The annual June flurry of legislative activity continues at the NJ Statehouse. On Thursday, June 9th, both the State Senate and the General Assembly had full committee schedules. The Assembly Education Committee, the Assembly Military and Veterans’ Affairs Committee, the Assembly Transportation and Independent Authorities Committee, the Assembly Science, Innovation & Technology Committee, the Assembly Women and Children Committee, and the Senate Transportation Committee met and approved various measures affecting New Jersey schools. Legislation addressing student mental health, school safety, and school bus driver shortages were among those considered this week. NJPSA took positions, provided testimony, and sought amendments on several of the bills.
Assembly Education Committee
Mental Health Assistance Pilot Program
A-660 establishes a four-year pilot program in which the participating school districts will establish a mental health assistance program for students in grades kindergarten through 12. The purposes of the pilot program are to identify issues affecting student mental health and the possible impact of those issues on academic performance, and to provide intervention, support, and referral services in a confidential setting to help students who may be experiencing mental health difficulties. A school district that wants to participate in the pilot program will submit an application and proposal to the Commissioner of Education, and the commissioner will select up to 15 school districts for participation. The Committee voted favorably (7-0-0). This bill has previously been moved forward by the Assembly Women and Children Committee by a vote of (5-0-0) in May. NJPSA supports this bill.
Revises Definition of HIB
A-1841 would revise the definition of HIB under the “Anti-Bullying Bill of Rights Act.” Under that law, the term “harassment, intimidation or bullying” is defined as any gesture, action, or electronic communication that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic. This bill would revise the definition to mean any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived action, behavior, or characteristic of the aggrieved party. The Committee voted unanimously to move this bill forward (7-0-0). NJPSA has significant concerns with this bill and continues to work with the Sponsor.
Nonpublic School Nursing Services
A-1906 would alter the procedure for reimbursing nurses who provide nonpublic school nursing services in certain circumstances. Under the bill, the State aid provided to a school district for the provisions of nonpublic school nursing services will be distributed by the school district directly to the individual providing nursing services to the nonpublic school students if the nonpublic school provides to the school district all required documentation attesting to the individual’s status as a registered nurse licensed by the New Jersey State Board of Nursing; the nonpublic school provides to the school district documentation of the actual hours the individual provided nursing services at the nonpublic school; and the nonpublic school, on a form developed by the Department of Education, submits to the school district an attestation that all documentation provided to the school district is valid and an agreement to assume any liability that may arise if the individual is determined not to be a registered nurse licensed by the New Jersey State Board of Nursing during the school year. The Committee voted unanimously to move this bill forward (7-0-0). NJPSA is neutral in this bill.
Threat Assessment Teams Required at Every School
A-3229/A-4075 requires school districts to develop multidisciplinary threat assessment teams at each school in the district. To the extent possible, each team should include a school psychologist, school counselor, school social worker, or other school employee with expertise in student counseling, a teaching staff member, a school principal or other senior school administrator, and a safe schools resource officer or school employee who serves as a school liaison to law enforcement. Under the bill, the Department of Education, in consultation with State law enforcement agencies and the New Jersey Office of Homeland Security and Preparedness shall develop guidelines for school districts regarding the establishment and training of threat assessment teams pursuant to this act. The Committee voted unanimously to move this bill forward (7-0-0). NJPSA supports this Committee Substitute.
Requires Critical Incident Mapping for Every School
A-3835 would amend current law to require boards of education and chief administrators of nonpublic schools to provide to local law enforcement authorities critical incident mapping data, rather than blueprints and maps, for all schools and school buildings within the school district or nonpublic school. For purposes of the bill, “critical incident mapping data” means information provided in electronic or digital form to assist first responders in an emergency including, but not limited to: aerial images of schools; floor plans, including room and suite numbers; building access points; locations of hazardous materials and utility shut-offs; and any other relevant location information. The Committee released the bill by a unanimous vote of (7-0-0) and it has now been referred to the Assembly Law and Public Safety Committee. NJPSA supports this bill, but has asked for an amendment to include a funding stream for the state to cover any costs incurred by implementing this bill.
