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Home > Statutes > USA New Jersey
USA Statutes : new_jersey
Title : TITLE 18A EDUCATION
Chapter : 18A:6-4.
18A:6-4. Annual report of institutions receiving State aid and private schools 18A:6-4. The board, body or person in charge of each educational institution, except an institution of higher education, receiving support or aid from the State and of each private school shall report, annually on or before August 1, to the commissioner, in the manner and form required by him, and the board, body or person in charge of each educational institution of higher learning receiving support or aid from the State shall report in like manner to the Commission on Higher Education, such statistics relating to the conduct of such institution or school as he may require but no private school shall be required to report concerning its expenses or finances nor shall any such report made by it be published or made public. Amended 1994,c.48,s.47. 18A:6-4.1. Security officers of public and nonprofit educational institutions; training courses Upon application to, and approval by, the Superintendent of State Police security officers of public and nonprofit educational institutions of this State may be admitted to training courses conducted by the Division of State Police for State, county and municipal law enforcement officers, provided that the costs of such training as determined by the superintendent shall be paid to the State Treasurer by the private nonprofit institutions sending security officers to such training courses. L.1968, c. 197, s. 1, eff. July 19, 1968. 18A:6-4.2. Policemen; appointment by governing body of institution of learning The governing body of any institution of higher education, academy, school or other institution of learning may appoint such persons as the governing body may designate to act as policemen for the institution. L.1970, c. 211, s. 1, eff. Oct. 8, 1970. 18A:6-4.3. Application by policeman; approval; issuance of commission All applications shall, in the first instance, be made to the chief of police of the municipality in which the institution is located, except that where the municipality does not have an organized full time police department or where the institution is located within more than one municipality, application shall be made to the Superintendent of State Police. The chief of police or the superintendent, as the case may be, shall investigate and determine the character, competency, integrity and fitness of the person or persons designated in the application. If the application is approved by the chief of police or the superintendent, the approved application shall be returned to the institution which shall issue a commission to the person appointed, a copy of which shall be filed in the office of the superintendent and with the chief of police of the municipality or municipalities in which such institution is located. L.1970, c. 211, s. 2, eff. Oct. 8, 1970. 18A:6-4.3a Background investigations of university police officer candidates. 1. Notwithstanding the provisions of section 2 of P.L.1970, c.211 (C.18A:6-4.3) to the contrary, a college or university with an established police agency may conduct the complete investigation of an applicant@s criminal history, character, competency, integrity and fitness required by that section. L.2005,c.322,s.1. 18A:6-4.4. Police training course Every person so appointed and commissioned shall, within 1 year of the date of his commission, successfully complete a police training course at a school approved and authorized by the Police Training Commission; provided, however, that the Police Training Commission may, in its discretion, except from the requirements of this section any person who demonstrates to the commission@s satisfaction that he has successfully completed a police training course conducted by any Federal, State or other public or private agency, the requirements of which are substantially equivalent to the requirements of that at a school approved by the commission. L.1970, c. 211, s. 3, eff. Oct. 8, 1970. 18A:6-4.5. Police powers 4. Every person so appointed and commissioned shall possess all the powers of policemen and constables in criminal cases and offenses against the law anywhere in the State of New Jersey, pursuant to any limitations as may be imposed by the governing body of the institution which appointed and commissioned the person. L.1970,c.211; amended 1985,c.376,s.2; 1991,c.327,s.1. 18A:6-4.6. Name plate and shield Each policeman, when on duty, except when employed as a detective, shall wear in plain view a name plate and a metallic shield or device with the word ~police~ and the name or style of the institution for which he is appointed inscribed thereon. L.1970, c. 211, s. 5, eff. Oct. 8, 1970. 18A:6-4.7. Traffic and parking violations; authority; procedure on issuance of tickets In connection with traffic and parking violations, and policemen appointed pursuant to this act shall, while on duty and within the territorial limits of the municipalities in which the respective institutions are located, and with the concurrence of the chiefs of police of such municipalities have the power to enforce the laws regulating traffic and the operation of motor vehicles. Such policemen shall have authority to issue and use traffic tickets and summonses of the type now used by the New Jersey State Police with such changes as are necessitated by reason of this act. Upon the issuance of any traffic or parking ticket or summons, the same procedure shall be followed as now prevails in connection with the use of traffic and parking violation tickets by the municipalities of this State. L.1970, c. 211, s. 6, eff. Oct. 8, 1970. 18A:6-4.8. Application of concealed weapons law The provisions of N.J.S. 2A:151-41 shall not apply to any policemen appointed pursuant to the provisions of this act. L.1970, c. 211, s. 7, eff. Oct. 7, 1970. 18A:6-4.9. Repeal Sections 15:11-16 through 15:11-20, inclusive, of the Revised Statutes are hereby repealed; provided, however, that such repeal shall not affect the continuance in office, position or employment of any person heretofore appointed pursuant to such sections. L.1970, c. 211, s. 8, eff. Oct. 8, 1970. 18A:6-4.10. Construction of act Nothing in this act shall be construed to limit or impair the rights of any State, county or municipal law enforcement officer in the performance of his duties. L.1970, c. 211, s. 9, eff. Oct. 8, 1970. 18A:6-4.11. Severability If any provision of this act shall be adjudged by any court of competent jurisdiction to be ineffective, such determination shall not affect or impair the remaining provisions thereof but shall be confined in its operation to the provisions directly involved in a controversy in which said determination shall have been rendered. L.1970, c. 211, s. 10, eff. Oct. 8, 1970. 18A:6-4.12 Educational institution reimbursement. 