By Debra Bradley, Esq. and Jennie Lamon, Your NJPSA Government Relations Team
The NJ Legislature had another (very) busy week as the budget deadline approaches, and legislators try to get their initiatives through before the summer break. Many of the bills that we are tracking had action this week, including one that was signed into law.
Signed into Law by Governor Murphy This Week
P.L. 2021, Chapter 109: S-3434/A-5366 Requires boards of education to provide special education and related services to certain students exceeding age of eligibility for special education and related services (age 21) during the 2020-21, 2021-2022, or 2022-2023 school years, if the IEP team determines those services are necessary as additional services, compensatory or transitional services. Each individual student would be entitled to up to one year of additional services despite reaching age 21 if the IEP determines these services are needed. NJPSA was actively engaged in advocating on this legislation, successfully seeking amendments to have the IEP team determine if the special education services are necessary and the scope of the services; amendments addressing the appeal process to include mediation, and amendments to have the Legislature fully fund this state mandate. The legislation, signed on June 16th, goes into effect immediately and is to be funded by a combination of federal and state funding. In his signing announcement, Governor Murphy announced that he would set aside $ 600 million dollars of American Rescue Plan funding to cover the potential costs of this legislation which could potentially serve 8,700 students across New Jersey districts.
NJPSA is offering a free webinar to members to discuss the parameters of the new law and its implementation in school districts on Friday, June 25th at 10:00 a.m. Register for “Implementing Chapter 109: Providing Additional/Compensatory Services
for Students With Disabilities Beyond Age 21” here. For more information, go to www.njpsa.org.
Assembly Appropriations Committee
A-2687/S-969 This committee substitute establishes a loan redemption program in the Higher Education Student Assistance Authority (HESAA) to allow a teacher to redeem a portion of the teacher’s NJCLASS loan amounts for service as a teacher in a high-need field in a low performing school in New Jersey. Under the bill, the annual amount of State funds appropriated to the loan redemption program will not exceed $1,000,000. This bill was advanced by the Assembly Appropriations Committee on June 16th by a unanimous vote of 11-0.
A-5537/S-3488 Modifies certain procedures pertaining to school district regionalization; establishes grant program for cost reimbursement of conducting regionalization feasibility studies; and provides financial incentives for regionalization. Read NJPSA’s statement on this bill here. This bill was advanced by the Assembly Appropriations Committee on June 16th by a unanimous vote of 11-0. This bill has already been approved by the Senate 37-0.
A-5701/S-2160 This bill would establish a unit within the Office of Administrative Law (OAL) dedicated to special education cases. The special education unit would consist of administrative law judges having expertise and training in special education law. The number of administrative law judges in the unit would be proportional to the number and complexity of special education cases referred to the OAL. This bill was advanced by the Assembly Appropriations Committee on June 16th by a unanimous vote of 11-0. This bill has already been approved by the Senate 37-0.
A-5882 This bill would require the Department of Agriculture, in consultation with the Department of Education, to develop and administer a summer food service program State supplement to provide an additional reimbursement to certain school districts that participate in the federal summer food service program. Under the bill, the State would provide a 10-cent per meal supplement to the existing federal reimbursement to operators of the federal summer food service program. Under the bill, the Legislature is charged with annually appropriating such funds as are necessary to implement this act. This act would take effect June 1, 2023. This bill was released favorably by the Assembly Women and Children Committee by a vote of 5-0 on June 16th. Later that same day, this bill was also released favorably by the Assembly Appropriations Committee by a vote of 10-1.
A-5883 This bill requires the Department of Agriculture, in consultation with the Department of Education, to develop and administer a “breakfast after the bell” State supplement to provide an additional reimbursement to certain school districts that participate in the federal school breakfast program.Under the bill, the State will provide a 10-cent per breakfast supplement to the existing federal reimbursement to a school district with schools that provide “breakfast after the bell.” The bill specifies that the Legislature is to annually appropriate funds necessary to implement the bill. This bill was released favorably by the Assembly Women and Children Committee by a vote of 4-0 on June 16th. Later that same day, this bill was also released favorably by the Assembly Appropriations Committee by a vote of 10-1.
