Following a two-month “budget break” – during which the state Legislature paused normal committee activity to consider Gov. Sherrill’s proposed budget and hold public and departmental budget hearings – committees began to meet again last week to discuss legislation. Notably, the education committees in both the Senate and Assembly convened. The New Jersey School Boards Association is monitoring all bills relevant to boards of education and will continue to post timely Legislative Updates in School Board Notes to highlight recent legislative action. For recordings of committee meetings and the most up-to-date information regarding specific legislation, please visit the New Jersey Legislature’s website.
New Law
Gov. Mikie Sherrill signed the following bill into law on Thursday, May 7:
Mercury Floor Removal S-1370/A-1514 (P.L.2026, c.11) prohibits the issuance of construction permits for flooring in schools or childcare centers unless the flooring materials are certified by the manufacturer as mercury-free. In cases where the building has flooring that may contain mercury, the applicant may take the following actions: (1) certify that the existing flooring is mercury-free; (2) certify that an air quality assessment has been conducted to test if mercury vapor levels are within safe limits as recommended by the New Jersey Department of Health; (3) if unsafe mercury levels are found, implement mitigation measures such as adjusting HVAC systems to reduce mercury vapor to acceptable levels; (4) if testing still reveals high mercury levels, the implementation of further mitigation measures or the removal of the flooring; and (5) if all mitigating measures fail, the removal and proper disposal of the flooring.
If flooring must be removed, it must be completed within six months after the final air quality assessment, unless the NJDOH grants a one-time, six-month extension due to factors beyond the applicant’s control, such as supply chain delays or contractor issues. All removal and disposal of flooring must comply with regulations established by the Department of Environmental Protection.
The NJSBA supported the bill, which was passed by the Senate on February 24 and by the Assembly on March 23. The Association successfully obtained amendments in the 2024-2025 session to include the NJDOH’s February 2020 guidance (Evaluation and Management of Mercury-Containing Floors in New Jersey Schools) and its recommendations for exposure mitigation strategies that schools can implement based on airborne mercury levels relative to the recommended maximum contaminant level. These amendments allow school districts to certify adherence with the NJDOH’s guidance as an alternative to full removal of existing flooring during a flooring project, which could save districts money while protecting the health of students and staff.
Senate Education Committee
The Senate Education Committee met on Monday, May 11 and approved the following bills relevant to boards of education:
School Security Pilot Program S-569 would establish the County-Based School Security Pilot Program within the New Jersey Department of Education. The program would establish county-based mental health services for public school students and provide security infrastructure to certain public schools in Essex, Mercer and Camden counties for three years. The mental health program would incorporate individual and group clinical mental health services, referrals to community-based mental health care providers, evidence-based interventions, mental health screenings, and crisis intervention. The pilot program would also provide additional security supports for school districts within a pilot county, including expanded access to training for active shooter scenarios, bullet-resistant mobile ballistic shields, and other protective equipment as deemed necessary by the commissioner. Finally, the bill would appropriate $15 million.
The NJSBA is monitoring the bill.
Guidance on Accommodations for Fasting Students S-1340 would, as amended, require the Commissioner of Education, in consultation with the Commissioner of Health, to develop and distribute guidance to public schools concerning accommodations for students who are fasting for religious or medical reasons. The bill would require the guidance to include recommendations on scheduling considerations, flexibility, differentiated instruction, and alternative educational activities for physical education classes, athletic participation, examinations, and other school activities; model policies concerning matters related to student fasting; methods by which school districts may address graduation credit and course participation requirements; communication with parents or guardians; and professional development resources and best practices.
The NJSBA supports the bill as amended.
Eliminating Census-Based Funding of Special Education Aid in SFRA S-1767 would change how special education aid to school districts is calculated by eliminating the use of the census-based methodology. Under the provisions of the “School Funding Reform Act of 2008,” P.L.2007, c.260 (C.18A:7F-43 et al.), the state provides special education aid to school districts using the census-based method, which assumes that all school districts in New Jersey have the same percentage of special education students. By eliminating the use of the census-based method, districts would be funded based on their projected number of special education students. This switch has been made as one-time changes in FY2026 and FY2027 through temporary budget language but has not been made permanent in statute.