2. a. If a person who was appointed as a police officer of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) resigns and is subsequently appointed as a police officer for another educational institution or for a county or municipal law enforcement agency, a State law enforcement agency or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person held a probationary appointment at the time of resignation or held a permanent appointment for 30 days or less prior to resignation, the educational institution, county or municipal law enforcement agency, or State law enforcement agency appointing the person, or the New Jersey Transit Corporation, shall be liable to the former educational institution for the total certified costs incurred by that former educational institution in the examination, hiring, and training of the person. b. If a person who was appointed as a police officer of an educational institution pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.) resigns and is subsequently appointed as a police officer for another educational institution or for a county or municipal law enforcement agency, State law enforcement agency or the New Jersey Transit Police Department pursuant to section 2 of P.L.1989, c.291 (C.27:25-15.1) within 120 days of resignation, and if that person held a permanent appointment for more than 30 days but less than two years at the time of resignation, the educational institution, county or municipal law enforcement agency or State law enforcement agency appointing the person, or the New Jersey Transit Corporation, shall be liable to the former educational institution for one-half of the total certified costs incurred by that former institution in the examination, hiring, and training of the person. c. Upon the appointment of a former police officer of an educational institution, the appointing educational institution, county or municipal law enforcement agency, State law enforcement agency or the New Jersey Transit Corporation shall notify the former educational institution immediately upon the appointment of a police officer formerly with that institution and shall reimburse the institution within 120 days of the receipt of the certified costs. d. As used in this section: ~County or municipal law enforcement agency~ means and includes, but is not limited to, a county or municipal police department or force, a county corrections department and a county sheriff@s office; ~Examination costs~ means and includes, but is not limited to, the costs of all qualifying examinations and public advertisements for these examinations. ~State law enforcement agency~ means and includes, but is not limited to, the police department of a State agency and the State Department of Corrections, but does not include the State Police. ~Training costs~ means the police training course fees and the base salary received while attending the police training course as required by section 3 of P.L.1970, c.211 (C.18A:6-4.4). L.1989,c.40,s.2; amended 2000, c.106, s.2. 18A:6-4.13 Nonpublic school employment candidates to demonstrate no criminal history. 1. Any nonpublic school may require all final candidates for employment or service under contract with the school as a teacher, substitute teacher, teacher aide, a school physician, school nurse, custodian, maintenance worker, bus driver, security guard, secretary or clerical worker or for any other position which involves regular contact with pupils, to demonstrate that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from employment in the public schools of this State pursuant to the provisions of P.L.1986, c.116 (C.18A:6-7.1 et seq.). Application of this requirement by a nonpublic school shall be consistent and nondiscriminatory among candidates. As used in this act, ~nonpublic school~ means an elementary or secondary school within the State, other than a public school, offering education in grades K-12 or any combination thereof, wherein a child may legally fulfill compulsory school attendance requirements. L.1989,c.229,s.1; amended 1998, c.31, s.1. 18A:6-4.14 Criminal history record check for applicant for nonpublic school employment 2. An applicant for employment or service in any of the positions covered by this act shall submit to the Commissioner of Education his or her name, address and fingerprints taken in accordance with procedures established by the commissioner. The commissioner is hereby authorized to exchange fingerprint data with and to receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. No criminal history record check shall be performed pursuant to this act unless the applicant shall have furnished his or her written consent to such a check. The applicant shall bear the cost for the criminal history record check, including all costs for administering and processing the check. L.1989,c.229,s.2; amended 1998, c.31, s.2; 2002, c.119, s.1. 18A:6-4.15. Determination, reporting of qualification; written notice, notice of pending charge 3. The commissioner shall apply the same requirements, procedures and standards and shall proceed in the same manner as is prescribed in P.L.1986, c.116 (C.18A:6-7.1 et seq.) for determining whether the applicant would be qualified or disqualified for employment in the public schools and shall inform the applicant of his determination in writing. The commissioner shall also provide written notification to the chief administrator of the nonpublic school, which requires the criminal history record check as a condition of employment, of his determination as to whether the candidate would be qualified or disqualified for employment in the public schools. Following qualification for employment pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against an employee of the nonpublic school which requires a criminal history record check as a condition of employment. If the charge is for one of the crimes or offenses enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the commissioner shall notify the chief administrator of the nonpublic school. L.1989,c.229,s.3; amended 1998, c.31, s.3; 2002, c.119, s.2. 18A:6-4.16 Records to be kept no longer than three years; exceptions. 4. The commissioner may maintain the criminal record and application documents on a candidate for no longer than three years from the date of a determination as to the candidate@s qualification or disqualification for employment with an employer. The three-year retention limitation shall not apply to statistical data on crimes and any other offenses or an ongoing list of candidates who are qualified or disqualified. All documents submitted by a candidate and all criminal history record information shall be maintained by the commissioner in a confidential manner. L.1989,c.229,s.4; amended 1998, c.31, s.4. 18A:6-4.17. Initial criminal history record check for substitute employees An individual employed in any substitute capacity or position by a nonpublic school which requires a criminal history record check, and who is rehired annually by that school, shall only be required to undergo a criminal history record check as authorized pursuant to this act upon initial employment. L.1989, c.229, s.5.
 
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