Referrals for Mental Health Counseling
A-4086 would permit a student assistance coordinator, school counselor, or school psychologist or other mental health professional working in a school district to refer, or help facilitate the referral of, a student to a private individual licensed to provide professional counseling, for mental health assessments and services. An individual licensed to provide professional counseling would include, but not be limited to, a psychiatrist, certified social worker, licensed clinical social worker, licensed social worker, licensed marriage and family therapist, certified psychoanalyst, or licensed psychologist. A student assistance coordinator, school counselor, or school psychologist or other mental health professional working in a school district will not be able to refer a student to a private individual licensed to provide professional counseling with whom the district employee, or the employee’s immediate family, or the employee in combination with his or her family has a significant beneficial interest. The Committee released the bill by a unanimous vote of (7-0-0) and the bill is now on 2nd Reading. NJPSA supports this legislation.
Assembly Military and Veterans’ Affairs Committee
Supplemental Appropriation for Military Impact Aid
S-1929/A-3668 would provide a FY 2022 supplemental appropriation from the Property Tax Relief Fund in the amount of $1,135,749 to provide State aid to certain school districts. This amount is added to the fiscal year (FY) 2022 appropriation for Stabilization Aid in the Department of Education. A district is required to have received a payment of federal Impact Aid in the 2019-2020 school year according to the district’s Annual Comprehensive Financial Report for that school year. As a further condition of eligibility, a school district is required to be: (1) a limited purpose regional school district located in a county of the fifth class, which county has a population density of over 1,300 people per square mile according to the most recent federal decennial census data for 2020, and had current resident enrollment of between 1,300 and 1,350 students during the enrollment count taken on October 15, 2020; or (2) a school district located in a county of the second class, which county has a population of over 500,000 and a population density of under 1,200 according to the most recent federal decennial census data for 2020, and had current resident enrollment of between 2,100 and 2,265 students during the enrollment count taken on October 15, 2020. The Committee released the bill by a vote of (5-0-0). This bill has previously been passed by the full Senate, and is now on 2nd Reading in the General Assembly. NJPSA supports this bill.
Assembly Transportation and Independent Authorities Committee
Authorizes Schools to Administer CDL for School Bus Drivers
A-3564 authorizes the administration of all motor vehicle services associated with becoming a school bus driver, except for the road test, by school districts, subject to rules and regulations promulgated by the Chief Administrator of the New Jersey Motor Vehicle Commission (MVC). The bill requires the MVC to implement a program that promotes the administration of these motor vehicle services at school facilities and requires the MVC to coordinate with school districts for the administration of these services for prospective school bus drivers. The Committee voted favorably to advance this bill (11-0-1-0). The bill is now on 2nd Reading in the General Assembly. NJPSA is neutral on this bill.
Extends Service Life of School Buses
A-3990 would extend the statutorily permitted service life of school buses by one year. This bill is intended to provide relief to school districts that are experiencing a shortage of school bus inventory as a result of the COVID-19 pandemic and other outside factors. The bill explicitly provides that its provisions are not to be construed to allow the use of any school bus for pupil transportation purposes if the school bus is determined to be unsafe or unfit for pupil transportation. The Committee reported the bill as a Substitute (11-0-1-0). The bill is now on 2nd Reading in the General Assembly. NJPSA supports this bill.
Assembly Science, Innovation & Technology Committee
Reporting Cybersecurity Incidents
A-1983 requires municipalities, counties, and school districts to report cybersecurity incidents. Under the bill, the Attorney General, in consultation with the New Jersey Cybersecurity and Communications Integration Cell, would develop an online cybersecurity incident reporting form on the New Jersey Cybersecurity and Communications Integration Cell’s Internet website, specific for a designated employee of (1) a governing body of a municipality; (2) a governing body of a county; and (3) a school district; to report a cybersecurity incident. The bill provides that the online form would be used promptly after the designated employee of a municipality, county, or school district has been made aware of a cybersecurity incident. The Committee reported this bill out of Committee (6-0-1-0) and the bill has now been referred to the Assembly Appropriations Committee. NJPSA is neutral on this bill.
