Legislative Update: Cell Phone Legislation Lands on Governor’s Desk; Senate and Assembly Approve Many Other Bills

Prior to the Legislature going on a short holiday break, the Senate and Assembly each held voting sessions following a busy week of committee activity. As a result, the two Houses sent a significant amount of legislation to the governor for his signature. Among them is a noteworthy bill regarding the student use of internet-enabled devices that was amended on the Senate and Assembly floors.

The New Jersey School Boards Association will continue to monitor all legislation affecting boards of education leading up to the final day of the legislative session (Jan. 13) and will 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.

On the Governor’s Desk

Following voting sessions in both houses this week, the bills listed below have now been passed by both houses and are awaiting signature by the governor:

Policies on Internet-Enabled Devices A-4882/S-3695 would require the New Jersey Department of Education to develop guidelines on student use of internet-enabled devices, and would require each board of education to adopt a policy consistent with those guidelines. Under the bill, the commissioner would develop guidelines in consultation with various stakeholders, including the NJSBA. As amended on the Senate and Assembly floors after previous committee approval, the guidelines would prohibit the non-academic use of internet-enabled devices on school grounds during the school day as opposed to during classroom instruction time. Specifically, the guidelines shall at a minimum:

• Provide age appropriate and grade-level differentiated guidelines concerning limiting and prohibiting student use of internet-enabled devices.
• Prohibit non-academic use of an internet-enabled device on school grounds during the school day.
• Be consistent with state and federal law, including accommodations provided in a student’s individualized education program, section 504 educational plan, or student health plan.
• Address permitting student use of cell phones in the case of an emergency or in response to a perceived threat of danger.
• Authorize student use of an internet-enabled device on school grounds during the school day, or during school-sanctioned events, only under certain circumstances listed in the bill.
• Address internet-enabled devices and cell phones with only text or voice.
• List options that may be utilized by a board of education for device storage.
• Provide guidance for a board of education to establish network-based restrictions to prevent the use of, or access to, social media platforms.
• Detail protocols for communicating the board’s policy concerning student use of internet-enabled devices to students, their families, and teaching staff members.

The bill would first apply to the 2026-2027 school year.

The NJSBA had previously testified in support of the bill prior to the most recent amendments. In previous committee testimony, the NJSBA expressed its general support for the legislation’s intent but cautioned against a prescriptive one-size-fits-all approach to creating a mandated statewide policy. At the time, the bill would have preserved local control and flexibility, and empowered boards to craft their policies according to community preferences while providing a roadmap to help inform and guide district policy-setting. While the newly amended version of the bill would allow principals and chief school administrators to authorize use of devices under certain circumstances, the NJSBA remains concerned about local flexibility.

Chronic Absenteeism Task Force A-5779/S-3776 was previously passed by the Legislature, but the governor issued a conditional veto of the bill on Oct. 20. The Senate and Assembly have now voted to concur with the governor’s recommendations. The bill would establish a task force to study the causes of chronic absenteeism and develop recommendations for lowering absenteeism rates. As amended, the bill would create a 15-member group (including one member upon the recommendation of NJSBA) that would be required to issue a final report to the governor within one year following its organization.

The NJSBA supports the bill.

Water Quality Notifications S-984/A-1400 would require the owner or operator of a public water system to immediately notify the governing body of a municipality and the chief administrator of every school located within the municipality whenever the public water system violates any drinking water quality standard. The bill would also require the owner or operator of the public water system to provide information on suggested remedies that a customer may take to address the violation.

The NJSBA supports the bill.

Mental Health Referrals A-1657/S-2380 would permit a student assistance coordinator, school counselor, school psychologist, or other mental health professional working in a school district to refer, or help facilitate the referral of, a student to an individual or practice licensed to provide professional counseling for mental health assessments and services. The bill provides that neither the school district nor the individual making or facilitating the referral would be required to bear the cost of assessments and services provided to the student by a licensed individual or practice. The bill would not limit a school district’s authority to provide mental health assessments and services to students.

The NJSBA supports the bill.

Supplemental Tutoring Registry S-2867/A-1997 would direct the New Jersey Department of Education (NJDOE) to partner with a nonprofit organization to establish and maintain a central, searchable, and publicly available registry of individuals and organizations interested in offering free tutoring services to students throughout the state. The registry would contain the name, contact information, subject matter expertise, and a tutoring availability schedule of each registrant.

