Not slowing down over the Thanksgiving holiday, committees in both houses continued their push to advance legislation during the lame duck period. 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 Health Committee

The Assembly Health Committee met on Monday, Nov. 24, and approved the following bill relevant to boards of education:

Therapy Dog Pilot Program A-1165/S-1253 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 that evaluates the effectiveness of the pilot program in improving the academic performance and health outcomes of students in elementary schools.

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

Senate Labor Committee

The Senate Labor Committee met on Monday, Dec. 1, and approved the following bill relevant to boards of education:

Anti-Privatization Initiative S-1518 would establish various procedures and standards regarding the privatization of public services contracts, including those entered into by local boards of education. Among other provisions, the bill would:

  • Allow union representatives of public employees to review privatization proposals prior to the solicitation of bids.
  • Require private contractors to pay wages and benefits to their employees that are equal to or exceed wages and benefits paid to their public sector counterparts.
  • Require contractors to hire public employees who are displaced from their employment due to the privatization of services.
  • Grant the state comptroller authority to review and void any privatization agreement that will not achieve cost savings or does not comply with any other requirements under the bill.

The NJSBA opposes the bill. In testimony before the committee, the Association argued that this bill would impose costly and burdensome requirements on school districts seeking to use their finite resources as efficiently as possible. If enacted, it would effectively eliminate the ability of boards of education, and other public entities, to save taxpayer money through privatization, potentially resulting in the need to cut critical programs, services, and staff. The NJSBA further argued that a 2020 law (P.L.2020, c.79) already establishes various requirements boards of education must follow before entering into subcontracting agreements, while including several protections for district employees, thus making this legislation unnecessary. In addition to verbal testimony, the NJSBA submitted a written statement. The bill’s counterpart in the Assembly, A-919, was approved by the Assembly Labor Committee in February.

Senate Military and Veterans’ Affairs Committee

The Senate Military and Veterans’ Affairs Committee met on Monday, Dec. 1, and approved the following bills relevant to boards of education:

Enrollment Flexibility for Military-Connected Students S-3631 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 has not yet moved in the Assembly.

Remote Participation for Members of Armed Services S-2001 would allow individuals who are on active duty, or fulfilling reserve obligations, in a branch of the United States Armed Forces to participate remotely in certain governmental meetings. As it relates to boards of education, the bill provides that a board of education may, by resolution, allow a school board member who is serving on active duty or fulfilling reserve obligations to participate remotely in meetings of the board of education. Furthermore, the bill would require a school board member who is serving on active duty, or fulfilling reserve obligations, who participates remotely to be included in the quorum of that school board meeting. The Office of School Ethics and Compliance in the New Jersey Department of Education would be permitted to develop guidelines and provide advice, as may be requested, to allow active duty or reserve service members to participate in meetings of the board of education, and NJDOE would be required to publish any guidelines on its website.

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

Senate State Government, Wagering, Tourism, and Historic Preservation Committee

The Senate State Government, Wagering, Tourism, and Historic Preservation Committee met on Monday, Dec. 1, and approved the following bill relevant to boards of education:

Updates to Administrative Procedure Act S-4373 would make various changes to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), which established the procedures by which state agencies adopt rules and regulations. The bill would also establish a “Commission on Efficiency and Regulatory Review” to review rules, regulations, and executive orders issued by a state agency or the governor. In addition, the bill would require the Department of Environmental Protection to provide the Legislature with certain information on permit issuances.

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

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