Sick Leave Banks The Senate Education Committee on January 26 released legislation that would grant statutory authorization for school districts to create sick leave banks for school employees.

The legislation, S-548 (Smith, Palaia), does not mandate the creation of sick leave banks. Rather, it would require boards that negotiate their creation to follow the model in the bill.

At present, a small number of school districts have established sick leave banks through their collective bargaining agreements.The sick leave banks allow employees to donate their unused sick time for use by a colleague suffering from a long-term illness.

In addition to establishing the concept in law, S-548 would require that a committee of the board and the employees’ union administer the sick leave bank. That requirement would contradict existing statute, N.J.S.A. 18A: 30-6, which specifically grants the local board authority over the granting of sick leave beyond the individual employee’s statutory and contractual entitlements.

NJSBA believes school districts should have the ability to create sick leave banks. The Association will work with S-548’s sponsors to secure amendments to make the bill consistent with existing statute.

Student Health and Safety
The Assembly and Senate Education Committees on January 26 released several bills that address student health and safety.

Assembly Education Committee
Civil Liability A-735 (Blee, Wolfe, Stanley) would provide immunity from civil liability for school personnel and school bus contractor employees who use reasonable force or restraint to stop fights on school property or to defend themselves against a student assault. The bill contains a provision that permits lawsuits under the standard of “gross negligence.” NJSBA supports A-735 as an appropriate step to promote a safe school environment. The bill was released with amendments.

Student Nutrition A-883 (Stanley, Stender, Conaway) would prohibit schools from providing foods that the U.S. Department of Agriculture defines as having “minimal nutritional value” until at least 30 minutes after the end of the school day.

A-883 would exempt home-baked goods specifically used for fundraising.

NJSBA supports A-883 based on policy addressing child nutrition and its impact on student health and academic performance.

Prepaid Lunch A-370 (Chatzidakis, Bodine) would allow a board of education to establish pre-paid lunch programs for its school cafeterias. The bill was prompted by concerns that children may use their school lunch money for purposes other than the purchase of healthy food. A-370 would enable local school districts to offer an option to parents and guardians who want to ensure that their children receive nutritious meals.

Similar legislation, S-338 (Bark, Allen), was released by the Senate Education Committee on January 26. A-370 and S-338 are in position for votes by their respective houses.

NJSBA supports the measures based on the correlation between early nutritional patterns and physical and mental development.

Senate Education Committee
Reporting Violence S-246 (Palaia, Allen) would require school districts’ annual violence and vandalism reports to specifically report on the number of pupils removed from the general education program pursuant to the state’s Zero Tolerance for Guns Act. That statute requires immediate removal from the regular education program of any pupil who is in possession of a firearm on school property, in a school bus or at a school-sponsored function. Such reporting is already required under the federal Gun Free Schools Act.

The bill would also set in statute the current process of reporting incidents of violence annually to the state.

NJSBA was a prime mover behind establishment of the initial violence and vandalism reporting system in the late 1970s. It supports S-246 based on a belief that information on the incidence of violence is necessary for school district efforts to promote safe school environments.

Drug Education S-621 (Girgenti, Gormley) would add education about “designer” drugs, such as ecstasy, to the state’s Core Curriculum Content Standards in the area of Comprehensive Health and Physical Education. To implement the legislation, the commissioner of education would develop a curriculum framework with sample learning activities and resources.

NJSBA supports the legislation because it would ensure that students learn about the dangers of newer drugs that might not be part of current drug awareness programs.