The Senate and Assembly Education Committees both met this week and considered a wide range of legislation impacting boards of education. Several other committees also met, and a voting session was held at the State House as the intensity of the lame-duck period increased. The New Jersey School Boards Association will continue to monitor all legislation affecting schools in New Jersey and post weekly Legislative Updates in School Board Notes. For the most up-to-date information regarding specific legislation, please visit the New Jersey Legislature’s website.
Assembly Voting Session
The full Assembly held a voting session on Monday, Dec. 8, and passed the following legislation:
Elimination of Graduation Proficiency Test A-4121 would eliminate the high school graduation proficiency test, which is required under current law to be taken in the 11th grade. The bill would also amend current law to remove various references to the graduation proficiency test, including: the requirement that a statewide proficiency test be included in the state or district standards for graduation from high school; the requirement that an out-of-school youth or adult age 18 or older pass the graduation proficiency test before being granted a state endorsed diploma; the requirement that school district report cards include information regarding the results of the graduation proficiency test; and the requirement that renaissance school projects be evaluated based on students’ performance on the graduation proficiency test. The bill clarifies that a student participating in the State Seal of Biliteracy program would not be required to take a state graduation proficiency test as a condition of graduation from high school.
The NJSBA supports the bill, which was previously approved by the Assembly Education Committee on Thursday, Dec. 4. It has not yet moved in the Senate.
Seniority Service Credit for Educational Support Professionals A-4941 would allow every educational support professional who has served in the active military of the United States and is declared by the United States Department of Defense to be eligible for federal veterans’ benefits to receive equivalent years of employment or seniority credit, up to four years, for that service as if the professional had been employed for the same period of time at the school district. Any military service would be credited towards this employment or seniority credit, including service that occurred prior to the professional’s employment as an educational support professional. Current law provides that a teaching staff member may receive up to four years of credit, in computing length of service for seniority purposes, for military service, and this bill would provide a similar benefit to educational support professionals.
The NJSBA is monitoring the bill, which was previously approved by the Assembly Military and Veterans’ Affairs Committee on Thursday, Dec. 4. It has not yet moved in the Senate.
Concussion Management Teams ACR-165 would urge school districts to establish concussion management teams. As defined in the resolution, a concussion management team is a group of school-based professionals (which may include school physicians, school nurses, school psychologists, school social workers, athletic trainers, and school administrators) who work together to manage a student’s care after a concussion. The concussion management team would ensure that a student could safely return to classroom and sports-related activity after a brain injury and would collaborate with the student’s family and school staff to coordinate care and support throughout the recovery process.
The NJSBA supports the resolution, which was previously approved by the Assembly Education Committee on Thursday, Dec. 4. Its counterpart in the Senate, SCR-128, was approved by the Senate Education Committee in June.
Senate Education Committee
The Senate Education Committee met on Thursday, Dec. 4, and – with the exception of the first bill listed, S-4861 – approved the following bills relevant to boards of education:
District Consolidation Without Voter Approval S-4861 was heard for “discussion only” by the committee and therefore did not receive a vote. It may return to the Senate Education Committee for consideration in the future.
As introduced, the bill would require the executive county superintendent of schools in each county to establish and submit to the Commissioner of Education a consolidation plan to combine all school districts in the county, other than county special services school districts or county vocational school districts. The plan would recommend the consolidation of any school district which has a resident enrollment of less than 500 students, and either the establishment or enlargement of all-purpose regional school districts in the county or the establishment or enlargement of limited purpose regional school districts in the county. The commissioner would then be required to approve or disapprove the consolidation plan no later than six months after the date of receipt of the plan, after which the executive county superintendent would commission a feasibility study – the minimum requirements and assurances of which are listed in the bill – for each proposed all-purpose regional district or limited purpose regional district established or enlarged pursuant to the consolidation plan. Following the feasibility plan, the proposed all-purpose regional district or limited purpose regional district would be established or enlarged within 5 or 6 years, dependent upon whether the plan needs to be revised during the feasibility study process. Voter approval would not be required for any such district establishment or enlargement.
