New Jersey § 18a:39-19

§ 18a:39-19.

a. Prior to employment as a school bus driver, and upon application for renewal of

a school bus driver's license, a bus driver shall submit to the Commissioner of Education the driver's name, address, and fingerprints in accordance with procedures established by the

commissioner. No criminal history record check or check for alcohol and drug-related motor vehicle

violations shall be furnished without the driver's written consent to such a check. The applicant shall bear the cost for the checks, including all costs for administering

and processing the checks. Upon receipt of the criminal history record information for an applicant from the

Federal Bureau of Investigation and the Division of State Police, and information

on the check for alcohol and drug-related motor vehicle violations from the New Jersey Motor Vehicle Commission , the Commissioner of Education shall notify the applicant, in writing, of the applicant's

qualification or disqualification as a school bus driver. If the applicant is disqualified, the convictions which constitute the basis for

the disqualification shall be identified in the written notice to the applicant. A school bus driver, except as provided in subsection e. of this section, shall

be permanently disqualified from employment or service if the individual's criminal

history record reveals a record of conviction for which public school employment candidates

are disqualified pursuant to section 1 of P.L.1986, c. 116 ( C.18A:6-7.1 ) or if the driver has been convicted at least two times within the last 10 years

for a violation of R.S.39:4-50 , section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ), section 5 of P.L.1990, c. 103 ( C.39:3-10.13 ), or section 16 of P.L.1990, c. 103 ( C.39:3-10.24 ); once for a violation of section 5 of P.L.1990, c. 103 ( C.39:3-10.13 ) or section 16 of P.L.1990, c. 103 ( C.39:3-10.24 ) while transporting school children ; or once for a violation of subsection b. or subsection c. of section 1 of P.L.2017, c. 347 ( C.2C:40-26.1 ) . Following qualification for employment as a school bus driver pursuant to this section,

the State Bureau of Identification shall immediately forward to the Commissioner of

Education any information which the bureau receives on a charge pending against the

school bus driver. If the charge is for one of the crimes or offenses enumerated in section 1 of P.L.1986,

c. 116 ( C.18A:6-7.1 ), the commissioner shall notify the employing board of education or contractor, and

the board or contractor shall take appropriate action. If the pending charge results in conviction, the school bus driver shall not be

eligible for continued employment. A school bus driver shall not be eligible to operate a school bus if the individual's

bus driver's license is currently revoked or suspended by the New Jersey Motor Vehicle Commission in accordance with R.S.39:3-10.1 or if the individual's passenger endorsement or special license issued pursuant to R.S.39:3-10.1 is revoked by the New Jersey Motor Vehicle Commission for life in accordance with

section 2 of P.L.2017, c. 347 ( C.18A:39-19.5 ) . Following qualification for employment as a school bus driver, the New Jersey Motor Vehicle Commission shall immediately forward to the Commissioner of Education any information which

the division receives on a conviction for an alcohol or drug-related motor vehicle

violation that would disqualify the driver from employment pursuant to the provisions

of this subsection. The commissioner shall notify the employing board of education or contractor that

the driver is no longer eligible for employment. b. Notwithstanding the provisions of this section, an individual shall not be disqualified

from employment or service under this act on the basis of any conviction disclosed

by a criminal history record check or a check for alcohol and drug-related motor vehicle

violations performed pursuant to this section without an opportunity to challenge

the accuracy of the disqualifying records. c. When charges are pending for a crime or any other offense enumerated in section

1 of P.L.1986, c. 116 ( C.18A:6-7.1 ), the employing board of education or contractor shall be notified that the candidate

shall not be eligible for employment until the commissioner has made a determination

regarding qualification or disqualification upon adjudication of the pending charges. d. The applicant shall have 30 days from the date of the written notice of disqualification

to challenge the accuracy of the criminal history record information or the record

of convictions for an alcohol or drug-related motor vehicle violation. If no challenge is filed or if the determination of the accuracy of the criminal

history record information or the record of convictions for an alcohol or drug-related

motor vehicle violation upholds the disqualification, notification of the applicant's

disqualification for employment shall be forwarded to the New Jersey Motor Vehicle Commission . The local board of education or the school bus contractor and the County Superintendent

of Schools shall also be notified of the disqualification. Notwithstanding the provisions of any law to the contrary, the Chief Administrator of the New Jersey Motor Vehicle Commission shall, upon notice of disqualification from the Commissioner of Education, immediately

revoke the applicant's special license issued pursuant to R.S.39:3-10.1 without necessity of a further hearing. Candidates' records shall be maintained in accordance with the provisions of section

4 of P.L.1986, c. 116 ( C.18A:6-7.4 ). e. This section shall first apply to criminal history record checks conducted on or

after the effective date of P.L.1998, c. 31 ( C.18A:6-7.1c et al.); except that in the case of a school bus driver employed by a board of education

or a contracted service provider who is required to undergo a check upon application

for renewal of a school bus driver's license, the individual shall be disqualified

only for the following offenses: (1) any offense enumerated in this section prior to the effective date of P.L.1998, c. 31 ( C.18A:6-7.1c et al.); and (2) any offense enumerated in this section which had not been enumerated in this section

prior to the effective date of P.L.1998, c. 31 ( C.18A:6-7.1c et al.), if the person was convicted of that offense on or after the effective date

of that act. f. (1) Notwithstanding any provision of this section to the contrary, the check for

alcohol and drug-related motor vehicle violations shall be conducted in accordance

with the provisions of this section prior to initial employment as a school bus driver

and upon application for renewal of a school bus driver's license until such time

as the provisions of the “Motor Carrier Safety Improvement Act of 1999,” Pub. L. 106-159 , are effective and implemented by the State. (2) Notwithstanding any provision of this section to the contrary, upon the implementation

by the State of the “Motor Carrier Safety Improvement Act of 1999,” Pub. L. 106-159 , a check for alcohol and drug-related motor vehicle violations shall be conducted

in accordance with the provisions of this section prior to initial employment as a

school bus driver. A check for alcohol and drug-related motor vehicle violations conducted for any

subsequent renewal of a school bus driver's license shall be subject to the provisions

of the “Motor Carrier Safety Improvement Act of 1999,” Pub. L.106-159. (3) Upon the implementation by the State of the “Motor Carrier Safety Improvement

Act of 1999,” Pub. L. 106-159 , following qualification for employment as a school bus driver, the New Jersey Motor Vehicle Commission shall immediately notify the Commissioner of Education of the suspension or revocation

of a school bus driver's commercial driver's license. The commissioner shall notify the employing board of education or contractor of

the suspension or revocation, and the employment of the school bus driver shall be

immediately terminated. In the case of a school bus driver whose commercial driver's license has been suspended,

the driver may apply for re-employment at the end of the period of suspension.