The NJSBA supports the bill.

Regulating Hemp Products S-4509/A-6295 would establish a new regulatory scheme for the sale of certain hemp products by amending the “New Jersey Hemp Farming Act” to bring New Jersey into compliance with federal law (Pub. L. 119-37), which takes effect in November 2026. Among its many provisions, the bill would make it unlawful to sell any product with any amount of detectable THC to a person under the age of 21. The changes to the bill would make it more difficult for students to purchase and bring these products into school buildings.

The NJSBA supports the bill.

Educator Employment Web Portal A-3864/S-2498/S-2505, as amended, would require the NJDOE to establish and maintain – or contract with a private vendor to establish – an educator employment web portal to be fully operational within 12 months of the bill’s effective date. The web portal would aggregate job postings from public schools and approved private schools for students with disabilities across the state to allow educators to search for positions in one place and provide direct links to school-specific application systems for submission. The bill would not prevent a school district or public school employer from using its own application process or from requiring additional materials from applicants who apply for employment.

The NJSBA supports the bill.

Leasing School Property to FQHCs A-4381/S-3156 would permit boards of education to lease school property to federally qualified health centers without bidding. The bill adds federally qualified health centers to the list of entities to which a local board of education may lease school buildings and property that are no longer necessary for school purposes, for a nominal fee, 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, and veterans and senior citizens organizations. In the case of joint occupancy with a public school and a federally qualified health center, the bill would require the federally qualified health center to be located in a separate and distinct portion of the school building from where students are present.

The NJSBA supports the bill.

Epilepsy and Seizure Disorder Training A-2255/S-2376 would amend “Paul’s Law” (P.L.2019, c.290) which requires each board of education to coordinate the care of students with epilepsy and seizure disorders. Specifically, the law requires that all staff employed by a board of education be trained in the care of such students, but does not require that the training be completed at regular intervals. This bill would amend the law to require that training take place every five years (as introduced, the measure would have mandated such training every two years).

The NJSBA supports the bill as amended.

CTE Teacher Certification Requirements A-5824/S-4515 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. As amended, the bill would take effect seven months following enactment.

The NJSBA supports the bill.

November Separate Proposals for Future Years A-2784/S-2548 would allow a school district that has moved its annual school election to November to submit a separate proposal to voters for additional funds beyond the district’s authorized tax levy cap to support a particular program or purpose for the budget year, or a separate proposal for additional funds for the subsequent budget year, or separate proposals for additional funds for each of those budget years. Current law provides that a school district may submit to the voters at the annual school election a separate question or proposal for permission to raise additional funds for the current budget year. The bill stipulates that if a district with a November election submits a separate question for additional funds for the subsequent budget year and the separate question is approved, the school district may not increase its tax levy for that subsequent budget year by the amount of any “banked” tax levy that the district may have at its disposal under the cap banking provisions of the law.

The NJSBA supports the bill.

Water Safety Fact Sheet S-3767/A-4763, as amended by the Senate, would require the Department of Children and Families to develop an educational fact sheet on water safety, in consultation with water safety organizations. The Department of Education 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 each school district to publish on its website 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. The list shall be comprised of locations that have voluntarily requested to be included and shall be updated annually.

The NJSBA previously supported the bill after successfully obtaining an 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. This amendment was removed on the Senate floor.

Nonpublic Auxiliary and Remedial Aid S-4312/A-4854 would amend laws governing the allocation of state aid for auxiliary services and remedial services to non-public school students. It would require the commissioner of education to establish a process by which school districts are to be reimbursed for costs that are incurred to provide those services. The maximum per-service aid amounts established by the commissioner would be calculated by dividing the amount annually appropriated to provide services by the average number of documented services delivered in the prior three school years. The method by which the commissioner establishes the maximum per-service-aid amounts is required to ensure that, to the greatest extent possible, the amounts annually appropriated for auxiliary services and remedial services are fully exhausted by the end of the school year. Finally, the bill would require the commissioner to conduct a survey, in the second full school year following the date of the bill’s enactment and every third school year thereafter, to collect information necessary to calculate the average and range of costs incurred to provide services. If enacted, the bill would go into effect for the 2026-27 school year.

The NJSBA is monitoring the bill.