Additionally, the bill would authorize the executive county superintendent to periodically review shared services arrangements between a school district and another district, a municipality, the county, or other unit of local government within that county.
The NJSBA was invited to testify on the bill. In its comments, the Association expressed concerns about numerous aspects of the legislation, most notably the provisions that would bypass voter approval in the consolidation of school districts. While appreciative of the bill’s attempts to reduce costs for both districts and taxpayers, the NJSBA is concerned that removing voter approval from the process would disenfranchise voters who would lose the opportunity to decide what is best for them and their communities. The NJSBA also advocated for expanding and better publicizing the state’s School Regionalization Efficiency Program (SREP) grant program so that districts who are interested in studying consolidation can use available state funding to complete feasibility studies to examine all the possible effects of doing so, given that district consolidation is not a panacea that is guaranteed to save money in all circumstances. Finally, the NJSBA referenced its 2018 report entitled “Impediments to School District Regionalization.”
SFRA Reform (Coughlin/Stanley/Gopal) S-4885 would modify certain provisions of the state school funding law, including requiring the Commissioner of Education to take certain action concerning preliminary state school aid notices and school district budgets, and would create the New Jersey Education Funding Portal.
The bill would require that the commissioner annually, no later than the end of the first week in December, provide each district with a preliminary state aid notice that details the minimum amount of state aid payable to the district in the succeeding school year. Additionally, within two days following the transmittal of the state budget message by the Governor, the commissioner is to notify each district of the projected statewide property value rate and the projected statewide income rate to be used in the calculation of a district’s local share in the year following the succeeding school year. The bill would also amend provisions of law governing the Educational Adequacy Report to require that the Legislature adopt a concurrent resolution to approve the report or that advises the Governor of the Legislature’s specific objections to the report, rather than deeming the report to be approved unless a concurrent resolution is adopted objecting to all or part of the report.
The bill would revise the definition of equalized valuation and district income used in a school district’s calculation of local share to provide that both measures are equal to the average of the district’s values for the preceding three years, except that, when calculating the average, the value used for the prebudget year is to be the lesser of the actual value for that year and the value for the year preceding the prebudget year multiplied by 1.05. For the 2026-2027 school year, the value used for the prebudget year would be the value for the year preceding the prebudget year multiplied by 1.05. Additionally, the bill would allow a school district which is proposed to experience a state school aid reduction to first submit its budget to the commissioner no later than five days following the enactment of the appropriations act for the budget year and to revise the district’s budget at any point within the first six months of the budget year.
The bill would also require NJDOE to establish a New Jersey Education Funding Portal on the department’s website to make available to school districts and members of the public the data inputs and calculations used by the department in formulating state school aid for all districts. The portal would allow individuals to adjust certain data inputs for a school district, including enrollment, equalized property values, and district income, and provide an estimate of the impact of these changes on the district’s state aid. Finally, the bill stipulates that, for the 2026-2027 school year, the statewide property value rate and the statewide income rate would be the same as the rates used in the 2025-2026 school year, and the total amount of statewide equalization aid available for the 2026-2027 school year would be equal to the sum of each school district’s allocation of equalization aid.
In testimony before the committee, the NJSBA expressed its overall support for S-4885 and its efforts to increase transparency, stability, and predictability in the school funding process. The testimony specifically noted the advanced notice of state aid figures, the development of a publicly viewable funding portal, and the switch to multi-year averages for property value and income when calculating local share, while also cautioning that any information provided by NJDOE as a result of these changes must not lose any accuracy that could negatively impact districts’ budget planning.
The bill’s counterpart in the Assembly, A-5966, was approved by the Assembly Education Committee on Thursday, Dec. 4.
