Schools

Board Mulls Background Check Law

A law signed May 26 would require Board of Education members to undergo criminal background checks.

A new law means Board of Education members will be subject to criminal background checks, though the question for Hillsborough’s Board of Education is who foots the bill.

Signed into law on May 26, the rule requires board members and charter school trustees to undergo criminal background checks within 30 days of being elected or appointed to a charter school board, according to the New Jersey School Boards Association.

Board members have the option of paying for the background checks out-of-pocket or having the district reimburse the cost. The price of the checks can range, with the board hearing prices as high as $100, according to Policy Committee Chairman Judy Haas.

Find out what's happening in Hillsboroughwith free, real-time updates from Patch.

The checks must be performed by a state-approved agency and must be processed by the Department of Education.

“My thoughts are, unscripted, we’re volunteers, we’re not getting paid for this,” Board President Steven Paget said. “The state is coming in and probably other districts have had problems, so the state is going to require this to be done and we’re going to have to pay for it. Generally, I figure we should get reimbursed for this because it is a state requirement. But if we are making our volunteer coaches do this and they’re not getting reimbursed for it, I don’t know.”

Find out what's happening in Hillsboroughwith free, real-time updates from Patch.

According to Assistant Superintendent for Personnel Scott Rocco, the district’s volunteer policy does allow the district to reimburse volunteer coaches and advisors for their background checks, though the volunteers receive no additional compensation.

“I figured if we had a policy that said volunteers had to pay their own way, if we’re making other people do that, then I would be willing to pay my own way,” Paget responded. “But if we’re saying volunteers are putting forth the effort and not getting any pay, then we should pay for their background checks or not have the board pay for our background checks.”

Campaign funds can be used to pay for the background checks, should the board decide against reimbursement.

Crimes involving controlled dangerous substances and drug paraphernalia, robbery, aggravated assault, stalking, kidnapping, arson, manslaughter and murder, recklessly endangering another person, terroristic threats, criminal restraint, luring or enticing a child, causing or risking widespread injury or damage, criminal mischief, burglary, threats or improper influence, resisting arrest, bias intimidation, escape, perjury or false swearing and usury would prevent someone from serving as a board of education member, according to the law.

“Anyone who has been found to be convicted of certain crimes would not be able to serve,” Mike Yaple, spokesman for the New Jersey School Boards Association, said. “Essentially, these are the same five crimes that teachers are checked for.”

Under the new law, the board member oath of office will include a specific statement saying that the board member is not disqualified from office because of a conviction.

Though the law initially proposed that board members pay for the checks out-of-pocket, the New Jersey School Boards Association asked that the law be amended to allow districts to reimburse members.

As a result, boards can decide whether to pay for the checks or whether the district will reimburse them.

“It’s tough to tell which way districts are leaning because it’s so new,” Yaple said. “When this came out, we supported it but said charter school trustees should be included in the checks.”

The policy states that board members would need to undergo the checks one month after the law’s May approval date. However, the sheer number of board members—4,800, not including charter school trustees, according to Yaple—had the Department of Education postponing the background check deadline.

“It will get done but it won’t get done in 30 days,” Yaple said. “They (the Department of Education) need to receive clearance from the federal officials before they can have this done. The center that actually does this has to implement changes in order to do it.”

Most boards have accepted the checks with little dissent, and minimum disruption to their structure, Yaple said.

“Whenever you have an organization with 4,800 members, you will have members who object,” he said. “But generally, there has been support for this.”

“It’s never been require for school board members because school board members never really had any sort of regular contact with students,” he added.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here