Retired Teachers in Nonpublic Grant Program S-4678/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 and faculty members of county colleges under the program. The bill would also authorize the inclusion of active or retired teachers who may teach other STEM subjects or areas, and the direct payment of grant funds 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 compensate participating teachers.

The NJSBA is monitoring the bill after successfully advocating for an amendment that would eliminate the requirement that districts notify previously employed, now-retired teachers about the grant program.

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.

Approved Resolution

The following concurrent resolution has been approved by both the Assembly and Senate. Unlike a bill that is signed into law, a resolution merely expresses the sentiments or opinions of members of the Legislature. Concurrent resolutions must pass both Houses to be approved, but unlike joint resolutions, are not sent to the governor for signature.

Concussion Management Teams SCR-128/ACR-165 urges 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 supported the resolution.

Passed by the Senate

The full Senate held two voting sessions this week – one on Thursday, Dec. 18 and one on Monday, Dec. 22. In addition to the bills listed above that were also passed by the Assembly and are now on the governor’s desk, the Senate passed the following bills relevant to boards of education:

Promoting “Upcycling” S-1441 would establish a School Plastics Upcycling Grant Program in the New Jersey Department of Environmental Protection to provide awards to eligible schools for upcycling purposes. Under the bill, “upcycling” is defined as the process that is used, by an authorized upcycler, to transform and reconstitute used, useless, or unwanted plastic bags and other plastic products and materials into new and repurposed materials or products of higher value and greater quality. The grant funding would help enable eligible schools to purchase and acquire school-appropriate furnishings being annually produced, by authorized upcyclers, through the upcycling of school-collected plastics.

The NJSBA supports the bill, which has not yet moved in the Assembly.

Revised Definition of Child Abuse and Neglect S-3751 would amend the definition of “child” in Section 1 of P.L.1974, c.119 (C.9:6-8.21) to mean: 1) any person less than 18 years of age alleged to have been abused or neglected; or 2) any person less than 21 years of age alleged to have been abused or neglected, or subject to exploitation by a teacher, employee, contractor, or volunteer, whether compensated or uncompensated, of an institution responsible for the care or supervision of that person, as regulated by the Department of Children and Families, including employees of day schools.

The NJSBA is monitoring the bill, which has not yet moved in the Assembly.

Out-of-School Time Advisory Commission S-3457 would establish a New Jersey Out-of-School Time Advisory Commission. The duty of the commission would be to assess the state’s out-of-school time programs by reviewing state policy governing these programs alongside existing research and best practices and to make recommendations to increase the accountability and quality of before-school, after-school and summer programs. The commission would be comprised of 23 members, including one representative of the NJSBA.

The NJSBA supports the bill. Its counterpart in the Assembly, A-2414, was approved by the Assembly Education Committee in June.

Key Boxes for School Security S-4440 would require – by June 30, 2027 – each school district to provide for the installation of at least one exterior key box at each school building, subject to the availability of funds appropriated in the annual state appropriations act. The box must meet industry standards and be installed at an appropriate location to ensure emergency responders, including law enforcement, fire, and emergency medical services personnel, can access the building. The box must contain keys and other access-control devices, as necessary, to access each building and room on the entire school grounds. As amended, the bill would allow districts to be exempt from the key box requirement upon approval by the commissioner of education if a school has already implemented an alternative and equivalent plan and procedures to provide emergency responders with access to the school building. Additionally, the amended bill explicitly states that all costs associated with installing key boxes would be borne by the state and allows districts to apply to the commissioner for reimbursement of any costs incurred

The NJSBA supports the bill and provided testimony at a prior committee hearing. The bill’s counterpart in the Assembly, A-5720, was approved by the Assembly Education Committee in June.

Passed by the Assembly

The full Assembly held a voting session on Monday, Dec. 22. In addition to the bills listed above that were also passed by the Senate and are now on the governor’s desk, the Assembly passed the following bill relevant to boards of education.