Assembly Women and Children
Establishing a New Cabinet Department of Early Childhood
A-4178 would establish a new principal department within the Executive Branch, the Department of Early Childhood. The bill transfers the functions of the current Division of Early Childhood Education in the Department of Education to the Department of Early Childhood. In addition, the bill transfers to the new department: all responsibilities of the Department of Education relating to students in grades preschool through three including, but not limited to, those parts of the following programs relating to this age group: teacher licensing; IDEA part B; Title I services; regional achievement centers; migrant and homeless education services; bilingual education services; parent training and information centers; and the New Jersey Council for Young Children; all responsibilities of the Department of Human Services relating to children from pregnancy to age eight, including but not limited to, those parts of the following programs relating to this age group: subsidized child care programs and services; child care development block grants; wraparound care; New Jersey First Steps Infant Toddler Initiative; child care resource and referral agencies; childcare workforce registry; New Jersey School-Age child care; and New Jersey Inclusive Child Care; all responsibilities of the Department of Children and Families relating to children from pregnancy to age eight including, but not limited to, those parts of the following programs relating to this age group: New Jersey Home Visitation Program; Help Me Grow Initiative; Project LAUNCH; New Jersey Strengthening Families Initiative; Project TEACH (Teen Education and Child Health); Parent Linking Program; and Family Success Centers; and all responsibilities of the Department of Health relating to children from pregnancy to age eight, including but not limited to, those parts of the following programs relating to this age group: Improving Pregnancy Outcomes Program; New Jersey WIC Breastfeeding Services; services for perinatal mood disorders; home visitation programs; early intervention system under Part C of the Individuals with Disabilities Education Act (IDEA); and NJ Early Care and Education Learning Collaborative Project (NJ ECELC). The bill also transfers all the functions of the Department of Children and Families regarding the licensing of child care centers and the registration of family child care providers to the new Department of Early Childhood. The Committee reported the bill favorably (5-0-0-0), and it has been referred to the Assembly Appropriations Committee. This bill has been previously approved by the Senate Education Committee by a vote of (3-2-0).
NJPSA submitted testimony, and is seeking amendments to this bill.
Senate Transportation Committee
Safety Features for School Buses that Transport Students with Special Needs
S-57 would require school buses that transport students with special needs to be equipped with: a video camera on the interior of the school bus to monitor student safety; a global positioning system that provides information about the location and speed of each school bus in real time; and two-way communications equipment. The bill requires a school bus driver to comply with the provisions of law that prohibit a school bus driver from using a cellular or other wireless telephone while operating a school bus. The bill provides that video footage and global positioning system data collected from a school bus video camera and global positioning system are not to be considered government records. The bill is designated as “Emma’s Law” after Emma, a non-verbal, special needs student who experienced a stressful and upsetting event when her bus driver became lost for several hours while transporting her, and fellow students, to school. The experience was traumatic for Emma, who was unaware of where the school bus was going and was unable to communicate with the school bus driver. It is the sponsor’s intent that this legislation will prevent similar traumatic events from occurring in the future. The Committee reported favorably on this bill (6-0-1-0) and the bill has been second referenced to the Senate and Budget Appropriations Committee. NJPSA expressed concerns on this bill, especially the fiscal impact this bill would have on school districts.
Extends Service Life of School Buses
S-2593 would extend the statutorily permitted service life of school buses by one year. This bill is intended to provide relief to school districts that are experiencing a shortage of school bus inventory as a result of the COVID-19 pandemic and other outside factors. The bill explicitly provides that its provisions are not to be construed to allow the use of any school bus for pupil transportation purposes if the school bus is determined to be unsafe or unfit for pupil transportation. The committee reported this bill as a Senate Committee Substitute (6-0-1-0), and the bill has referred to the Senate Budget and Appropriations Committee. NJPSA supports this legislation.
Type S School Bus Drivers
S-1682/S-2152 would permit the holder of a valid non-commercial basic driver’s license who has completed certain training to operate a Type S school bus to transport children to and from school without needing to obtain a commercial driver license, passenger endorsement, or school bus endorsement. Such drivers are subject to certain provisions of law applicable to school bus drivers as enumerated in the bill. Under the bill, the Commissioner of Education is required to establish a curriculum to train Type S school bus drivers on topics concerning the transportation of children to and from school. This bill was reported from the Committee as a Substitute (6-0-1-0) and is now on 2nd Reading. NJPSA supports this legislation.
For additional information and/or history on these, or any other measure pending before the NJ Legislature, please visit https://www.njleg.state.nj.us. As always, if you have questions about these, or any other legislative matters, please contact Director of Government Relations Debbie Bradley dbradley@njpsa.org or Assistant Director of Government Relations Jennie Lamon jlamon@njpsa.org at any time. Thank you for your continued support and advocacy, and for all that you do.