State House Wrap Up Week of December 11th, 2023

Posted · Add Comment

As you no doubt have heard us say, the “lame-duck session” in the NJ Legislature is marked by a flurry of activity as departing officials seek to finalize pending bills, last-minute negotiations, new bills, and important votes on consequential issues drive the legislative agenda. This past week was no exception. Among the many committee meetings at the Statehouse this week was the Senate Education Committee, the Assembly Education Committee, and the Joint Committee on the Public Schools.  A bill that would eliminate annual teacher evaluations was introduced on Monday of this week and had a hearing on Thursday of this week.  As did a bill that would limit most instances of virtual learning and require new hiring requirements on districts despite an ongoing teacher shortage. The Committee also heard a bill that was initiated by NJPSA member feedback requiring the NJDOE to establish a database of novice teachers and host job fairs. The Senate Education Committee had a discussion about eliminating census based funding for special education under the School Funding formula. The Joint Committee on Public Schools held a hearing about the desegregation of New Jersey’s public schools. Your NJPSA Government Relations team was on the ground in Trenton, covering it all. 

 

Senate Education Committee 

 

A bill that would require boards of education to directly employ certain professionals; permit the board of education to contract for certain personnel; and permit the  use of virtual or remote instruction for public school students in certain circumstances

Under the bill, S-4233, a board of education  is required to directly employ all persons performing any duty, function, service, assignment, or job requiring an appropriate certificate issued by the State Board of Examiners for, or on behalf of, a board of education. The bill also requires instructional services provided by a school district, including a charter school or a renaissance school project, to be delivered through in-person methods unless otherwise permitted by State law. Exceptions in the bill would allow districts to bring some workers, like substitute teachers, instructors providing individualized lessons, and those involved in special education services, on as contractors.  The Senate Education Committee held the bill from a vote on Thursday, but plans to put it back up for a vote as early as next week, NJPSA opposes this bill as drafted, however is working with the Sponsor on amendments. 

 

A bill that would establish the “Male Teachers of Color Mentorship Pilot Program” and appropriate $50,000

S-1660/A-3945 would establish a three-year “Male Teachers of Color Mentorship Pilot Program,” which is to be developed and operated by the Commissioner of Education.  The commissioner will select one or more senior public institutions of higher education, which offer educator preparation programs, and one or more school districts that each employ at least one male teacher of color to participate in the pilot program. Under the pilot program, the commissioner will select 10 male students of color from among the senior public institutions of higher education selected for participation in the pilot program and 10 male teachers of color from the school districts selected for participation in the pilot program.  To be eligible for the program, a student is required to be in his final year of an educator preparation program. The commissioner will then pair each selected student with a current teacher, who will serve as the student’s mentor through the candidate’s last year of his educator preparation program and, if the student is hired for employment in the participating district upon the student’s graduation from an educator preparation program, for the first two years of the student’s teaching career. A school district that provides mentoring services under the provisions of the bill will conduct a review of the student’s performance under the pilot program following completion of the student’s final year in an educator preparation program.  A school district that provides mentoring services to a student under the pilot program is required to make a good faith effort to hire the student following the student’s graduation from an educator preparation program, if the student receives a favorable performance review under the review conducted by the school district. Under the pilot program, a mentor will receive a stipend of $5,000 for each year of participation in the pilot program. At the conclusion of the pilot program, the commissioner will submit a report to the Governor and Legislature on the implementation and effectiveness of the pilot program, including the commissioner’s recommendation on the advisability of the program’s continuation and expansion to additional school districts and senior public institutions of higher education in the State.The bill appropriates from the General Fund to the Department of Education $50,000 to establish the “Male Teachers of color Mentorship Pilot Program.” This bill was previously passed by the full Assembly on June 30, 2023 by a vote of (70-7).  The Senate Education Committee made amendments to the bill before unanimously advancing this legislation to Second Reading, 

NJPSA Supports this legislation. 

 

A bill to recognize the contributions of paraprofessionals and school-related personnel

SJR-59, a joint resolution, would designate 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 Committee unanimously advanced this bill.  NJPSA Supports this legislation. 

