The Annex at West State Street is once again full of life as legislators, staff, lobbyists, and members of the public return to committee meeting rooms. This week, the Assembly Education Committee met to consider five bills. The Assembly Labor Committee also considered bills that we are closely monitoring. Additionally, Governor Murphy sent a bill back to the Assembly with his Conditional Veto.
Governor Murphy Conditionally Vetoed Bill Permitting Certain Persons to Operate Type S School Buses
On Thursday, September 12, Governor Phil Murphy issued a Conditional Veto for A-2180/S-3000, a bill aimed at addressing the shortage of school bus drivers in New Jersey.
This bipartisan legislation aimed to establish a new “Type S School Bus Certificate” through the New Jersey Motor Vehicle Commission. This certificate would allow individuals to operate a Type S school bus for transporting children to and from school without needing a commercial driver’s license, passenger endorsement, or school bus endorsement. Type S buses are smaller vehicles designed to carry up to nine passengers, not including the driver. The bill received strong backing from the New Jersey Principals and Supervisors Association and several other educational organizations.
In his veto message, Governor Murphy commended the sponsors for their efforts to help school districts meet transportation demands. However, he expressed concerns that the bill’s approach to increasing the driver pool might jeopardize student safety. He highlighted several issues, noting that the bill would allow student transport in vehicles without specific safety inspections, insufficient oversight of Type S certificate holders’ driving privileges, and a lack of assurance that these drivers would be adequately trained and qualified to transport children.
Despite vetoing the bill, the governor recognized the ongoing challenges school districts face in securing qualified bus drivers. He suggested amendments that would enhance existing legislation, allowing districts to expand their driver pool in a way that mitigates risks to student safety. Currently, state law permits qualified school personnel to transport students for school-related activities in private vehicles. The governor’s conditional veto recommends extending this provision so that school staff can also transport students to and from school, using vehicles with a capacity of eight passengers or fewer, excluding the driver. Drivers would need to comply with specific age, driving record, physical, training, and background check requirements.
We now await action by the Legislature to determine the future of this bill.
Assembly Education Committee Reconvenes After Summer Recess
This week, the Assembly Education Committee met to consider the following bills:
Authorizes use of school bus monitoring systems
A-1432 would authorize the use of a school bus monitoring system to enforce the State law governing passing a school bus. The bill is permissive, leaving the decision to utilize such bus monitoring systems for local district decision. Under the bill, a civil penalty of $250 would be imposed on a person who passes a school bus in violation of current law if the violation is evidenced by the recorded images captured by a school bus monitoring system. Under these circumstances, any civil penalty imposed and collected for this violation is to be forwarded to the financial officer of the municipality in which the violation occurred and used for general municipal and school district purposes, including efforts to improve the monitoring and enforcement of this law through the utilization of a school bus monitoring system and other public education safety programs. A violation that is evidenced by the recorded images captured by a school bus monitoring system would not result in penalty points or automobile insurance eligibility points being assessed on the violator. The bill permits the Commissioner of Education, the Superintendent of State Police, and the Chief Administrator of the New Jersey Motor Vehicle Commission to adopt rules and regulations to effectuate the purposes of the bill, including specifications and certification procedures for the school bus monitoring systems and devices that may be installed. The bill also permits the Supreme Court of New Jersey to adopt Rules of Court as appropriate or necessary to effectuate the purposes of the bill.
NJPSA supports this permissive legislation. The bill was voted favorably out of committee unanimously, 9-0. The bill is now on Second Reading in the Assembly.
Permits certain mental health professionals working in school districts to refer or help facilitate referral of students to private professional counselors
A-1657 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.
- In the case of a student who is not legally permitted to consent on his own to the assessments and services, the student’s parent or guardian will be notified of the referral or the facilitation of the referral, and the parent or guardian will be required to consent prior to the provision of any assessment or service by the licensed private individual.
- In the case of a referral or the facilitation of a referral of a student to a private individual licensed to provide professional counseling, the bill provides that neither the school district nor the individual making the referral or facilitating the referral will be required to bear the cost of the assessments and services provided to the student.
This bill would not limit a school district’s authority to provide mental health assessments and services to students prior to or after a referral or the facilitation of a referral has been made to a private individual licensed to provide professional counseling.
NJPSA supports this permissive legislation. The bill was voted favorably out of committee with seven members supporting, and two opposing. There was some opposition testimony from parents rights advocates who testified they believed the bill would allow schools to make these referrals without parental knowledge or consent. The bill is now on Second Reading in the Assembly.
