12. A board of education or contracted service provider may employ an applicant on an emergent basis for a period not to exceed three months, pending completion of a criminal history records check and, with respect to a bus driver applicant, a check for the driver’s record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C. 18A:39-19.1), if the board or service provider demonstrates to the Commissioner of Education that special circumstances exist which justify the emergent employment. The board’s or service provider’s request to the commissioner shall include: (1) a description of the vacant position that needs to be filled; (2) a statement describing the board’s or contract provider’s good faith efforts to fill the position on a timely basis or a statement describing the unanticipated need for the applicant’s employment; and (3) a sworn statement submitted by the applicant attesting that the applicant has not been convicted or does not have a charge pending for a crime or any other offense enumerated in section 1 of P.L.1986, c.116 (C. 18A:6-7.1) or a record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C. 18A:39-19.1).

In the event that the background check is not completed within three months, the board or contracted service provider may petition the commissioner for an extension of time, not to exceed two months, in order to retain the employee.

L.1998,c.31,s.12; amended 2003, c.66, s,1.