State House Wrap Up – Week of May 6th, 2024
Jennie Lamon, Assistant Director of Government Relations
This week, the Assembly Education Committee, the Senate Education Committee, the Senate Transportation Committee, and the Senate Budget and Appropriations Committee all considered education-related legislation. Among the bills considered were the bills that would establish the Stabilized School Budget Aid Grant Program to restore certain portions of State school aid reductions, while also permitting those districts to exceed tax levy growth limitation in 2024-2025 school year. That bill will be considered by the full Senate on Monday and could land on the Governor’s desk as early as Thursday of next week. Read on to learn more about all of the education bills that saw action under the golden dome this week.
Authorizes establishment of charter school payment reserve account in school districts
A-447 would grant school districts the authority to establish a charter school payment reserve account. Under current law, a school district is required to make payments to charter schools for each resident student who enrolls in the charter school. The total payment is initially determined by the Department of Education based on the projected charter school enrollment prior to the beginning of the school. The payments due to charter schools are subsequently adjusted based on charter schools’ actual enrollment as of October 15th. When developing its budget for the upcoming school year, a school district may receive authorization from the department to budget an amount for charter school payments that is less than the projected total payment determined by the department. Under this amended bill, a district in this circumstance would be allowed to use funds on deposit in the charter school payment reserve account to make payments to charter schools if the revised payment based on the October 15 enrollment is greater than the amount that the district budgeted. Similar to the tuition reserve currently authorized by State Board of Education regulations, a school district board of education would be allowed to transfer interest earned on investments in the reserve account to the district’s general fund. The Assembly Education Committee voted favorably to release this bill by a vote of (9-0). NJPSA Supports this legislation.
Alters date by which school districts notify parents of nonpublic school students of eligibility for bus transportation or aid-in-lieu-of payment from August 1 to July 1.
A-2942 changes the date by which a school district is required to notify the parent or guardian of a nonpublic school student and the nonpublic school, of the district’s determination on the manner in which transportation services will be provided to the pupil. According to State Board of Education regulations at N.J.A.C.6A:27-2.3 (b), this notification is to occur by August 1 prior to the beginning of the school year. The bill changes the notification date to July 1. The Assembly Education Committee voted favorably to release this bill by a vote of (9-0). NJPSA opposes this legislation.
Directs the Department of Agriculture in consultation with DOE to establish online applications for the National School Lunch Program and school breakfast programs.
A-3260 requires the Department of Agriculture, in consultation with the Department of Education, to develop and make available to each school district and nonpublic school implementing a school lunch program or a school breakfast program, an Internet-based school meals application. The Internet-based school meals application required under the amended bill is designed to facilitate the subsidized school meals determinations required by current law. A school district or nonpublic school has the option to implement and use the Internet-based school meals application. In the event that the school district or nonpublic school does implement and use the Internet-based school meals application, the district or school is still required to continue to make available hard copies of the subsidized school meals application required by current law. Under the amended bill, a school district or nonpublic school, which currently provides an Internet-based school meals application, has one year from the date of the bill’s enactment to switch to the application developed pursuant to the bill. The Assembly Education Committee voted favorable to release this bill by a vote of (8-0), with one abstention, NJPSA expressed concerns with this legislation.
Allows certain public high school student-athletes to substitute study hall for physical education during their athletic seasons.
