-Jennie Lamon, Assistant Director of Government Relations
The Senate Education convened a four hour hearing on Thursday, December 5th, to consider a lengthy agenda including a bill to expand financial literacy instruction,one to require the DOE to develop a cell phone and social media plan for schools, and a bill that would make changes to the school funding law and revise components of the Educational Adequacy Report.
Requires High School Students to Receive Financial Literacy Instruction
S-3947 proposes to modify current financial literacy requirements for middle school and high school students. As proposed, the bill will modify the current statute for middle school students by requiring that financial literacy be provided “in an appropriate place in the curriculum for students in grades 6 through 8.” Current law says financial literacy must be provided in “each of the years of grades 3-8. NJPSA appreciates this additional flexibility at the middle school level. However, the remainder of the bill seeks to modify the high school financial literacy requirement. First, it seeks to add specific content requirements including instruction on “behavioral economics, banking, consumer skills, taxes, and college financial planning. NJPSA urged the legislature to allow course and curriculum decisions to be developed through the standards review process which will occur in 2025 for Standard 9.1, Personal Financial Literacy. Additionally, the bill includes language that limits how a district provides financial literacy and through what courses. Specifically, the bill states that financial literacy must be offered to high school graduates in a stand alone semester or trimester course. It also states that “instruction that principally addresses economic, business, and entrepreneurial literacy will not satisfy the financial literacy instruction requirement. The revised requirement would go into effect for the graduating class of 2027-28. NJPSA proposed several amendments including the need for grandfathering language for students who are currently taking financial literacy courses under the current standard. We also objected to the single delivery method of a stand alone course as current state regulations permit the use of Option II and elective courses to meet this requirement. The bill was released from committee on a vote of 5-0. NJPSA is seeking amendments to this bill.
Requires DOE to Develop School Cellphone and Social Media Policy
S-3695 would require the Commissioner of Education to develop a policy concerning student use of cell phones and social media and requires a board of education to adopt a policy concerning student use of cell phones and social media.
Under the bill, the policy would:
- Provide age-appropriate and grade-level differentiated policies concerning limiting and prohibiting student use of cellphones and social media platforms
- Prohibit non-academic use of a cellphone or social media during classroom instruction
- Be consistent with State and federal law, including accommodations provided in a student’s Individualized Education Program (IEP) or educational plan
- Permit student use of cellphones in the case of an emergency or in response to a perceived threat of danger
- Permit student use of cellphones upon submission by a parent or guardian of documentation from a health care professional indicating that the use of a cellphone is necessary for the health or well-being of the student
- Address smartphones, cellphones with only text or voice, and other relevant devices, including smartwatches
- List options that may be utilized by a school district for cellphone storage, including locked pouches and cellphone lockers
- Provide guidance for a school district to establish network-based restrictions to prevent the use of, or access to, social media platforms
- Detail protocols for communicating the district’s policy concerning student use of cellphones and social media platforms to students, their families, and teaching staff members
Each district Board of Education would be required to adopt a policy that is consistent with the Commissioner’s developed policy. The local Board would be able to submit an application to the commissioner for an exemption.
Under amendments that NJPSA along with other stakeholders were able to get on Thursday, the Commissioner would involve education stakeholders in developing the policy to ensure that the policies are responsive to the needs of students, parents, and teaching staff members.
The legislation would take effect immediately and apply to the first full school year following the date of enactment.
The bill was advanced in a 5-0 vote. NJPSA testified with concerns about this bill, and asked that the bill not move forward until the Commission to Study Effects of Social Media Usage on Youth (created by law in July 2023) completes its work.
S-2901 would permit a public high school student in the tenth, eleventh, or twelfth grade who participates in a school-sponsored sport and who is scheduled to attend a physical education course during the athletic season of that sport to substitute the physical education course with a study hall. 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 requires 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 bill provides that the school district is to determine which school athletic activities constitute a school-sponsored sport. Only student-athletes participating in school-sponsored sports will be permitted to elect to substitute study hall for physical education during that athletic season.
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.
This bill was heard for “Discussion Only”, which means that no vote was taken on this day. The next time this bill is presented to the committee, the members will vote on it. NJPSA testified with concerns about this bill.
S-3917 makes various changes to State school aid, including the local tax levy cap, extraordinary special education aid, and vocational expansion stabilization aid, and establishes reduction adjustment aid. The bill also includes certain additional requirements for the issuance of the Educational Adequacy Report. The bill requires the Department of Education to make available on the department’s Internet website the calculation of aid payable to each school district in the succeeding year in a user-friendly manner, including explanations of the variables used to determine the district’s aid.
Under current law, a school district is generally limited to a two percent increase in any single year to its local tax levy, plus adjustments for increases in enrollment, health care costs and pension contributions. The bill would amend this tax levy increase cap and allow a district that is spending below its local fair share to increase its tax levy up to the lesser of: the district’s local share, which is the amount that the current school funding formula determines that a district can afford to raise locally; or a seven percent increase from the prior year tax levy. However, SDA districts would be permitted to increase their tax levies up to the district’s local share. Any district, including SDA districts, for which the tax levy is already greater than the local share would be permitted to increase its tax levy by two percent of the prebudget year tax levy.