A-5886 This bill appropriates a total of $66,173,243 from the “Securing Our Children’s Future Fund” to the Department of Education (DOE) to provide grants for school security projects in New Jersey school districts. Under the bill, $65,423,243 is appropriated for the purposes of supporting school security projects in school districts, while $750,000 is appropriated for the administrative costs of the DOE in implementing current and future grants for eligible projects. This bill was advanced by the Assembly Appropriations Committee on June 16th by a unanimous vote of 11-0.
A-5887 This bill appropriates a total of $6,608,212 from the “Securing Our Children’s Future Fund” to the Department of Education (DOE) to provide grants for water infrastructure projects in New Jersey school districts. Under the bill, $5,608,212 is appropriated for the purposes of providing grants to school districts, while $1,000,000 is appropriated for the administrative costs of the DOE in implementing current and future grants for eligible projects. This bill was advanced by the Assembly Appropriations Committee on June 16th by a unanimous vote of 11-0.
S-84/S-2093 Requires institutions of higher education and public and nonpublic high schools and middle schools to adopt anti-hazing policies; expands activities encompassing criminal hazing and upgrades penalties for engaging in these activities.
This bill was advanced by the Assembly Appropriations Committee on June 16th by a unanimous vote of 11-0. This bill has already been approved by the Senate 40-0.
Assembly Transportation and Independent Authorities Committee
A-5814 A bill that would create the School Bus Safety Ombudsman position in, but not of, the Department of Education to monitor and administer all school bus safety and oversight activities, was reported out of the Assembly Transportation and Independent Authorities Committee with Amendments on June 14th . The School Bus Safety Ombudsman will be appointed by the Governor and will have duties including, but not limited to, reviewing a school bus driver’s information collected by the Commissioner of Education for a criminal history check or check for alcohol and drug-related motor vehicle violations pursuant to current statute, maintaining a list of persons debarred from bidding on pupil transportation contracts, and determining if a board of education or contractor has approved or assigned an unauthorized bus driver. The bill also requires the ombudsman to submit an annual report to the Governor, the Legislature, and the New Jersey Motor Vehicle Commission which will include a summary of the services provided, and enforcement actions taken, by the ombudsman during the school year. The committee amendments add a requirement that the training and experience required for the person to be appointed School Bus Safety Ombudsman be related to the school bus industry. The bill has been second referenced to the Assembly Appropriations Committee.
Senate Budget and Appropriations Committee
A-4433/S-2715 Creates program to encourage school districts to partner with institutions of higher education in training school-based mental health services providers. This bill, which unanimously passed the NJ Assembly, focuses on expanding the pipeline of mental health providers in schools including school psychologists, social workers or other licenses mental health workers. Grants will fund district programs or consortia programs, in partnership with higher education institutions that train graduate students to become mental health professionals and permit those students to perform applicable fieldwork, credit hours, internships, externships or other related training as part of the academic program of the student while supervised, within the public schools. The details of the partnership must be approved by the Commissioner of Education. Grants are to be federally funded through all available pandemic based school funding sources.
A-4434/S-2716 Establishes Student Wellness Grant Program in DOE, with consultation with the Commissioner of Children and Families. Its purpose is to provide grants to school districts to implement school-based programs and practices promoting mental wellness, social and emotional learning and student resilience. Possible uses of the grant funds include the establishment of mental health clinics or workshops in schools; the implementation of policies supporting student wellness and social/emotional needs; on site mental health services at school in including short-term counseling or crisis intervention services and the timely referral of students in need of long-term therapeutic counseling or mental health intervention with available community resources. The grant program is to be funded with federal CARES (Coronavirus Aid, Relief, and Economic Security Act) funding.
A-4436/S-2718/S-555 Establishes “Student Mental Health Task Force” to study resources available to schools and parents to address student mental health needs. Even prior to the pandemic, NJPSA worked with Assembly Majority Leader Lou Greenwald on this initiative to create a Task Force identifying the range of resources available to school districts statewide. NJPSA will have a seat on this Task Force. The bill unanimously passed the General Assembly and is pending a full vote of the Senate on Monday June 21.