A-3873 would permit a public high school student in the tenth, eleventh, or twelfth grade to substitute a physical education course with a study hall if the student: is enrolled in at least one advanced placement course, a dual enrollment program, or other college-level course, or is in need of additional academic support due to low academic performance indicators, as determined by the school district; participates in a school-sponsored sport; and is scheduled to attend a physical education course during the athletic season of that sport. The student who chooses to substitute the physical education course with a study hall is to receive for participation in the sport the number of high school graduation credits equal to the number received for completion of the physical education course. The bill, as amended, would require the parent or guardian of the student to provide the school district with written approval for the substitution. The coach of the school-sponsored sport is given the responsibility to certify to the school district the student’s participation in the sport. The student’s school counselor is required to certify to the school district that the student is eligible to substitute a physical education course with a study hall and that the counselor approves of the substitution, The amended bill provides that the school district is to determine which school athletic activities constitute a school-sponsored sport. Eligible student-athletes participating in school-sponsored sports will only be permitted to elect to substitute study hall for physical education during that athletic season. As amended, this bill does not exempt students from the statutory requirement that they attend at least two and one-half hours per school week of health and safety education courses, when these courses are scheduled. This bill also does not affect the physical education requirement for students in grades one through eight or for high school students who do not participate in school-sponsored sports. Finally, the amended bill requires each school district to develop a policy to allow eligible students to substitute a physical education course with a study hall in accordance with the provisions of the bill. The Assembly Education Committee voted favorably to release this bill by a vote of (9-0). NJPSA has significant concerns with this bill. NJPSA sought amendments to this bill, but not the ones that were ultimately offered/passed.
Requires DOE to develop and distribute informational materials on type 1 diabetes
A-4148 would require the Department of Education, in consultation with the Department of Health, to develop informational materials on type 1 diabetes. The bill also requires that the materials be posted to the Department of Education’s Internet website. School districts are to make the informational materials available to the parents or guardians of the students enrolled in the district. Under the bill, the informational materials, at minimum, are to include: (1) a description of type 1 diabetes; (2) a description of risk factors and warning signs associated with type 1 diabetes; (3) a recommendation that the parents or guardians of students displaying warning signs associated with type 1 diabetes should immediately consult with the student’s primary care provider to determine if immediate screening for type 1 diabetes is appropriate; (4) a description of the screening process for type 1 diabetes and the implications of test results; (5) a recommendation that, following a type 1 diagnosis, parents or guardians should consult with the student’s primary care provider to develop an appropriate treatment plan, which may include consultation with and examination by a specialty care provider, including a properly qualified endocrinologist; and (6) information on the provision of diabetes school care following a type 1 diagnosis.
Permits certain persons to operate Type S school buses
S-3000 would permit the holder of a Type S school bus certificate to operate a Type S school bus to transport children to and from school without obtaining a commercial driver license, passenger endorsement, or school bus endorsement. A person is required to meet certain requirements described in the bill to be eligible for a Type S school bus certificate. Such drivers are subject to certain provisions of law applicable to school bus drivers as enumerated in the bill. A “Type S school bus” is defined in the bill to mean a motor vehicle that: (1) is operated by, or under contract with, a public school, nonpublic school, charter school, renaissance school, or approved private school for students with disabilities for the transportation of students to and from school for secular or religious education and for school-related activities; and (2) has a gross vehicle weight rating of 3,000 pounds or more, which vehicle was originally designed by the manufacturer with a maximum seating capacity of nine passengers or less, excluding the driver. This bill would take effect on the first day of the first full school year following the date of enactment. The Senate Transportation Committee voted favorably to release the bill with a vote of 5-0, with one not voting. NJPSA Supports this bill.
Lowers age requirement of compulsory school attendance from six to five years old
S-2970, a bill that would lower the age requirement of compulsory school attendance from six to five years old, was heard for “Discussion Only”. No vote was taken on the bill this week, however Chairman Gopal said that he expects to post it for a vote at the next meeting of the Senate Education Committee. NJPSA has expressed concerns regarding funding and logistics with this legislation.
Requires public schools to develop policy for emergency administration of nasal seizure rescue medication and use of manual vagus nerve stimulators on students with seizure disorders
S-1060 was also heard by the Senate Education Committee for “Discussion Only”. This means that the bill was debated, and testimony was taken, but no vote was taken on the bill. As drafted, this bill would require a board of education to develop a policy in accordance with the guidelines established by the Department of Education for the emergency administration of nasal seizure rescue medication and the emergency use of a manual vagus nerve stimulator on a student with a seizure disorder. Pursuant to the policy, the school nurse is to have the primary responsibility for the administration of nasal seizure rescue medication. The certified school nurse is required to designate at least two additional employees of the school district who volunteer to administer the nasal seizure rescue medication and use a manual vagus nerve stimulator on a student when the school nurse is not physically present at the scene. NJPSA has concerns and is Seeking Amendments to this bill.
