Board Member Criminal Background Checks Now Law

As discussed at our last board meeting, the bill A-444 which requires school board members to undergo criminal background checks was signed into law today. Interestingly, this law does not apply to any form of public office beyond the local school board level. Read full article below:

On May 26, Gov. Chris Christie signed into law A-444, which requires school board members and charter school trustees to undergo criminal background history checks and would disqualify board members who have been convicted of certain crimes.  

Current school board members will have to undergo a background investigation within 30 days.  When new members are elected or appointed to a board, they must undergo a criminal history background check within the first 30 days of being elected or appointed.

Who Pays The cost of the background investigation will be the responsibility of the school board member, but unexpended campaign funds may be used for this purpose. The law also allows local boards of education or charter schools to reimburse individuals for these costs.

NJSBA successfully advocated for the change to the bill that allows boards to reimburse members for these costs.

NJSBA has created a sample resolution for school boards that want to demonstrate its intent to reimburse for board-member criminal history background checks.

In addition, the NJSBA Legal & Policy Services Department has developed a sample bylaw that school districts may adopt to memorialize a reimbursement policy for the background checks. It is available upon request from Lisa Deon at (609) 278-5222 or via email.

Board Member Oath Under existing law, a candidate for election to a board of education, when filing a nominating petition, must certify that the candidate is legally qualified to hold that office. Making a false statement in connection with a nominating petition is a crime of the fourth degree.

The new law provides that the oath of office taken by a school board member before 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 that he or she is not disqualified due to a conviction would be guilty of a fourth-degree crime. 

The State Bureau of Identification will immediately inform the state commissioner of education of any new charges filed against any board member who has previously undergone a background investigation.