Home Instruction Documentation S-1763/A-3340 would empower a general education or special education student’s advanced practice nurse or physician assistant – in addition to their physician – to document the student’s need for home instruction for more than 10 consecutive or, as amended, 17 cumulative school days during the school year due to a temporary or chronic health condition pursuant to NJDOE regulations (N.J.A.C. 6A:16-10.1 et seq.).
The NJSBA is monitoring the bill, which was passed by the Assembly in March.
Water Safety Fact Sheet S-3767/A-4763 would require the Commissioner of Education to develop an educational fact sheet on water safety, in consultation with water safety organizations. The commissioner would be required to make the fact sheet available to school districts and nonpublic schools, and districts would be required to distribute the fact sheet to parents and guardians. Additionally, as amended, the bill would require NJDOE to develop, and update annually, a list of locations where swimming lessons and age-appropriate courses providing instruction to promote water safety are offered, including courses and lessons that are offered for free or reduced prices. School districts would be required to provide access to the list on their websites.
In previous committee testimony, the NJSBA supported the bill as amended. The NJSBA also successfully obtained the amendment to direct the NJDOE to develop a statewide list of locations where swimming lessons and safety courses are offered rather than having each district create their own lists. The bill was passed by the Assembly in May.
Commission on Environmental Education S-4679 would revise the membership and duties of the New Jersey Commission on Environmental Education. The bill would increase the number of members on the commission from 23 to 32; current law states that one member of the commission must be a local school board member, which would not change under this bill.
The NJSBA is monitoring the bill, which has not yet moved in the Assembly.
Joint Legislative Statesmanship Task Force SCR-116 would establish the “Joint Legislative Statesmanship Task Force,” whose purpose would be to promote the importance of civility to students in grades kindergarten through 12 and to emphasize the importance of treating each other with respect and dignity in daily interactions and discourse. The task force would be comprised of 12 members of the Legislature and would be required to annually travel to schools across the state to discuss a minimum set of topics on civility.
The NJSBA supports the concurrent resolution.
Library Awareness Week SJR-31 would designate the second week of September of each year as “Library Awareness Week in New Jersey.” The NJSBA supports the joint resolution.
Clarence “Coach C” Collins Day SJR-143 would designate July 30 of each year as “Clarence ‘Coach C’ Collins Day.” The NJSBA is monitoring the joint resolution.
Assembly Education Committee
The Assembly Education Committee met on Thursday, Dec. 4, and approved the following bills relevant to boards of education:
SFRA Reform (Gopal/Singleton/Donlon/Peterpaul/Reynolds-Jackson) A-5310/S-3917 would add certain requirements for the issuance of the Educational Adequacy Report, permanently fund categorical special education based upon actual enrollment rather than a census-based method, set new parameters for the distribution of extraordinary special education aid, establish a new category of aid called “reduction adjustment aid,” provide for vocational expansion stabilization aid, and establish a task force to review special education funding.
The bill addresses the Educational Adequacy Report and seeks to enhance transparency surrounding state school funding. It would require the NJDOE to make available on the department’s website the calculation of aid payable to each school district in the succeeding year in a user-friendly manner, including explanations of the variables used to determine the district’s aid. It would also allow the Commissioner of Education to initiate a review of certain elements of the funding formula, including the metrics for adjusting costs in intervening years. A draft of the EAR would need to be made available for public comment for at least 30 days, during which time members of the public may provide feedback. Additionally, during the development of the next EAR, the commissioner shall engage a diverse group of stakeholders to review and make recommendations concerning: the calculation of a district’s local share and whether the metrics used are best able to estimate a district’s potential adjusted tax levy; the impact and feasibility of using multi-year averages in the calculation of local share; the abilities of the NJDOE and school districts to predict and anticipate state school aid amounts from year to year; and possible methods of improving upon the existing preschool funding methodology.
The bill would eliminate all references to census-based funding for categorical special education aid and would instead fund special education based upon a district’s actual special education enrollment. It would also provide for a gradual increase of state aid for extraordinary special education. Under the amended bill, the state would be required to either increase its total appropriation for extraordinary special education from one fiscal year to the next or would be required to increase the percentage of reimbursed costs for each district from one fiscal year to the next.
