“Lame duck” is the period between November’s general election and the start of the new legislative session in January. It’s usually a fast-paced time, as lawmakers push to move bills before the two-year session ends, or in some cases, before their term ends.. Any legislation not passed by January 13, 2026, must be reintroduced and start all over again in the next session. “Lame duck” is underway, and a number of bills of interest to school leaders are moving.
Senate Education Committee
The Senate Education Committee met last week for the first time since early June. During their meeting, the committee heard and voted in support of the following bills.
Mental Health Referrals by School Staff
S-2380, and its Assembly counterpart, A-1657 would allow student assistance coordinators, school counselors, school psychologists, and other district mental health professionals to refer or help families connect a student with a licensed mental health counselor outside the district. Staff may not refer students to a provider in which they or their immediate family have a financial interest. Districts may still offer their own services before or after an outside referral.
NJPSA supports this bill.
Water Safety Month in Schools
S-3792, and its Assembly counterpart A-4762 would designate each May as “Water Safety Month” and encourage the Department of Education, with the Department of Health, to provide resources for K–5 lessons on water safety and drowning prevention. Schools may partner with nonprofits to support this instruction. NJPSA supports this bill.
Changes to Nonrenewal Hearings for Nontenured Staff
S-4488 would replace today’s informal “Donaldson hearings” with a more formal process for nontenured staff whose contracts are not renewed. The proposal requires: a formal hearing before the board of education, attendance by the board attorney, submission of supporting materials three days in advance, a written board decision including findings and reason.
While intended to add due-process protections, the bill creates new procedural burdens for boards and administrators and such a formalized process may have unintended consequences that are not in the best interest of employees. NJPSA has major concerns about such sudden and dramatic changes to a system that has been in place and working since 1975 and worries that benefits to the current system could be lost with a formalized and adversarial hearing. Since this bill raises so many concerns that warrant a thorough discussion, we asked the sponsor to have the bill heard for discussion only. The sponsor declined, and the bill was held for a vote. NJPSA testified in opposition of this bill. The bill has now been sent to the Senate Judiciary Committee for further review.
Retired Teachers Eligible for STEM Grant Program
S-4678 would expand the 2019 STEM teacher grant program so retired teachers can participate in partnerships between nonpublic schools and districts. It also allows teachers from additional STEM-related fields to qualify. Grant funds would be paid directly to the teacher, and the bill appropriates $3.5 million for the program. NJPSA supports this bill.
Major Charter School Reforms
This wide-ranging bill S-4713 would update the state’s charter school laws. Key components include:
- Public Notice and Applications
- Three public notices required for new or renewal applications
- Financial plans and demonstration of need required
- Commissioner must consider fiscal impact on host district
- Location Requirements
- Charter schools must operate and provide instruction within New Jersey
- Virtual-only models prohibited
- Transparency and Reporting
- Annual reports must be posted online and presented publicly
- DOE must maintain a public charter transparency webpage
- More frequent state reviews of renewed charter schools
- Renewals and Revocations
- New probation and revocation standards
- Consideration of compensation studies and administrative costs
- Budget Disclosure
- Charter schools must post user-friendly budgets, hold public hearings, and disclose salaries of the lead person and business administrator
- Boards of Trustees
- New board qualifications, training requirements, and public notice rules for contract changes
- Prohibition on nondisclosure agreements tied to employment
- Residency requirements for trustees and expanded anti-nepotism policies
- Charter Management Organizations (CMOs)
- Only nonprofit CMOs may manage charters
- CMOs receiving public funds must file IRS Form 990 and follow School Ethics Act rules
The Committee amended the bill to clarify that certain provisions do not apply to renaissance schools and modified some reporting requirements.
Charter Enrollment, Transfers, and Athletics
A companion bill addressing charters, S-4716, adds new rules on admissions, student movement, and athletic participation.
- Student Placement Liaisons
- Districts and charters must designate a staff member to track transfers and ensure smooth transitions. Charters must conduct exit interviews when possible.
- Admissions and Enrollment
- Charters may not set admissions criteria beyond their lottery
- Enrollment priority may be given to staff children
- Out-of-district enrollment permitted with commissioner approval
- Charters may not counsel students to withdraw
- Reporting
- Charters must report student exit data annually and DOE must post school-level information on its website.
- Athletics
- Charter schools offering interscholastic sports must join a voluntary athletic association (such as NJSIAA). New rules outline participation requirements for non-resident students.
Read NJPSA’s position statement on the two charter school reform bills here.
Commission on Latino and Hispanic Heritage
S-4809 would remove the requirement that certain commission appointees hold a Master’s degree in Latino or Hispanic studies and instead require knowledge or experience in the field. The bill also removes a requirement from current law that public members are required to have served prominently as spokespersons for, or as leaders of, organizations in the Latino or Hispanic heritage community which serve members of religious, ethnic, national heritage, or social groups or who are experienced in the field of Latino or Hispanic heritage education. Instead, the bill requires the public members to have knowledge and experience in Latino or Hispanic studies or education. NJPSA supports this legislation.
Senate Community and Urban Affairs Committee
The Senate Community and Urban Affairs Committee heard a bill about PILOT revenue sharing with school districts during their meeting last week.