 

A bill to establish limits on transcript release restrictions at institutions of higher education

As amended, A-1198 would establish conditions under which an institution of higher education or proprietary institution licensed to offer academic degrees may refuse to release a transcript to a student who has an outstanding account balance at the institution. Under the bill, if a student requests a transcript for purposes of transfer to another institution, application for enrollment in a graduate degree program, or for employment including internships, fellowships, certifications, licensures, and special programs, an institution cannot, due to an outstanding balance on a student’s account of $2,000 or less of non-mandatory charges:  (1)  refuse to provide a transcript for a student on the grounds that the student owes a debt; (2)  condition the provision of a transcript on the payment of a debt, other than a fee charged to provide the transcript; (3)  charge a higher fee for obtaining a transcript, or provide less favorable treatment of a transcript request because a student owes a debt; or (4)  use transcript issuance as a tool for debt collection. The bill further provides that an institution may condition the provision of a transcript to a student on the student’s agreement to enter into a good faith repayment plan and submission of the first payment on that plan if the student owes the institution: (1) any amount for unpaid tuition, room and board, or other mandatory student fees or charges; or (2)  an amount exceeding $2,000 for non-mandatory charges. Under the bill, an institution cannot restrict or condition the provision of a transcript to a student who attests that the transcript is needed to apply for new student loans or to refinance existing student loans. The bill provides that a violation by an institution of the bill’s requirements will constitute an unlawful practice under the consumer fraud act, and will be subject to all remedies and penalties available pursuant to the provisions of that act. Finally, the bill provides that its provisions will not apply to the release of transcripts to students who reside outside of the United States. The Senate Education Committee unanimously advanced this bill. NJPSA was Neutral on this bill, as it is a higher education issue. 

 

A bill that would remove expected family contribution from the calculation of financial need

S-1023/A-4814 would remove the expected family contribution from calculation of financial need under circumstances in which public institutions of higher education may reduce student’s institutional financial aid.  Current law defines financial need as a student’s cost of attendance minus a student’s expected family contribution. This bill would remove expected family contribution from the calculation of financial need.  Current law provides that a public institution of higher education may only reduce a student’s institutional financial aid, as a result of the awarding of private scholarships to the student, under certain circumstances. One of the circumstances in which an institution could reduce institutional aid under the law is if a student’s total financial aid from all sources exceeds the student’s financial need. Pursuant to the bill, the institution may only reduce the student’s institutional financial aid until the student’s total financial aid no longer exceeds the student’s financial need. The Senate Education Committee unanimously advanced this bill. NJPSA was Neutral on this bill, as it is a higher education issue. 

 

A bill that prohibits institutions of higher education from withholding transcript due to outstanding balance on student’s account

S-1115 would prohibit institutions of higher education and certain proprietary institutions from withholding a student’s transcript due to an outstanding balance on the student’s account. This bill prohibits an institution, due to an outstanding balance on a current or former student’s account, from: refusing to provide a transcript for a current or former student on the grounds that the student owes a debt; conditioning the provision of a transcript on the payment of a debt, other than a fee charged to provide the transcript; charging a higher fee for obtaining a transcript, or provide less favorable treatment of a transcript request because a current or former student owes a debt; or using transcript issuance as a tool for debt collection. The Senate Education Committee unanimously advanced this bill. NJPSA was Neutral on this bill, as it is a higher education issue. 

A Bill Concerning New Jersey Civic Information Consortium

S-3746/A-5293 would revise the provisions of State law concerning the operations of the New Jersey Civic Information Consortium. When the consortium was established in 2018, it was the first of its kind. The lessons learned in the years since its inauguration have led to amendments in 2021, and further changes proposed in this bill. Primarily, the bill staggers the terms of service for the consortium’s board of directors.  The bill also removes the provisions of law concerning hiring program officers and administrative staff. This bill broadens the categories of university representatives that can serve as grantee partners and permits unspent funds to be used in subsequent years, allowing the flexibility to provide multi-year grants. The Committee amended and then unanimously advanced this bill,  NJPSA is Neutral on this Legislation.

A bill addressing vacancies on boards of education in regional school districts

S-2158 would provide that in certain cases vacancy in membership of board of education of limited purpose regional school district will be filled by majority vote of board of education of constituent district represented by former board member.   Under current law, in certain cases, a vacancy in the membership of a board of education is filled by a majority vote of the remaining members of the board after the vacancy occurs.  As amended, this bill provides that in those cases, if the vacancy to be filled is a vacancy on the board of a limited purpose regional school district, the vacancy is to be filled by a majority vote of the members of the board of education of the constituent district represented by the former board member. The Committee made minor technical amendments and then unanimously advanced this bill,  NJPSA is Neutral on this Legislation.