Under current law, a school district is reimbursed for certain special education costs in the form of extraordinary special education aid. The bill seeks to shift much of extraordinary costs to the state level over a period of five years. The bill decreases the cost threshold from $40,000 to $35,000 for students educated in public school programs that are integrated into the classroom, but leaves all other thresholds for extraordinary aid at the $40,000 level. Additionally, the bill provides that, for a county vocational school district that receives vocational expansion stabilization aid, the amount of vocational expansion stabilization aid received is to be adjusted to allow for increases in resident enrollment. The adjustment is to equal the number of additional students enrolled in the district multiplied by the additional cost per pupil for county vocational school districts and the geographic cost adjustment.
The bill also establishes certain municipal overburden protections to prevent a school district from receiving a reduction in State aid. Pursuant to the bill, an SDA district would not be subject to a reduction in State school aid if it is located in a municipality in which the equalized total tax rate is greater than the Statewide average equalized total tax rate for the most recently available calendar year and if the district is spending below adequacy. In the case of a school district other than an SDA district, the district would not be subject to a reduction in State school aid if it is located in a municipality in which the equalized total tax rate is at least 10 percent greater than the Statewide average equalized total tax rate for the most recently available calendar year and is spending at least 10 percent below adequacy. These municipal overburden protections would also apply to a regional school district if 50 percent or more of the district’s constituent districts or municipalities met either of the qualifying criteria. An SDA district that is spending above adequacy would not be subject to a reduction in State school aid that exceeds the amount by which the district is spending above adequacy.
The bill also establishes reduction adjustment aid to ensure that the amount of State school aid provided to a school district is not to be decreased by more than two percent of the district’s prebudget year total operating budget. The total operating budget is defined as the sum of a district’s general fund revenues from local sources, State sources, federal sources, and other sources, less any withdrawals from reserve accounts and reimbursements for extraordinary special education aid.
Additionally, the bill makes certain changes to the Educational Adequacy Report, which is submitted to the Legislature every three years to update the various parameters used to calculate State aid to school districts. Pursuant to the bill, the Commissioner of Education may initiate a review of certain elements of the school funding formula, including the metrics for adjusting costs in intervening years. Additionally, the bill requires that a draft of the Educational Adequacy Report be made available for public comment for at least 30 days, during which time members of the public may provide remarks on the draft report at public hearings to be held at various locations across the State and through the submission of written and electronic testimony.
Finally, during the development of the next Educational Adequacy Report following enactment of this bill, the commissioner is to engage a diverse group of stakeholders to review and make recommendations concerning: the calculation of a district’s local share and whether the metrics used are best able to estimate a district’s potential adjusted tax levy; the impact and feasibility of using multi-year averages in the calculation of local share; the feasibility of implementing a tier-based model of funding for determining special education categorical aid; the abilities of the Department of Education and school districts to predict and anticipate State school aid amounts from year to year; and possible methods of improving upon the existing preschool funding methodology. This bill was heard for “Discussion Only”, which means that no vote was taken on this day. The next time this bill is presented to the committee, the members will vote on it. NJPSA supports this bill as a good start and looks forward to continuing to work with the Sponsor.
Requires State to Bear Partial Cost of Transportation of Certain Homeless Students to School
S-3537 requires the State to bear a partial cost of the transportation of certain homeless students to school. Under current law, when a homeless child attends school in the district of residence while temporarily residing in another district, the district of residence is required to provide for transportation to and from school. This bill requires the State to bear any cost for that transportation that exceeds the average per pupil cost for transportation services in the district of residence. Current law also permits any student who moves from one school district to another as a result of being homeless due to an act of terrorism or a natural disaster to remain in the original district for two years, provided that the student’s parent or guardian remains homeless for that period. In this circumstance, the original district is required to provide transportation to the student. This bill requires the State to bear any cost for that transportation that exceeds the average per pupil cost for transportation services in the district in which the parent or guardian last resided prior to becoming homeless. The bill was released from committee on a vote of 5-0. NJPSA supports this bill.
Under bill S-1780, a student could not be denied admittance to school for tardiness or due to a violation of a school uniform policy or dress code policy, except in the case of a policy prohibiting students from wearing clothing indicating membership in or affiliation with a gang.
NJPSA successfully obtained amendments to this bill to clarify that nothing in the bill prohibits a school from enforcing its attendance, dress code/uniform policies or student code of conduct once the student is admitted to school. Current State regulations require each local Board of Education to adopt a student code of conduct to foster students’ health, safety, and social and emotional well-being. These codes of conduct typically include provisions on appropriate dress. Regulations also require each Board of Education to develop, adopt, and implement policies and procedures regarding student attendance, which shall consist of, at a minimum, the expectations and consequences regarding students’ timely arrival of students to school and classes.
Online Reporting Systems for Schools and Child Care Centers to Report Lead Testing Results
S-988 would require the Department of Education (DOE) and the Department of Children and Families (DCF) to establish online reporting systems for schools and child care centers to report lead testing results.
