5. a. After reviewing the information disclosed under subsection b. of section 2 of this act and finding an affirmative response to any of the inquiries in paragraph (2) of subsection b. of section 2 of this act, the prospective employer, prior to determining to continue with the applicant’s job application process, shall make further inquiries of the applicant’s current or former employer to ascertain additional details regarding the matter disclosed.

b. A school district, charter school, nonpublic school, or contracted service provider may employ or contract with an applicant on a provisional basis for a period not to exceed 90 days pending review by the school district, charter school, nonpublic school, or contracted service provider of information received pursuant to section 2 of this act, provided that all of the following conditions are satisfied:

(1) the applicant has complied with subsection a. of section 2 of this act;

(2) the school district, charter school, nonpublic school, or contracted service provider has no knowledge or information pertaining to the applicant that the applicant is required to disclose pursuant to paragraph (3) of subsection a. of section 2 of this act; and

(3) the school district, charter school, nonpublic school, or contracted service provider determines that special or emergent circumstances exist that justify the temporary employment of the applicant.

L.2018, c.5, s.5.