 

A bill eliminating vote on school budgets for Type II school districts in April elections, except for separate proposals to spend above cap

Under current law, a Type II school district may determine to hold their annual school election on either the third Tuesday in April or during the general election in November.  Current law provides that any district that holds its school election in April is also required to obtain voter approval of its base budget, which is a budget with a proposed tax levy that does not exceed its tax levy cap.  Under S-4209, as amended, a Type II school district that opts to hold its annual school election in April will no longer be required to obtain voter approval for their base budgets.  The amended bill provides that any proposal for additional funds above the school district’s tax levy cap will continue to be required to be presented to the voters for approval. Under the amended bill, a school district that holds its annual school election in November may submit to the voters at the April school election a proposal for additional funds or a proposal to issue school bonds.  NJPSA is Neutral on this Legislation.

 

Eliminates use of census-based funding of special education aid in school funding law

Under the provisions of the “School Funding Reform Act of 2008,” P.L.2007, c.260 (C.18A:7F-43 et al.), the State provides special education aid to school districts using the census-based method.  Under this method, districts receive funding for special education based on the assumption that a fixed percent of the total student population requires special education services, rather than using the actual number of special education students to determine the amount of State aid that school districts will receive.  S-2425 would eliminate the use of the census-based methodology, and calculate State aid for special education based on the actual number of special education students included in the district’s resident enrollment. The Committee heard this bill for discussion only on Thursday.  Chairman Gopal said to expect this issue to come up again in January,  NJPSA is monitoring this legislation and further discussions. 

 

Assembly Education Committee

 

A NJPSA member initiated bill that would require the NJDOE to establish a database of novice teachers and host job fairs 

A-5741 was born out of a NJPSA member idea.  The bill would  This bill, as amended, requires the Department of Labor and Workforce Development (DOLWD), in collaboration with the Department of Education (DOE), to establish a database of novice teachers to assist school districts in filling staffing vacancies and requires the DOLWD, in collaboration with the DOE, to hold three job fairs per year. Under the amended bill, the DOLWD, in collaboration with the DOE, is required, within 180 days of the effective date of the bill, to establish and maintain a database of novice teachers that is to be available to school districts and novice teachers to assist in filling staffing vacancies.  The Commissioner of Education is required to provide certain information for each novice teacher to the DOLWD to be included in the database.  The amended bill requires the Commissioner of Labor and Workforce Development to develop a mechanism by which a novice teacher may opt out of inclusion in the database and permits a novice teacher to request to be excluded from the database at any time.  Under the amended bill, a novice teacher is permitted to request the contact information included in the database be limited to that of a preferred method of contact.  The Commissioner of Labor and Workforce Development is required to comply with this request.

   

A bill establishing a “Twelfth Grade Postsecondary Transition Year Pilot Program”

A-3319 would establish in the Department of Education a three-year “Twelfth Grade Postsecondary Transition Year Pilot Program.”  The purpose of the pilot program is to offer participating 12th grade students with a guided start to postsecondary coursework, through the provision of targeted supports and no-cost courses.  The pilot program is to be offered to students in school districts that have been impacted substantially by the COVID-19 public health crisis, where learning loss as a result of the pandemic has increased the likelihood of students abandoning their higher education goals. Under the bill, the Commissioner of Education is directed to select two districts in each of the southern, central, and northern regions of the State to participate in the program and seek a cross section of school districts from urban, suburban, and rural areas of the State.  The commissioner is to select districts impacted substantially by the COVID-19 public health crisis which have a high proportion of economically disadvantaged students and low rates of college enrollment among recent high school graduates. The Assembly Committee unanimously advanced this bill.  NJPSA supports this legislation.

 

Establishes “VETeach Pilot Program” in DOE to facilitate teacher certification of veterans

A-4361/S-2764 would establish the “VETeach Pilot Program” in the Department of Education.  The purpose of the pilot program is to address the shortage of certified public school teachers by taking advantage of the qualified workforce represented by the State’s veterans. Under the pilot program, a participating four-year public institution of higher education will enroll, in a 36-month teacher preparation program, veterans who served in the armed forces on or after September 11, 2001.  The program will lead to a baccalaureate degree and completion of the requirements necessary to apply to the State Board of Examiners for a certificate of eligibility with advanced standing, which will authorize the veteran to seek employment as a teacher in grades kindergarten through eight, and in certain secondary education fields. Under the bill, a four-year public institution of higher education that wishes to participate in the pilot program is to submit an application to the Commissioner of Education in a form prescribed by the commissioner.  The commissioner is to select up to four institutions to participate in the pilot program. The Assembly Committee unanimously advanced this bill.  NJPSA supports this legislation.

