Bill A444

Today the Assembly will vote on bill A444, upon passage of through the Assembly the Senate will have its vote. For your edification an explanation of the bill is posted below.

The Senate amended the bill to require a member of a charter school board of trustees to undergo a criminal history record check and would disqualify that individual for the same offenses that would disqualify a member of a board of education under the provisions of the bill. The amendments would also permit a board of education or a charter school to reimburse a school board member or a member of the board of trustees, as appropriate, for the costs of the criminal history record check.

This bill would provide that any person elected or appointed to any board of education would be disqualified from service on the board because of a current or past conviction for any of the crimes that, under existing law, disqualify an individual from holding employment in a public school. It provides that the oath of office taken by a member of a board of education prior to assuming office will contain a specific declaration that the member is not disqualified from holding that office due to conviction of one of those crimes or offenses. A member who falsely swears or affirms that he is not disqualified due to a conviction would be guilty of a crime of the fourth degree.

In addition, the bill would require each member of a board of education, within 30 days of election or appointment to that board, to undergo a criminal history background investigation for the purpose of ensuring that the member is not disqualified from membership due to a conviction of a crime or offense. The State Bureau of Identification would immediately inform the Commissioner of Education of any new charges filed against any member who has previously undergone a background investigation. A board member holding office on the bill’s effective date must undergo a background investigation within 30 days.

This bill would take effect immediately.

In order to enhance school safety and the welfare of the State’s students, current law disqualifies an individual convicted of certain crimes from employment in a public school.

These crimes include any crime of the first or second degree; 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," or "drug paraphernalia"; 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; a third degree crime, or any of the following crimes: recklessly endangering another person; terroristic threats; criminal restraint; luring, enticing child into motor vehicle structure or isolated area; causing or risking widespread injury or damage; criminal mischief; burglary; threats and other improper influence; perjury and false swearing; resisting arrest; any crime of the fourth degree involving a victim who is a minor; or conspiracy to commit or an attempt to commit any of the aforesaid crimes.

This bill would expand current law to disqualify any person elected or appointed to any board of education who has been convicted of any of the above crimes. Under the bill, the cost of the background investigation would be the responsibility of the school board member, but unexpended campaign funds may be used for this purpose.

ASSEMBLY ACTION:

A-444 was prefiled and referred to the Assembly Law and Public Safety Committee (ALP). ALP reported the bill on June 10, 2010 by a vote of 7-0-1. YES: Johnson, Albano, Evans, Moriarty, Bramnick, Handlin, Rible. ABSTAIN: Wilson. On June 21, 2010 it passed the assembly by a vote of 80-0 and was referred to the Senate Education Committee (SED).

On January 6, 2011, A-444 was received in the Assembly for concurrence with Senate amendments.

SENATE ACTION:
S-295 (Allen/Buono) was prefiled and referred to the Senate Education Committee (SED). It was reported from SED on October 14, 2010 by a vote of 5-0. YES: Ruiz, Whelan, Turner, Kean, Allen.

On December 20, 2010 A-444 was substituted for S-295 and amended in the Senate. The Senate amended the bill to require a member of a charter school board of trustees to undergo a criminal history record check and would disqualify that individual for the same offenses that would disqualify a member of a board of education under the provisions of the bill. These amendments would also permit a board of education or a charter school to reimburse a school board member or a member of the board of trustees, as appropriate, for the costs of the criminal history record check. On December 20, 2010 it passed the Senate by a vote of 36-0.

LAST SESSION ACTION:
A-4019 (Green/Bramnick/Conners/Conaway) was introduced on June 4, 2009 and referred to the Assembly Law and Public Safety (ALP). S-157 (Allen/Buono) was prefiled and referred to the Senate Education Committee (SED).

This bill has not been certified for a fiscal note and should not impact State or local finances.