The bill also provides that, for a county vocational school district that receives vocational expansion stabilization aid, the amount of vocational expansion stabilization aid received is to be adjusted to allow for increases in resident enrollment. It also establishes “reduction adjustment aid” to ensure that the amount of state school aid provided to a district is not to be decreased by more than 2% of the district’s prebudget year total operating budget. The bill also extends the municipal overburden protections under “S-2” that prevent high-tax, low-income school districts from receiving reductions in state aid.
Finally, the bill would establish a Special Education Funding Review Task Force. The purpose of the task force would be to assess the effectiveness of state aid provided to support special education costs, examine the possibility of a tier-based model for special education funding, make recommendations regarding the implementation of a tier-based funding model, and provide recommendations for responses to changes in revenues for special education purposes, including federal revenues. The NJSBA would have one representative on the 11-member group.
In testimony before the committee, the NJSBA expressed its overall support for various provisions of S-3917 while offering suggestions for improvement to the bill. The NJSBA endorsed the section of the bill that aims to mitigate the magnitude of potential state aid cuts. As the bill currently stands, any district’s state aid reduction would be capped at 2% of its operating budget. While appreciative of the goal, the NJSBA urged the committee to explore whether this is the best method of capping a district’s aid losses, citing a recently released report from NJDOE that listed various other options. The NJSBA supported provisions that strive to enhance transparency of and ensure public input into various aspects of the funding formula and highlighted the need for full funding of extraordinary special education aid. The Association also reiterated the struggles many districts face under the existing 2% tax levy cap and stressed the crucial need for cap flexibility to allow districts to reach their local fair share. Finally, the NJSBA expressed support for the creation of the Special Education Funding Review Task Force and its appreciation for having the opportunity to share its expertise as one of the members of the task force.
The bill was passed by the Senate in June.
SFRA Reform (Coughlin/Stanley/Gopal) A-5966 is identical to S-4885, which is detailed above and which was also approved by the Senate Education Committee on Thursday, Dec. 4. The NJSBA testified in support of the bill in both committees.
CTE Teacher Certification Requirements A-5824 would prohibit the State Board of Education from requiring a candidate for a certificate of eligibility in a career and technical education endorsement to complete an educator preparation program which exceeds 200 hours of instruction, or one academic year. This would update the current certification process, which requires individuals to enroll in a two-year, 350-hour educator preparation program.
The NJSBA supports the bill, which is intended to address the shortage of qualified career and technical education teachers. Its counterpart in the Senate, S-4515, was approved by the Senate Education Committee in June.
Retired Teachers in Nonpublic Grant Program A-5930 would amend the science, technology, engineering, and mathematics teacher (STEM) grant program established through P.L.2019, c.256 (C.18A:6-137 et seq.) to include retired teachers under the program. The bill also authorizes the inclusion of active or retired teachers who may teach some other STEM subject or area, and the payment of grant funds directly to the eligible teacher. Under the existing program, participating nonpublic schools form partnerships with eligible teachers and school districts, in which an eligible teacher employed by the district teaches STEM classes at the nonpublic school. The Commissioner of Education awards grants to participating school districts to provide compensation to participating teachers.
The NJSBA is monitoring the bill after successfully advocating for an amendment that would no longer require districts to notify previously-employed, now-retired teachers of the grant program. The bill’s counterpart in the Senate, S-4678, was approved by the Senate Education Committee in November.