S-3685 Permits school teacher who is retired from TPAF to return to employment during public health emergency and state of emergency for COVID-19 pandemic, for up to two years without reenrollment in TPAF. The teaching position must be in an area of critical need as determined by the Commissioner of education. The rules to be followed track the rules for interim administrators under current law. NJPSA supported this legislation as a temporary remedy to the teacher shortage issue in our state.
S-3881 Extends deadline for completion and filing of annual audit report of school district for 2020-2021 school year; establishes deadline for submission of Audit Summary for 2020-2021 school year to February 5, 2022. Under current law, the board of education of every school district is required to have an annual audit of the district’s accounts and financial transactions completed not later than five months, November 30, after the June 30 end of the school year. A report of the annual audit is filed by the accountant with the board of education, and within five days thereafter, December 5, with the Commissioner of Education. This bill extends each of those deadlines by two months. On June 17th this bill was reported from the Senate Budget and Appropriations Committee with Amendments by a vote of 12-0.
S-3943 Establishes State supplement for federal summer food service program meals. As amended, this bill requires the Department of Agriculture, in consultation with the Department of Education, to develop and administer a summer food service program State supplement to provide an additional reimbursement to certain school districts that participate in the federal summer food service program. Under the bill, the State would provide a 10-cent per meal supplement to the existing federal reimbursement to operators of the federal summer food service program. On June 17th this bill was reported from the Senate Budget and Appropriations Committee with Amendments by a vote of 12-0.
S-3944 Establishes State supplement for “breakfast after the bell” meals. As amended, this bill requires the Department of Agriculture, in consultation with the Department of Education, to develop and administer a “breakfast after the bell” State supplement to provide an additional reimbursement to certain school districts that participate in the federal school breakfast program. Under the bill, the State will provide a 10-cent per breakfast supplement to the existing federal reimbursement to a school district with schools that participate in the federal school breakfast program by providing “breakfast after the bell.” On June 17th this bill was reported from the Senate Budget and Appropriations Committee with Amendments by a vote of 12-0.
A package of bills appropriating monies from the “Securing Our Children’s Future Fund” to the Department of Education (DOE) to provide grants for school security, water infrastructure and CTE projects in New Jersey school districts was posted for a vote by the Senate Budget and Appropriations Committee, but the Committee ultimately held the bills:
- S-3959 Awards project grants under “Securing Our Children’s Future Fund” for school security projects in certain school districts; appropriates $66,173,243
- S-3960 Awards project grants under “Securing Our Children’s Future Fund” for water infrastructure projects in certain school districts; appropriates $6,608,212
- S-3961 Provides project grants under “Securing Our Children’s Future Fund” for career and technical education at county colleges; appropriates $26,456,996
- and S-3962 Provides project grants under “Securing Our Children’s Fund” for career and technical education expansion in county vocational school districts; appropriates $222,904,769 have all been advanced by the Assembly Appropriations Committee, but stalled in the Upper House.
Joint Committee on the Public Schools
On Thursday, June 17th, the Joint Committee on the Public Schools met to discuss the implementation of the Amistad Curriculum. Speakers included Jeffrey Jones, a commission member, who cited staff capacity issues and low funding as implementation barriers to the commission’s work. Lillie Edwards discussed the lack of an accountability mechanism to review whether school districts are implementing the statute. Former Assemblyman William Payne, the original sponsor of the law, shared his disbelief that “ 20 years after introducing the bill, we are still talking about how to get it implemented.” The NJEA shared the work of an internal task force report which contains 12 recommendations for improvements in implementation across school districts. The Joint Committee will reconvene in the future on this topic.
Next week promises to present just as much legislative activity and your NJPSA Government Relations team will keep you informed of it all! In the meantime, if you have any questions about these, or any other pieces of legislation, please feel free to reach out at anytime to Director of Government Relations Deb Bradley @dbradley@njpsa.org or Jennie Lamon, Assistant Director of Government Relations @ jlamon@njpsa.org.