New Jersey § 18a:6-7

§ 18a:6-7.

A facility, center, school, or school system under the supervision of the Department

of Education and board of education which cares for, or is involved in the education

of children under the age of 18 shall not employ for pay or contract for the paid

services of any teaching staff member or substitute teacher, teacher aide, child study

team member, school physician, school nurse, custodian, school maintenance worker,

cafeteria worker, school law enforcement officer, school secretary or clerical worker

or any other person serving in a position which involves regular contact with pupils

unless the employer has first determined consistent with the requirements and standards

of this act, that no 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 being employed or utilized in such capacity

or position. An individual employed by a board of education or a school bus contractor holding

a contract with a board of education, in the capacity of a school bus driver, shall

be required to meet the criminal history record requirements pursuant to section 6

of P.L.1989, c. 104 ( C.18A:39-19.1 ). A facility, center, school, or school system under the supervision of the Department

of Education and board of education which cares for, or is involved in the education

of children under the age of 18 may require criminal history record checks for individuals

who, on an unpaid voluntary basis, provide services that involve regular contact with

pupils. In the case of school districts involved in a sending-receiving relationship, the

decision to require criminal history record checks for volunteers shall be made jointly

by the boards of education of the sending and receiving districts. An individual, except as provided in subsection g. of this section, shall be permanently

disqualified from employment or service under this act if the individual's criminal

history record check reveals a record of conviction for any crime of the first or

second degree; or a. An offense as set forth in chapter 14 of Title 2C of the New Jersey Statutes, or

as set forth in N.J.S.2C:24-4 and 2C:24-7 , or as set forth in R.S.9:6-1 et seq. , or as set forth in N.J.S.2C:29-2 ; or b. An offense involving the manufacture, transportation, sale, possession, distribution

or habitual use of a “controlled dangerous substance” as defined in the “Comprehensive

Drug Reform Act of 1987,” N.J.S.2C:35-1 et al. or “drug paraphernalia” as defined pursuant to N.J.S.2C:36-1 et seq. ; or c. (1) A crime involving the use of force or the threat of force to or upon a person

or property including, but not limited to, robbery, aggravated assault, stalking,

kidnapping, arson, manslaughter and murder; or (2) A crime as set forth in chapter 39 of Title 2C of the New Jersey Statutes, a third

degree crime as set forth in chapter 20 of Title 2C of the New Jersey Statutes, or

a crime as listed below: Recklessly endangering another person N.J.S.2C:12-2 Terroristic threats N.J.S.2C:12-3 Criminal restraint N.J.S.2C:13-2 Luring, enticing child into motor vehicle, structure or isolated area P.L.1993, c. 291 (C.2C:13-6) Causing or risking widespread injury or damage N.J.S.2C:17-2 Criminal mischief N.J.S.2C:17-3 Burglary N.J.S.2C:18-2 Usury N.J.S.2C:21-19 Threats and other improper influence N.J.S.2C:27-3 Perjury and false swearing N.J.S.2C:28-3 Resisting arrest N.J.S.2C:29-2 Escape N.J.S.2C:29-5 Bias intimidation N.J.S.2C:16-1; or (3) Any crime of the fourth degree involving a victim who is a minor; or (4) Conspiracy to commit or an attempt to commit any of the crimes described in this

act. d. For the purposes of this section, a conviction exists if the individual has at

any time been convicted under the laws of this State or under any similar statutes

of the United States or any other state for a substantially equivalent crime or other

offense. e. 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 record check performed pursuant to this act without an opportunity to

challenge the accuracy of the disqualifying criminal history record. f. When charges are pending for a crime or any other offense enumerated in this section,

the employing board of education 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. g. 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 an individual employed by a board of education

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

with another board of education or contracted service provider, 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.