Requires DOE to establish central registry of individuals and organizations interested in providing supplemental tutoring support to students
A-1997 directs the Department of Education to establish and maintain a central, searchable registry of individuals and organizations interested in offering free tutoring services to students throughout the State. The registry is to contain the name, contact information, subject matter expertise, and a tutoring availability schedule of each registrant. The DOE is required by the bill to make the registry publicly available to all New Jersey residents on its Internet website.
- The following individuals and organizations may apply to the DOE for inclusion on the central registry: (1) a teacher who holds a New Jersey provisional or standard instructional certificate; (2) a retired New Jersey teacher who was in good standing at the time of retirement; (3) a student enrolled in a two- or four-year institution of higher education in the State; (4) an industry professional with relevant subject matter expertise; (5) an organization with relevant subject matter expertise; and (6) any other person or organization the department deems appropriate. Registrants may not charge or receive any fee for services provided in connection with the registry.
- An individual applying for inclusion on the registry, (except a teacher who holds a New Jersey provisional or standard instructional certification who has undergone a prior criminal history record check as required by law), is required to undergo a criminal history record check prior to inclusion on the registry. An organization applying for inclusion on the registry is required to submit a statement of assurance to the DOE affirming that an individual providing tutoring services on behalf of, or as a representative of the organization, has undergone a criminal history record check. An organization that willfully provides false information specific to this requirement will be fined not more than $500. The DOE may reimburse an individual for the cost of the criminal history record check.
- The DOE is required to inform users of the registry that the information provided on individuals and organizations listed on the registry has not been independently verified and is not meant to be an endorsement or recommendation by the department as to the quality of the tutoring services offered.
NJPSA supports this legislation. The bill was voted favorably out of committee unanimously, 9-0. The bill is now on Second Reading in the Assembly.
Permits boards of education to lease certain school property to federally qualified health centers without bidding
A-4381/S-3156 would add federally qualified health centers (FQHCs) to the list of entities to which a local board of education may lease school buildings and property, no longer necessary for school purposes, for a nominal fee and without following the competitive bidding process. Other entities already on the list include federal, State, and local governmental units, volunteer fire companies and rescue squads, veterans and senior citizens organizations, and certain nonprofit organizations. This bill passed by a vote of (6-3) after lengthy public testimony opposing the bill. The opposition stemmed from parents rights advocates who testified that they believe the FQHC being on-site at the school is a way for students to obtain medical treatment and information without their parents knowledge or consent. The opposition testimony also seemed to suggest, incorrectly, that the FQHC would be a part of the school infrastructure. NJPSA is neutral on this bill.
Assembly Labor Committee Considers Legislation Concerning Hiring Processes
NJPSA has concerns with two bills that could potentially burden the hiring process if enacted. The Assembly Labor Committee favorably released both bills with amendments despite significant concerns raised by organizations representing employers, NJ Citizen Action and others.
Requires employer to disclose information concerning leave eligibility in hiring package
A-4621/S-3628 would require an employer, including a local school district, to disclose an applicant’s eligibility or lack of eligibility to access and utilize family and disability leave and benefits provided for by State and federal law IF the applicant becomes an employee of the employer. This must be given in writing. The bill requires the employer to notify the applicant if he/she will not be eligible for any of the leave or benefits and provide the reason for ineligibility. The employer must also provide access to a Department of Labor and Workforce Development informational website concerning leave and benefits. A failure to do the foregoing could lead to civil penalties of not more than $500.00 per violation.
Requires employers to include in job posting whether posting is for existing position and sets additional job posting requirements
A-4625/S-3509 requires an employer to remove a job posting when a position has been filled, minimally within two weeks of the position being filled. A failure to do so could results in fines ranging from $1,000 to $5,000, with each week that the filled posting is not removed equaling a separate violation subject to penalty. The posting must include a statement that the posting is for an existing vacancy and a timeframe of when the position will be filled. The employer creates an affirmative obligation for employers to remove such postings within two weeks of filling the vacancy and requires the employer to notify any third party job posting company of this fact, even if the employer did not engage the third party poster. Employers must also individually notify the applicants of the status of the vacancy. This bill raised significant concerns for employers, yet it was released from committee. The bill sponsors asked that the bill be second referenced to permit time for amendments.
Note: We are back in the full swing of things at the State Legislature Next week, the Senate Education Committee will meet for its first hearing of the fall. Be sure to stay tuned! For questions or more information, please reach out to your NJPSA Government Relations team, Director Debbie Bradley and/or Assistant Director Jennie Lamon.
-Jennie Lamon, NJPSA Assistant Director of Government Relations