The NJSBA testified in support of the bill, saying that the elimination of census-based special education aid would more accurately deliver state funding to the districts in need.
Safe Transportation for Students with Disabilities S-2456 would require school bus personnel members to call 911 in potential life-threatening emergencies and would require school buses transporting students with disabilities with specialized transportation requirements to be equipped with certain safety features. Under the bill, a school bus personnel member would be required to report a 911 call to the Office of Special Education in the NJDOE, and a board of education or a school bus contractor providing pupil transportation services under contract would need to maintain a record of such calls. Boards of education and school bus contractors would be required to ensure that certain training related to school bus safety and interacting with students with disabilities are provided to relevant school bus personnel members twice per calendar year. Current law already requires drivers and school bus aides to complete a training program on interacting with students with disabilities. This bill expands that law to include any other individual who works, and is otherwise responsible for the safety of students, on a school bus transporting students with disabilities.
The bill also requires a school bus that transports one or more students with disabilities with specialized transportation requirements to be equipped with: 1) a video camera on the interior of the school bus to monitor student safety while the students are being transported; 2) a global positioning system that provides information about the location and speed of each school bus in real time; and 3) two-way communications equipment, which may include a cellular telephone. As amended, the bill would permit districts to apply to the Motor Vehicle Commission for grants to purchase and install the required equipment.
In the 2024-2025 legislative session, the NJSBA successfully obtained an amendment to the original bill that added a grant program to provide funding to districts to cover costs of the installation of equipment required by the bill. However, that provision is unclear as to what would happen if the grant program were not fully funded. During Monday’s hearing, the NJSBA testified in support of the bill but noted that it is working with the sponsor of the legislation to clarify that language.
Transportation for Homeless Students S-2620 would require the state to bear the partial cost of transportation of certain homeless students to school. Under current law, when a homeless child attends school in their district of residence while temporarily residing in another district, the district of residence is required to provide transportation to and from school. Additionally, if a student moves from one school district to another as a result of being homeless due to an act of terrorism or a natural disaster, that student can remain in the original district for two years and the original district is required to provide transportation to and from school. This bill would, in both circumstances, require the state to bear any cost for that transportation that exceeds the average per-pupil cost for transportation services in the district of residence or original district, respectively.
The NJSBA supports the bill.
Seniority Service Credit for Educational Support Professionals S-2962 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 Veterans Affairs 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 before 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. This bill would provide a similar benefit to educational support professionals.
The NJSBA is monitoring the bill. Its counterpart in the Assembly, A-2746, was approved by the Assembly Military and Veterans’ Affairs Committee on Thursday, May 7.
Link to Subsidized School Meals Application S-3426/A-3882 would require public schools to post links to the subsidized school meals application and an informational video produced by the New Jersey Office of the Food Security Advocate regarding the application in a prominent location on the school’s website. The subsidized school meals application is established in state law to determine eligibility for the National School Lunch Program and the federal School Breakfast Program, as well as state supplements to those programs. To receive benefits under federal programs and state supplements, a parent or guardian must complete and submit a subsidized school meals application each school year.
The NJSBA supports the bill, which was passed by the Assembly on March 23.
Therapy Dog Pilot Program S-3453 would establish a three-year pilot program to assess the academic and health benefits of using therapy dogs in public elementary school wellness programs. Under the bill, a school district seeking to participate in the pilot program would be required to apply to the commissioner of education. The commissioner would select two districts from each of the state’s southern, central, and northern regions to participate, seeking a cross-section of urban, suburban, and rural districts. The commissioner would provide pilot districts with guidance regarding the use of therapy dogs in schools. Within three years, the commissioner will submit a report evaluating the effectiveness of the pilot program in improving the academic performance and health outcomes of students in elementary schools.
The NJSBA supports the bill.
Prior Approval of Debt Refinancing S-4064 would, as amended, exempt school refunding bond issuances from prior Local Finance Board approval if the present value savings of those bonds are at least two percent. Under current law, no refunding bond ordinance can take effect without such prior approval unless authorized by conditions set forth in rules and regulations of the Local Finance Board and upon a resolution adopted by a two-thirds vote of the full membership of the board of education.
The NJSBA supports the bill.