S-3915 would require municipalities to share certain payments in lieu of taxes (PILOTs) with school districts—unless the municipality instead negotiates an agreement with the district and the developer to fund special projects. Key provisions of the bill include that:
- Municipalities must notify counties, school districts, and the Department of Community Affairs when considering a property tax exemption
- A portion of PILOT revenue must go to affected school districts based on student counts or a set percentage
- Regional districts must receive funds in proportion to their equalized valuation
- Urban renewal entities must share their applications with counties, school districts, and DCA
- School district leaders participate in negotiations and must act on agreements within timelines set in the bill
NJPSA is monitoring this legislation.
Senate Budget and Appropriations Committee
Water Quality Standards
A-1400 would require the owner or operator of a public water system to immediately notify, by telephone and electronic mail, the governing body of a municipality and the chief administrator of every school district, charter school, nonpublic school, and institution of higher education located in the municipality whenever the system incurs a violation requiring a Tier 2 Public Notice under the U.S. Environmental Protection Agency’s National Primary Drinking Water Regulations. The notification must include:
- The name of any contaminant exceeding a drinking water standard
- The maximum contaminant level (MCL) or action level
- The contaminant level found on each testing date
- Test dates
- Locations of each sample tested
- Locations of samples exceeding the MCL or action level
The bill also clarifies related reporting responsibilities to ensure timely and transparent communication. NJPSA supports this bill.
State Aid for Providing Auxiliary and Remedial Services to Nonpublic School Students
A-4854 and its Senate companion S-4312, would significantly revise the process by which the Department of Education allocates State aid for auxiliary and remedial services for nonpublic school students.Key provisions of the bill include:
- Requiring the Commissioner of Education to establish a quarterly reimbursement process for school districts.
- Setting maximum per-service aid amounts based on the total annual appropriations divided by the average number of documented services delivered in the prior three years.
- Requiring the commissioner to conduct a cost survey every three years and provide recommendations to the Governor and Legislature.
- Ensuring appropriations are fully exhausted and equitably distributed each year.
- Permitting the commissioner, within federal law, to set limits on service duration and frequency to ensure access for the greatest number of eligible students.
The bill also removes:
- The existing per-pupil calculation for future aid allotments
- Requirements for school districts to return unspent aid
- Requirements to prorate aid downward if appropriations are insufficient
NJPSA is neutral on this bill.
Out-of-School Time Advisory Commission
S-3457 creates a 22-member commission to review and strengthen before-school, after-school, and summer programming across New Jersey. Commission duties include:
- Assessing the current landscape of out-of-school time programs and relevant State policies
- Recommending effective models for program design, implementation, and assessment
- Examining available funding streams and identifying gaps
- Reviewing program development and operations in urban, suburban, and rural districts
The Department of Education will staff the commission or may designate a public higher education institution willing to support the work at no cost. Interim and final reports will be due one and two years after organization, respectively. The commission sunsets 30 days after submission of the final report. NJPSA Supports this bill.
Banning Single-Use Utensils and Requiring Reusable, Washable Utensils in Schools – Held!
A-3195, a bill that would prohibit food service businesses from providing single-use utensils and condiments except upon request, and would require certain food service establishments to provide reusable, washable utensils for on-site dining, was scheduled for consideration but was held for further amendment.
NJPSA previously testified on this bill before the Senate Environment and Energy Committee last October (2024), urging that school districts be exempted from its provisions. At that time, the Sponsor agreed only to a five-year implementation delay for schools. NJPSA maintains that such a delay merely postpones the inevitable and that the bill’s requirements will remain just as unworkable for schools in five years as they are today. NJPSA partnered with our sister education associations to submit a joint letter of opposition to the committee. The Senate Budget Committee held the bill for further amendments, and announced that the bill would be heard on December 8th. NJPSA opposes this bill and is seeking amendments.
The Joint Committee on the Public Schools
The Committee met to discuss issues affecting New Jersey special education students in 18–21 transition programs, particularly how federal and state graduation rate calculations impact these programs and the students they serve. The New Jersey Association of School Administrators provided testimony. Watch an archived version of the hearing here.
Assembly Health Committee
The Assembly Health Committee will meet Monday of next week to consider S-1253, which would establish a three-year pilot program within the Department of Education to evaluate the academic and health benefits of using therapy dogs in public elementary school wellness programs. Under the bill, districts wishing to participate must apply to the commissioner and provide student enrollment and wellness program information. Six districts – two each from the northern, central, and southern regions – will be selected, with representation from urban, suburban, and rural communities. The commissioner must issue guidance on training, health and behavioral standards for therapy dogs, handler preparation, sample activities, and insurance considerations. A report evaluating the pilot program’s effectiveness is due to the Governor and Legislature by June 30 of the third year. NJPSA supports this bill.
Looking Ahead
As “Lame Duck” continues to ramp up, your NJPSA Government Relations team will be boots on the ground, advocating for you and New Jersey’s K-12 public schools. If you have any questions or would like more information about the bills mentioned above or any legislation under consideration, please reach out at any time.
On behalf of our GR team, we wish you a wonderfully relaxing and joyous Thanksgiving holiday.