:28-3 which concerns false statements to authorities, and may be subject to certain civil penalties. The prospective employer is required to provide notification of these possible penalties to prospective employees in the employment application.

AI Summary

Committee Categories

JoAnn Downey (D)*,  Joe Lagana (D)*,  Pam Lampitt (D)*,  Eric Houghtaling (D), 

Introduced, Referred to Assembly Education Committee (on 02/01/2018)