Senate Labor Committee
The Senate Labor Committee met on Monday, May 11 and approved the following bill relevant to boards of education:
Job Posting Requirements S-2136 would require an employer or third-party job posting company to remove a job posting when a position has been filled, with certain limited exceptions, and include, within any posting for a publicly advertised job, information concerning whether the posting is for an existing vacancy. As amended, a posting for an anticipated vacancy would only be allowed if the employer has, in the preceding 18 months, listed the same position at least three times or hired at least four employees for similar roles. An employer would also be required to provide a timeframe in a posting as to when the position is anticipated to be filled.
The bill would also require third-party job posting companies to remove positions that have been filled – and employers to “make reasonable efforts” to notify third-party companies that the position has been filled – and provides the Department of Labor and Workforce Development with the authority to audit employers and third-party job posting companies for ongoing violations. As amended, employers would not be liable for the continued display of a third-party posting that was not created, controlled, or requested by the employer.
Any employer or third-party job posting company who violates the provisions of the bill would be issued a warning prior to being subjected to civil penalties of between $300 and $600 for as long as a posting remains in violation. The bill would go into effect on the first day of the 13th month following enactment.
While appreciative of the committee amendments, the NJSBA expressed concerns in verbal testimony about the applicability of the bill to schools in addition to private employers, seeking further amendments to exempt school districts from the bill’s requirements. The Association referenced the current teacher shortage, the unlikelihood of ghost postings for education-related job listings, and the additional expense and administrative burdens that the bill would create. The NJSBA also submitted written testimony. The bill’s counterpart in the Assembly, A-1161, was approved by the Assembly Labor Committee on March 16.
Assembly Education Committee
The Assembly Education Committee met on Thursday, May 7 and – in addition to receiving testimony from invited guests on the state’s monitoring, oversight, and investigation of issues related to the provision of special education services in school districts – approved the following bills relevant to boards of education:
Review of APSSD Audits A-1646 would provide a timeline within which the Commissioner of Education must issue any adverse finding, adjustment, or penalty regarding an audit submitted by an approved private school for students with disabilities (APSSD). For audits submitted for any school year ending after the effective date of the bill, the action of the commissioner must be within seven years of the date of the submission of that audit. For audits submitted for any school year ending prior to the effective date of the bill, the action of the commissioner must be within seven years of the date of the submission of that audit or three years following the effective date of the bill, whichever is the later date.
The NJSBA is monitoring the bill.
Denying Admittance for Tardiness or Dress Code Violations A-1728 would prohibit public schools from denying admittance to students due to tardiness or due to a violation of dress code or school uniform policies (except in an instance of violating a dress code policy that prohibits students from wearing gang-affiliated clothing). The bill clarifies that a board of education is not restricted from enforcing any adopted student code of conduct or policy that does not conflict with the admittance provisions of the bill.
The NJSBA supports the bill.
Reemployment of School Business Administrators A-2558 would permit retired school business administrators to be reemployed part-time by a school district for longer than a two-year period without approval by the Commissioner of Education. Under current law, retired school business administrators can be hired by school districts without having to be reenrolled in the Teachers’ Pension and Annuity Fund, provided that their terms of employment are subject to one-year contracts which cannot be extended for more than a total of two-years without approval by the commissioner. The bill stipulates that the ability to reemploy a retired school business administrator is contingent upon the board of education’s ability to demonstrate a critical need for the position and the commissioner’s determination that there is a critical need.
The NJSBA is monitoring the bill.
Assembly Agriculture and Natural Resources Committee
The Assembly Agriculture and Natural Resources Committee met on Monday, May 4 and approved the following bill relevant to boards of education:
“Farm to School” Grant Program A-1492 would establish a $4.5 million grant program in the New Jersey Department of Agriculture to reimburse school districts for the costs of expanding local food procurement activities. The program would provide reimbursements to school districts to allow them to implement local food procurement practices to increase the types or amounts of local foods being procured for students, the meal periods during which such local foods are served to students, or the total number or type of students being offered such local foods, during either the school year or the summer months, or both. School districts would be eligible to receive program funding based upon submission of an attestation form.
The NJSBA supports the bill.
To view the full text of any of the bills summarized above, please visit the New Jersey Legislature’s website.