Assembly Military and Veterans Affairs Committee
The Assembly Military and Veterans Affairs Committee met on Thursday, Dec. 4, and approved the following bills relevant to boards of education:
Enrollment Flexibility for Military-Connected Students A-4819 would provide increased flexibility in school district enrollment for military-connected students. The bill provides that in the event that a military-connected child relocates outside of the child’s original district of residence, the parent or guardian would retain the option to maintain the child’s enrollment in the original district of residence for the remainder of the school year (or through graduation for 11th grade students), or to begin enrollment in the new school district in which the family resides. The bill also provides that, in the event that a military-connected student cannot access temporary living facilities or military installation housing within 30 days of arriving on duty station, the parent or guardian would have the option to enroll their child in a school that serves families that reside on the military installation within ten days of arrival on duty station. In the event that a military-connected child resides in a school district that is found to satisfy less than 80 percent of the quality performance indicators in the instruction and program component of school district effectiveness under the New Jersey Quality Single Accountability Continuum (QSAC), the parent or guardian would also have the option to enroll their child in a school that serves families that reside on the military installation.
Finally, the bill would amend the “Interdistrict Public School Choice Program Act” and would require a school district that participates in an inter-local agreement for the enrollment of students provide a military-connected student: 1) a waiver from any requirement of the agreement that a student reside in a district for a certain length of time before applying for enrollment in a school that is subject to the agreement; 2) preference for enrollment in a school that is subject to the agreement above other students; 3) protection from discrimination in its admission policies or practices on the basis of the student’s status as a military-connected student; and 4) guaranteed admission to any school that is subject to the agreement regardless of the capacity of the district, if the parent or guardian can provide military orders or other evidence documenting the parent or guardian’s temporary transfer for more than 30 consecutive days.
The NJSBA expressed concerns in committee testimony. Specifically, the NJSBA discussed the bill’s lack of provisions for transportation funding; the lack of clarification of which district is responsible for the costs of the military-connected student’s education; the overbroad definition of “military-connected student”; the possible negative impact on the New Jersey Interdistrict Public School Choice Program; and the unequal rights the bill would give to military-connected students. In addition to verbal testimony, the NJSBA submitted a written statement. The bill was previously approved by the Senate Military and Veterans’ Affairs Committee on Dec. 1.
Senate Budget and Appropriations Committee
The Senate Budget and Appropriations Committee met on Monday, Dec. 8, and approved the following bill relevant to boards of education:
Banning Single-Use Utensils S-3195 would prohibit “food service businesses” in New Jersey from providing single-use utensils or condiments under certain circumstances and would charge progressive penalties – up to $5,000 per occasion – for noncompliance. As introduced, the bill would have required schools to comply with its requirements, as schools fall under its definition of “food service businesses.” However, as amended before the committee, all public and nonpublic preschools, elementary schools, and secondary schools would now be exempt from the bill’s requirements.
The NJSBA was successful in advocating for schools to be exempted from the bill’s provisions after previously submitting written testimony. While supportive of sustainability initiatives, the NJSBA cited various operational and financial concerns with the bill. Among those concerns was the potential for increased costs associated with procuring reusable products, installing and maintaining the necessary infrastructure in each school building across the state, and hiring the necessary staff to ensure reusable utensils are cleaned in accordance with health and safety guidelines. The Association also expressed concerns about the potential physical harm the use of metal utensils could cause to students and staff.
The bill was previously approved by the Senate Environment and Energy Committee in Oct. 2024.
Senate Health, Human Services and Senior Citizens Committee
The Senate Health, Human Services and Senior Citizens Committee met on Monday, Dec. 8, and approved the following bills relevant to boards of education:
Banning Artificial Dyes in School Food S-3016 would, as amended, add four substances (brominated vegetable oil, potassium bromate, propylparaben, and red dye 3) to the general prohibition on adulterated commercial food and ban an additional six substances (red 40, yellow 5, yellow 6, blue 1, blue 2, and green 3) from school food. The prohibition on food dyes in school foods would be effective Aug. 1, 2028, and the provisions of the bill regarding commercial food would take effect one year after enactment.
The NJSBA is monitoring the bill. Its counterpart in the Assembly, A-4132, was approved by the Assembly Children, Families and Food Security Committee in April 2024.
To view the full text of any of the bills summarized above, please visit the New Jersey Legislature’s website.