Instruction on Dangers of Illicit Opioid Substances A-3909, as amended, would also be called the “Illicit Opioid Supply Substances Poisoning Awareness Act” and would require school districts to provide instruction on the dangers of the most prevalent or emerging substances in the illicit opioid supply in New Jersey as part of the district’s implementation of the New Jersey Student Learning Standards (NJSLS) in Comprehensive Health and Physical Education. The bill would also require the Commissioner of Education, in consultation with the Commissioner of Health, to provide school districts with age-appropriate resources designed to implement the requirements established under the bill, and would require NJDOE to post and maintain related information on its website. If passed, the instructional requirement would apply to the first full school year following the next regularly scheduled update to the NJSLS in Comprehensive Health and Physical Education.

The NJSBA supports the bill as amended. It was previously approved by the Assembly Education Committee on Dec. 18. Its counterpart in the Senate, S-2818, awaits consideration by the Senate Budget and Appropriations Committee.

Assembly Education Committee

The Assembly Education Committee met on Thursday, Dec. 18 and approved the following bills relevant to boards of education:

Student Mental Health Task Force A-276 would establish a “Student Mental Health Task Force” to examine issues related to the mental health of students; study and survey the resources that are available to schools and parents to address student mental health needs; and develop recommendations to ensure that students have access to mental health care programs and services in order to allow students to meet their educational goals. As amended, the task force would consist of 19 members, including one representative of the NJSBA.

The NJSBA supports the bill, which has not yet moved in the Senate.

Special Education Transportation Task Force A-4607/S-3447 would establish the Special Education Task Force. The task force’s purpose would be to study and make recommendations for best practices in transporting students who receive special education and related services, including preventing, identifying and responding to medical and behavioral emergencies. As amended, the task force would consist of 23 members, including one representative of the NJSBA.

The NJSBA supports the bill, which was passed by the Senate in March.

Artificial Intelligence Surveillance Systems A-4639, as amended, would require a board of education of a school district and a board of trustees of a charter school or renaissance school project that utilizes a surveillance system, including a video surveillance system, x-ray machine, or body scanner, with artificial intelligence capabilities to adopt a policy regarding the use of the surveillance system. Under the bill, the policy, at a minimum, would be required to: (1) include information on the surveillance system installed by the district; (2) identify the type of information that would be collected through the surveillance system; (3) include information on how the board plans to utilize the information obtained through the surveillance system; (4) address the board’s plan to provide access to the information obtained through the surveillance system, in compliance with State and federal law governing student records and the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials; and (5) require the board to post signage in a prominent, public place in buildings and on school grounds where the surveillance system may be used. Additionally, the board of education would be required to distribute the policy to the parents and guardians of students within the district.

The NJSBA supports the bill and successfully advocated for several amendments to the bill, including those that added a definition of artificial intelligence, removed a provision in the bill that would have required a board to include information on the benefits and challenges of utilizing its surveillance system, and added references to state and federal student records laws. The bill has not yet been introduced in the Senate.

Nonpublic School Nursing Services Pilot Program A-6149 would require the Commissioner of Education to establish, supervise, and fund a three-year nonpublic school nursing services pilot program in an eligible county through a county consortium. The bill would require the Department of Education to disburse directly to the county consortium an amount equal to the nonpublic nursing services aid that would otherwise be paid to a school district for nursing services provided to students enrolled at a nonpublic school that is part of the county consortium.

The NJSBA is monitoring the bill, which was also approved by the Assembly Appropriations Committee on Dec. 18. The bill now awaits a floor vote in the Assembly but has not yet been introduced in the Senate.

Assembly Appropriations Committee

The Assembly Appropriations Committee met on Thursday, Dec. 18 and, in addition to several bills listed above that were later passed by the full Assembly, approved the following bill relevant to boards of education:

Anonymous Threat Reporting A-1792 would direct the attorney general, in consultation with the New Jersey Education and Law Enforcement Working Group, to establish a program for anonymous reporting of potential threats to school safety. The bill would require that information received through the program be promptly shared with the appropriate law enforcement agencies or school officials. Training would be provided to law enforcement dispatch centers, all public and nonpublic schools, and other entities determined by the attorney general on awareness of the program and appropriate response to tips received through the program. Proper guidelines would be provided to students regarding the procedures for reporting potential threats to school safety, and program awareness and education materials would be provided to all public and nonpublic schools in the state. The bill would also require the attorney general to annually prepare a report on the program.

The NJSBA supports the bill, which now awaits a floor vote in the Assembly. It has not yet moved in the Senate.

To view the full text of any of the bills summarized above, please visit the New Jersey Legislature’s website.