 

A bill that would require school districts to provide instruction on grief as part of New Jersey Student Learning Standards in Comprehensive Health and Physical Education

A-5015/S-3330 would direct the State Board of Education to adopt New Jersey Student Learning Standards in Comprehensive Health and Physical Education pertaining to grief.  The amended bill also requires each school district to include instruction on grief in an appropriate place in the curriculum of students in grades eight through 12. The instruction is to include information on the physical, emotional, and behavioral symptoms of grief; coping mechanisms and techniques for handling grief and loss; and resources available to students, including in-school support, mental health crisis support, and individual and group therapy. Under the amended bill, the Commissioner of Education is required to provide school districts with age-appropriate resources concerning grief. The Assembly Committee unanimously advanced this bill.  NJPSA supports this legislation, after working with the sponsors and other education stakeholders to secure important amendments. 

 

A bill that would direct the NJDOE to develop guidelines for school districts concerning student mental health services

A-5307 directs the Department of Education, in partnership with the Department of Human Services and the Department of Children and Families, to develop and distribute to school districts guidelines for providing mental health services to students.  The purpose of the guidelines will be to assist school districts in enhancing and improving mental health services for students.  Under the bill, the guidelines will be reviewed and updated annually by the Department of Education.  In developing and updating the guidelines, the department will seek the input and recommendations of school district administrators, educators, mental health professionals, and other appropriate stakeholders. The Assembly Committee unanimously advanced this bill.  NJPSA supports this legislation.

 

A bill that would require boards of education to directly employ certain professionals; permit the board of education to contract for certain personnel; and permit the  use of virtual or remote instruction for public school students in certain circumstances

Under the bill, A-5874, a board of education  is required to directly employ all persons performing any duty, function, service, assignment, or job requiring an appropriate certificate issued by the State Board of Examiners for, or on behalf of, a board of education. The bill also requires instructional services provided by a school district, including a charter school or a renaissance school project, to be delivered through in-person methods unless otherwise permitted by State law. Exceptions in the bill would allow districts to bring some workers, like substitute teachers, instructors providing individualized lessons, and those involved in special education services, on as contractors.  The Assembly Education Committee passed the bill with comments that the bill would have another hearing and will likely be amended. NJPSA opposes this bill as drafted, however is working with the Sponsor on amendments. 

 

A bill that would revise the schedule for summative evaluations of certain education professionals; limits collection of teacher generated student growth data

A-5877 revises the schedule for summative evaluations of tenured teachers, principals, assistant principals, and vice-principals. Under current law these employees are required to receive a summative evaluation every year. Pursuant to the bill’s revised schedule, once an employee acquires tenure, a summative evaluation will not occur until two years following the acquisition of tenure. For each summative evaluation, the amended bill provides that if an employee: receives a rating of highly effective, the next summative evaluation will occur three years later; receives a rating of effective, the next summative evaluation will occur either two or three years later, at the discretion of the employee’s supervisor; or receives a rating of partially effective or ineffective, then the employee is required to receive a summative evaluation for the each of the following two years. In the latter case, the bill provides that: if the employee is rated ineffective or partially effective in the first year and in the following year is rated ineffective, then the superintendent is to file a charge of inefficiency. However, if the employee is rated partially effective in two consecutive summative evaluations or is rated ineffective in the first year and partially effective the following year, the superintendent is to file a charge of inefficiency but may defer the filing of tenure charges. Finally, if the employee receives one rating of ineffective or partially effective and one rating of effective or highly effective, the employee will continue to receive annual summative evaluations until receiving two consecutive ratings of effective or highly effective. The employee will at that point return to the evaluation schedule established under the bill. The Assembly Education Committee passed the bill with comments that the bill would have another hearing and will likely be amended. Assemblyman Simonsen abstained. NJPSA opposes this bill as drafted.  

The Legislature will be back at it on Monday, and your NJPSA Government Relations team will be there and will report back to you! Thank you for your time, your advocacy, and for all that you do!