Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Revises law requiring school districts, charter schools, nonpublic schools, and contracted service providers to review employment history of prospective employee for allegations of child abuse or sexual misconduct.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school employees and amending and supplementing P.L.2018, c.5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2018, c.5 (C.18A:6-7.7) is amended to read as follows:
2. A school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school shall not employ for pay or contract for the paid services of any person serving in a position which involves regular contact with students unless the school district, charter school, nonpublic school, or contracted service provider:
a. Requires the applicant to provide:
(1) A list, including name, address, telephone number and other relevant contact information of the applicants:
(a) current employer;
(b) all former employers [within the last 20 years] that were schools; and
(c) all former employers [within the last 20 years] where the applicant was employed in a position that involved direct contact with children; and
(2) A written authorization that consents to and authorizes disclosure of the information requested [under] pursuant to subsection b. of this section and the release of related records by the applicants employers listed [under] pursuant to paragraph (1) of this subsection, and that releases those employers from liability that may arise from the disclosure or release of records;
(3) A written statement as to whether the applicant:
(a) has been the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
(b) has ever been disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(c) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct;
and
b. Conducts a review of the employment history of the applicant by contacting those employers listed by the applicant [under] pursuant to the provisions of paragraph (1) of subsection a. of this section and requesting the following information:
(1) The dates of employment of the applicant; and
(2) A statement as to whether the applicant:
(a) was the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families, unless the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
(b) was disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
(c) has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.
The review of the employment history may be conducted through telephonic, electronic, or written communications. If the review is conducted by telephone, the results of the review shall be documented in writing by the prospective employer. The prospective employer shall maintain a record of the review of the employment history of the applicant, which shall be subject to audit by the Commissioner of Education pursuant to the section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2018, c.5, s.2)
2. Section 3 of P.L.2018, c.5 (C.18A:6-7.8) is amended to read as follows:
3. a. An applicant who willfully provides false information or willfully fails to disclose information required in subsection a. of section 2 of [this act] P.L.2018, c.5 (C.18A:6-7.7)
(1) shall be subject to discipline up to, and including, termination or denial of employment, as deemed appropriate by the employer and the Department of Education;
(2) may be deemed in violation of subsection a. of N.J.S.2C:28-3; and
(3) may be subject to a civil penalty of not more than [$500] $10,000 which shall be collected in proceedings in accordance with the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.).
b. A school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school shall include a notification of the penalties set forth in this section on all applications for employment for positions which involve regular contact with students.
(cf: P.L.2018, c.5, s.3)
3. Section 4 of