Governor Signs Education Bills

Governor Signs Education Bills

Gov. Jon Corzine last week signed bills dealing with absentee students, fire drills, county consolidation and sick leave banks.

A-868 requires school districts to notify the Division of Youth and Family Services of certain pupil absences. If a student has an unexcused absence for five consecutive school days, the law requires the district’s attendance officer to investigate and notify the superintendent, who must notify DYFS of the absence. The law also includes procedures to be followed when a child transfers to another district. NJSBA supported the bill.

Fire Drills Another bill, S-984/A-3254, requires fire drills to be conducted in schools that are open for summer instructional programs. NJSBA supported the bill for its goal of maintaining the health and safety of children. The measure ensures that the law requiring twice-monthly fire drills during the traditional school year also must be followed during the summer months when a school is operational.

Consolidation The governor also signed S-460/A-2640, which permits the consolidation of boards of education of a county vocational school district and a county special services school district into one board. The law calls for the creation of a combined school board, which would consist of the county superintendent of schools and six other members, appointed by either the chief elected officer or the director of the local board of chosen freeholders. The schools would share a board of education and resources, including equipment, transportation, buildings and ground services. If the county freeholders establish a consolidated board according to the provisions of this law, the county special services school district and the county vocational school district will continue to be funded, operated, and maintained as independent school districts.

Sick Leave The governor signed S-548/A-2532, which establishes a process to create sick leave banks, in which an employee can draw accrued leave donated by other employees. NJSBA had sought amendments to the bill, which was voluntary. The law calls for the administration of sick leave banks to be handled by a committee of three board representatives and three union representatives. Sick leave banks have been negotiable, although NJSBA’s database indicates only 39 districts offer such programs.

In related news, the Senate passed S-2604, which would return the burden of proof to school districts in special education disputes. The bill, opposed by NJSBA, would effectively reverse a 2005 U.S. Supreme Court decision, Schaffer v. Weast. In that case, the high court said the burden should rest with the party bringing a complaint. The court rejected the argument that schools have better access to relevant information than do parents, noting federal law provides parents with numerous safeguards. Currently, 10 states and the District of Columbia have statutorily placed the burden of proof on school districts. The bill now goes to the governor.