Governor Mikie Sherrill • Lt. Governor Dr. Dale G. Caldwell

Pass the Trash (P.L. 2018, c. 5)

New Jersey's Pass the Trash law requires certain information to be exchanged during the hiring process for positions involving regular contact with students.  The law establishes responsibilities for four parties:

  1. Prospective Employee
  2. Prospective Employer
  3. Prior Employer
  4. New Jersey Department of Education (NJDOE)

Understanding these responsibilities will help ensure compliance with the law and reduce delays in the hiring process.

I. Responsibilities of Employee

A Prospective Employee must:

  • Complete all disclosure forms required by the Prospective Employer.
  • Provide complete and accurate prior employment information.
  • Sign all required authorization and consent forms.
  • Provide truthful responses regarding any reportable investigations, disciplinary actions, or professional license suspensions or revocations.
  • Respond to requests for additional information from the Prospective Employer

Please Note

Failure to provide complete or truthful information may affect employment eligibility and may result in disciplinary action, discharge, or termination as determined by the Prospective Employer and applicable law.

II. Responsibilities of Prospective Employer

A Prospective Employer is responsible for administering the Pass the Trash review process and must:

  • Provide required Pass the Trash forms and documentation to the Prospective Employee.
  • Obtain all signed disclosure and authorization forms.
  • Request information from each Prior Employer identified by the Prospective Employee.
  • Review all information received before making an employment decision.
  • Maintain required employment review documentation.
  • Ensure compliance with the requirements of P.L. 2018, c. 5 throughout the hiring process.

Important

The Prospective Employer is responsible for obtaining and evaluating the information required by law before making an employment determination.

III. Prior Employer Responsibilities

A Prior Employer must:

  • Respond to requests for information from a Prospective Employer.
  • Provide information required under P.L. 2018, c. 5 within the statutory timeframe.
  • Supply accurate employment information concerning the Prospective Employee as required by law.

IV. NJDOE Office of Student Protection (OSP)

The Office of Student Protection provides educational resources regarding the Pass the Trash law.

OSP:

  • Provides guidance regarding statutory requirements
  • Maintains downloadable forms and informational resources
  • Assists constituents in understanding P.L. 2018, c. 5

OSP Does Not:

  • Administer employment reviews
  • Contact Prior Employers on behalf of Prospective Employers
  • Maintain employer contact information
  • Collect or maintain employment review records
  • Receive completed disclosure documentation
  • Determine employment eligibility

Key Reminder

The NJDOE Office of Student Protection provides guidance and resources regarding the Pass the Trash law but is not a participant in the employment review process unless the NJDOE itself served as the individual's prior employer.