Removes obstacles to teacher certification for certain teachers
A-1669/S-1287 would eliminate the requirement that a teacher candidate complete a basic skills test. Specifically, this bill eliminates the requirement that a candidate seeking a certificate of eligibility, a certificate of eligibility with advanced standing, a provisional certificate, or a standard instructional certificate complete a Commissioner of Education-approved test of basic reading, writing, and mathematics skills including, but not limited to, the Praxis Core Academic Skills for Educators test, in order to obtain any of these certificates. The Senate Education Committee voted favorably to release this bill by a vote of (4-1). NJPSA Supports this legislation.
Establishes task force to examine issues and make recommendations concerning youth sports, including abusive coaching, confrontational parents, and bullying of players
S-1114 would establish a task force to examine, evaluate, and make recommendations regarding youth sports. The task force is to consist of 13 members. The Senate Education Committee voted to favorably release this bill by a vote of (5-0). NJPSA is Seeking Clarifying Language and Amendments to this Legislation. One of the amendments NJPSA is seeking is to have a public school Athletic Director represented on the task force.
Eliminates requirement for State residency of public school employees for period of three years
S-2181 would provide for a three year period during which a person newly hired by a school district, charter school, or renaissance school project is not to be required to comply with the State residency requirement under R.S.52:14-7. This State residency requirement was established by law in 2011 and currently applies to all public officers and employees in the State, with certain limited exceptions. The bill also specifies that a person newly hired by a school district, charter school, or renaissance school project who maintains or establishes a principal residence outside of this State during the three year period is not to be required to comply with the residency requirement after the end of the three year period, regardless of whether the person changes their principal residence or experiences a break in service or employment with a school district, charter school, or renaissance school project after the end of the three year period. Under the bill, a school district, charter school, or renaissance school seeking to fill an open position would be required to make a good faith effort to hire a person who maintains a principal residence in the State for the open position. The Senate Education Committee voted to favorably release this bill by a vote of (5-0). NJPSA Supports this Bill.
Establishes task force to examine school discipline practices including racial disparities and effectiveness
S-2945 would establish an 11-member task force to examine, evaluate, and make recommendations regarding discipline policies and practices in New Jersey public schools, including any racial disparities in the implementation of those policies and the effectiveness of the policies. The Senate Education Committee voted to favorably release this bill by a vote of (5-0). NJPSA is Neutral on this Bill.
Permits boards of education to lease certain school property to federally qualified health centers without bidding
S-3156 would add federally qualified health centers (FQHCs) to the list of entities to which a local board of education may lease school buildings and property, no longer necessary for school purposes, for a nominal fee and without following the competitive bidding process. Other entities already on the list include federal, State, and local governmental units, volunteer fire companies and rescue squads, veterans and senior citizens organizations, and certain nonprofit organizations. The Senate Education Committee voted in favor of this legislation by a vote of (4-1). NJPSA is Neutral on this Bill.
Designates May of each year as “Individualized Education Plan (IEP) Awareness Month” in New Jersey
SJR-53 designates May of each year as “Individualized Education Plan (IEP) Awareness Month” in New Jersey. The purpose is to increase public understanding of the development and implementation of a special education student’s individualized education plan under the federal “Individuals with Disabilities Education Act. This bill was pre-filed for introduction in the 2024-2025 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed. The Senate Education favorably voted on this Joint Resolution by a vote of (5-0). NJPSA Supports this Bill.
Designates the second Friday of December of each year as “Paraprofessional and School-Related Personnel (PSRPs) in Our Schools Day” in New Jersey to recognize the contributions of paraprofessionals and school-related personnel.
