Background Check Bills Still Active

In the final days before the end of the fiscal year, the New Jersey legislature moved some school-related legislation on to the governor for his approval, while other issues such as criminal background checks for board members and volunteers are still in the legislature.

School board member background checks (A-444/S-295) passed unanimously in the Assembly on June 21, and the bill is currently in the Senate Education Committee.

The bill would require school board members to undergo criminal history background checks, and it would disqualify members convicted of any crime that would disqualify a person from working in a public school.

NJSBA was a prime supporter of the original statute requiring criminal background checks of prospective school employees. Based on its belief that students’ health and safety is a primary responsibility of school boards, it has supported expansion of that statute. Association policy currently supports disclosure of past criminal convictions by current and prospective school board members. NJSBA is calling for amendments to allow school districts to assume the cost of the background checks; to extend the background-check requirement to charter school trustees; and to make the requirement apply to all elected officials.

Background checks of volunteers (A-1019/S-438) passed the Assembly on June 28 by a 74-2-1 vote, and is now in the Senate Education Committee.

NJSBA expressed concerns about the chilling effect the bill could have on the participation of school volunteers, who are typically supervised, but whose service may range from ongoing to “one time” volunteering. The bill sponsor (Spencer) amended the measure to allow the state commission of education to define “volunteer.” 

Although legislators are heading into a summer recess, the legislation is still active throughout the current two-year legislative session, which ends in January 2012.

Some of the education-related bills passed in the Legislature and sent to Gov. Chris Christie include:

Interdistrict school choice (A-355), which establishes a permanent Interdistrict Public School Choice Program, passed both houses unanimously. It is on the governor’s desk, but not yet signed into law. The measure will allow children to attend schools in districts they don’t live in. This bill, which was supported by NJSBA, is entirely voluntary; local school districts may decide whether or not to participate. Currently, 15 districts participate in the program.

Summer school legislation (A-2794), which would allow school districts to charge fees for summer school, has also passed both houses and is now on the governor’s desk. NJSBA supports the measure, which was endorsed by school board members at NJSBA’s Delegate Assembly in May.

The governor has 45 days in which the Legislature is in session to approve, conditionally veto, or veto the bill. The deadline will extend beyond 45 calendar days because the Legislature is expected to take a summer recess. If the governor does nothing and the 45 legislative days pass, the bill goes into effect automatically.

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