In July 2016, the State Board of Education adopted regulations requiring every school in the State to test for lead in drinking water. Shortly thereafter, in January 2017, the Department of Children and Families adopted regulations requiring each child care facility in the State to test for lead in drinking water. While lead test results were required to be submitted to the respective departments and made available to children and parents, there is currently no centralized database for, or report on, this data available to the public and policy makers. Such a centralized database would allow policy makers and the public to better understand the extent of lead contamination in schools and child care centers in the State and allow policy makers to do the necessary analysis to effectuate remedial funding and technical assistance.
This bill would require the DOE and the DCF to establish online reporting systems for schools and childcare centers to report their lead testing results electronically. Under the bill, within 90 days after establishment of the databases, each school and childcare center that was required pursuant to law or regulation to test for lead would be required to submit or resubmit its test results and any other required information via the online reporting system. The DOE and DCF would be required to compile the test results on their respective Internet websites for access by the public. Finally, the bill would require both departments to prepare and submit a report to the Governor and the Legislature outlining the extent of lead contamination in the drinking water of schools and child care centers, the associated need for assistance with remediation activities, and recommendations for how the State can assist schools and child care centers with remediating lead in drinking water.
This bill stems from recommendations in the Joint Legislative Task Force on Drinking Water Infrastructure’s final report, released in January 2018. The bill was released from committee on a vote of 5-0. NJPSA supports this Bill.
S-1239 requires that a criminal history records check be conducted on any person who serves as an official for an interscholastic athletics meet, game, or tournament sanctioned by the New Jersey State Interscholastic Athletic Association (NJSIAA). Under the bill’s provisions, the association is to request the check through the Commissioner of Education. A prospective or current official will submit his name, address, and fingerprints to the NJSIAA which will then forward this documentation to the commissioner. The bill authorizes the commissioner to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police. In conducting the check, the State Bureau of Identification will examine its own files and will arrange for a similar examination by the Federal Bureau of Investigation, Identification Division. A prospective or current official will be disqualified from serving as an official for any interscholastic athletic events sanctioned by the NJSIAA if the person’s criminal history record information reveals a record of conviction for a disqualifying crime or offense. The bill incorporates by reference the list of disqualifying crimes and offenses applicable to prospective school employees. Following qualification to serve as an official, the State Bureau of Identification will immediately forward to the commissioner any information which the bureau receives on a charge pending against the official. If the charge is for a disqualifying crime or offense, the commissioner will notify the NJSIAA, and the association will take appropriate action. If the pending charge results in conviction, the person will be disqualified from continuing to serve as an official. The bill was released from committee on a vote of 5-0. NJPSA supports this Bill.
S-1548 requires school districts to adopt a policy concerning a student’s use of sunscreen and sun-protective clothing, such as hats and sunglasses, while outdoors at school and school-sponsored functions. The policy is not to require a student to provide documentation from a physician or other licensed health care professional in order to use sunscreen or sun-protective clothing while outdoors at school or a school-sponsored function. The policy may require written permission from a student’s parent or guardian to allow that student to carry or use sunscreen at school or a school-sponsored function. Nothing in the policy is to be construed as requiring school personnel to assist a student in applying sunscreen. The bill will take effect in the first full school year following the bill’s enactment.
This bill has been around for several years and has had a number of NJPSA initiated changes. At this hearing, the committee amended this bill to provide that the policy may require written permission from a student’s parent or guardian to allow that student to carry or use sunscreen at school or a school-sponsored function. The amendments clarify that nothing in the policy is to be construed as requiring school personnel to assist a student in applying sunscreen. The bill was released from committee on a vote of 5-0. NJPSA supported this bill, as amended.
S-1777 requires the Commissioner of Education to establish a three-year mentorship pilot program for kindergarten through third-grade students in schools located in a ‘crisis zone,’ or areas within 1,000 feet of gunfire. The Commissioner would adopt a curriculum with hierarchically ordered skill training in weekly, 25-minute individualized sessions. Meetings would address monitoring one’s own and others’ emotions, building resilience, gaining effective coping skills for dealing with complex emotions, and maintaining control and equilibrium. The Commissioner may contract with a third-party to establish and administer the program.
The Commissioner shall select the Jersey City School District and, upon application in such form as required by the Commissioner, six additional school districts with schools located in a crisis zone to participate in the pilot program. The six additional school districts selected by the Commissioner shall include two districts in each of the southern, central, and northern regions of the State. All public schools, including charters and renaissance projects, would be eligible to participate in the pilot program. The bill advanced in a 4-1 vote and has been Second-Referenced to the Senate Budget and Appropriations Committee. NJPSA supports this Bill.
If you would like to discuss, or have questions about any of the legislative initiatives that moved this week, please contact your NJPSA Government Relations team. Department Director Debbie Bradley Debra Bradley or Assistant Director Jennie Lamon.
If you are interested in legislation and education policy, please consider joining the NJPSA Legislative Committee. We are meeting virtually a week from today to discuss and develop positions on pending legislation and regulations. We always have lively and often entertaining discussions! EmailJennie Lamon for a calendar invite or to join our committee!
Thank you for your advocacy, and for all that you do.