SJR-76 designates the second Friday in December of each year “PSRPs in Our Schools Day” in New Jersey to recognize the contributions of paraprofessionals and school-related personnel (PSRPs). Under the resolution, the Governor and the Legislature call upon the State’s citizens to participate in the observance of this day. PSRPs provide valuable services within the State’s schools, including: one-on-one or small-group tutoring for students; assisting with classroom management; acting as a translator; providing instructional support; supervising students during non-instructional times; preparing and serving nutritious meals; maintaining a clean, safe, and attractive learning environment; and assisting in the transportation of students to and from school. The Senate Education favorably voted on this Joint Resolution by a vote of (5-0). NJPSA Supports this Bill.
Requires Commissioner of Education to permit certain school districts losing State school aid to submit budgets after enactment of FY 2025 appropriations act
A-4059/S-3002 would require the Commissioner of Education to permit certain school districts losing State school aid to submit budgets after enactment of the State fiscal year 2025 appropriations act. The commissioner is authorized under the bill to make any adjustments to the school budget calendar that are necessary to conform with the provisions of the bill, which adjustments include a compressed schedule by which a school district can enact its budget. The bill applies to school districts, which are proposed to receive a State school aid reduction and are experiencing a reduction that is greater than the total amount of the district’s unused tax authority permitted under current law. This unused tax authority is often referred to as “banked cap.” Under current law, a school district may add to its adjusted tax levy in any one of the next three succeeding budget years, the amount of the difference between the maximum allowable amount to be raised by taxation for the current school budget year and the actual amount to be raised by taxation for the current school budget year. The Senate Budget and Appropriations Committee favorably advanced this bill by a vote of (13-0), and NJPSA supports this legislation (although we were hopeful that it wouldn’t be necessary and that the Stabilization grant bill would have already been passed).
Establishes Stabilized School Budget Aid Grant Program to restore certain portions of State school aid reductions; permits certain school districts to exceed tax levy growth limitation in 2024-2025 school year
S-3081/A-4161 was advanced to the Senate floor by the Senate Budget and Appropriations Committee on Thursday, albeit, with a reduced funding amount than was originally proposed. This Senate committee substitute establishes in the Department of Education a Stabilized School Budget Aid Grant Program. The purpose of the program is to provide aid grants to eligible school districts equal to 45 percent of the amount of the school districts’ State school aid reductions, as calculated under current law for the 2024-2025 school year. The substitute appropriates $44.7 million to fund the program. (The original funding amount proposed was $70 million). The committee substitute also permits school districts, which experienced reductions in State school aid in the 2024-2025 school year compared to the 2020-2021 school year, to request certain increases in their adjusted property tax levies above the amounts permitted under current law, without the approval of the voters of the school district or the board of school estimate, as applicable. The maximum amount of the adjusted tax levy increase under the substitute is the difference between the amount of State school aid allocated to a school district in the 2020-2021 school year and the amount of State school aid allocated to the district in the 2024-2025 school year. However, the substitute prohibits a school district from increasing its adjusted tax levy by more than 9.9 percent of the prior year’s tax levy. The ability to increase the adjusted tax levy pursuant to the provisions of the substitute would not apply to SDA districts. This bill is scheduled to be considered by the full Senate on Monday, May 13th. NJPSA Supports this Legislation.
More information about these bills and more can be found on the NJ Legislature’s website: https://www.njleg.state.nj.us/. May and June are extremely busy months in Trenton, and a lot of legislation moves – sometimes at a lightning fast pace. Your NJPSA Government Relations team is at the Statehouse, monitoring it all and reporting back to you. Please stay tuned to our Friday GR Blasts for continued updates, or feel free to reach out to your NJPSA Director of Government Relations Debra Bradley at dbradley@njpsa.org, or Assistant Director Jennie Lamon jlamon@njpsa.org at any time with any questions. Thank you for your advocacy and for all that you do!