Pass the Trash NJSBA has updated policies 4111 Recruitment, Selection and Hiring (certified staff members) and 4211 Recruitment, Selection, and Hiring (noncertified staff members). These policies were both updated to reflect new requirements that resulted from P.L. 2018, c.5, known as the “Pass the Trash” law supplementing Title 18A Chapter 6 creating N.J.S.A. 8A:6-7.6 through N.J.S.A. 18A:6-7.13.

The new law requires the district to conduct employment history checks on applicants who are applying for positions in the district that involve regular contact with students. Information must be requested from the applicant and verified with current or former employers of the applicant regarding:

  • Child abuse or sexual misconduct investigations involving the applicant;
  • If the applicant was disciplined, discharged or separated from employment for child abuse or sexual misconduct; and/or
  • If the applicant 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 applicant must provide written authorization that consents to and authorizes disclosure of the information and records, and that releases those employers from liability that may arise from the disclosure or release of records. This does not apply if, after investigation, the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated.

The law also prohibits districts and charter schools from entering into nondisclosure agreements when staff members separate from employment.

The following new sections were added to policies 4111 and 4211 Recruitment, Selection and hiring:

  • Employment History – Definitions
  • Required Disclosure of Employment History
  • Review of the Employment History
  • Review of Out-of-State Employment History
  • Nondisclosure Agreements

Term changes Only The Electronic Violence and Vandalism Reporting System (EVVRS) is no longer being used by the Department of Education and has been replaced with the Student Safety Data System (SSDS). The following policies were updated to include this term change:

  • 5131 Conduct and Discipline
  • 5131.1 Harassment, Intimidation and Bullying
  • 5131.5 Violence and Vandalism
  • 5131.6 Substance Abuse
  • 5145.4 Equal Educational Opportunity
  • 6171.4 Special Education

You may directly download these policy updates from the Critical Policy Reference Manual (district or charter versions) or the Policy Update List on your password-protected Policy Resources webpage at www.njsba.org.  You may also contact a policy consultant at (609)278-5268, or email Jean Harkness at jharkness@njsba.org or Steve McGettigan, policy manager at smcgettigan@njsba.org.

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