On Thursday, Feb. 15, the Senate Education Committee approved various K-12 education measures, including a bill (S-2434) that would provide certain school districts with tax levy growth cap flexibility. Earlier that week, the full Senate also met and advanced S-2082, which would establish a New Jersey Educator Evaluation Review Task Force and temporarily suspend development of student growth objectives. Additional details follow.
Senate Education Committee
On Feb. 15, the Senate Education Committee approved:
Tax Levy Cap Adjustment for Certain School Districts Experiencing Reductions in State Aid S-2434 would provide the following additional school district tax levy growth cap adjustments:
- In the 2024-2025 school year, for a school district experiencing a state aid reduction, an increase in an amount equal to the district’s state aid reduction.
- In the 2025-2026 school year and thereafter, for a school district experiencing a state aid reduction and that is spending below adequacy (pursuant to N.J.S.A. 18A:7F-70), an increase to raise a general fund tax levy up to the amount necessary for the district to be spending at adequacy.
The bill would also require, however, that if a school district “increases its tax levy … because the district experienced a reduction in State school aid in the … 2024-2025 school year … or because it experienced a reduction in State school aid and is spending below adequacy … in any school year after the 2024-2025 school year” then the district would be required to gain New Jersey Department of Education approval to reduce the following in the budget year:
- Total number of teachers employed by the school district.
- Total amount of general fund appropriations for either instruction or support services.
The NJSBA testified that, while strongly supporting the intent of the bill and tax levy cap flexibility generally, certain mechanics of the bill raise serious concerns that warrant amendments. First, the NJSBA requested removal of the provisions that would require NJDOE approval for reducing teaching staff or instruction/support spending when districts increase their tax levies per the terms of the bill, raising concerns that the requirement could significantly hamper important budget-development flexibility. The NJSBA also requested that the tax cap flexibility for 2025-2026 and thereafter be adjusted to allow districts to reach their “local share,” as that term is defined in the School Funding Reform Act, rather than reaching “adequacy,” to adhere more strictly to the principles of the SFRA that the costs of a district’s adequacy budget be shared between the state and local tax revenue based on a community’s ability to pay.
The bill next heads to the Senate Budget and Appropriations Committee for further consideration.
Elementary School Therapy Dogs Pilot Program S-1253 would require the NJDOE to establish a three-year pilot program to assess the academic and health benefits of therapy dogs in elementary school wellness programs. Based on district applications, the NJDOE would select six districts to participate – two in each of the southern, central, and northern regions of the state, seeking a cross-section of districts from urban, suburban and rural areas. The NJDOE would provide participating districts with guidance regarding the use of therapy dogs in schools. The NJSBA supports the bill, which heads to the full Senate for further consideration.
Apprenticeship Data in the NJDOE’s School Performance Reports S-1421 would require the NJDOE’s annual School Performance Reports to include “the number of students achievement placement following graduation, including placement in an apprenticeship.” While not currently a statutory requirement, the NJDOE does currently include in its School Performance Reports the number of students who were enrolled into a United States Department of Labor registered apprenticeship following high school graduation. (Refer to the “Apprenticeship” section of the “Graduation/Postsecondary” tab of a school’s report). The NJSBA supports the bill, which heads to the full Senate for further consideration.
Instruction on History and Contributions of Latino and Hispanic Americans S-2335 would require the State Board of Education to adopt New Jersey Student Learning Standards in Social Studies and English language arts on Latino and Hispanic American history at its next scheduled update of those content area standards. The NJDOE, in consultation with the state’s Commission on Latino and Hispanic Heritage, would be required to provide school districts with sample learning activities and resources to support the implementation of these standards. NJSBA supports the bill, which next heads to the Senate Budget and Appropriations Committee for further consideration.
Common Applications and Web Portals for Substitutes, Teachers S-2498 and S-2505 would require the NJDOE to establish, or contract with a private vendor to establish web portals for substitutes and educators, respectively, to submit common applications for employment at a New Jersey public school. The portals would be designed to maintain high standards for data privacy and security while increasing information sharing about employment opportunities. The NJSBA supported the bills, which are now headed to the Senate Budget and Appropriations Committee for further consideration.
Senate Voting Session
On Feb. 12, the full Senate approved:
Evaluation Review Task Force and Temporary SGO Relief S-2082 would establish the New Jersey Educator Evaluation Review Task Force to study and evaluate the educator evaluation system established pursuant to the TEACHNJ Act and implemented in New Jersey public schools.
The task force is to examine the educator evaluation process, gather data, evaluate the data and make recommendations concerning the annual evaluation process for teachers, principals, assistant principals and vice principals established pursuant to the TEACHNJ Act. The task force is to consist of 12 members who have a background in, or special knowledge of, the legal, policy and administrative aspects of educator evaluation in New Jersey. The members are to include:
- One member appointed by the president of the Senate.
- One member appointed by the speaker of the General Assembly.
- One member appointed by the governor.
- Three representatives of the New Jersey Education Association.
- Three representatives of the New Jersey Principals and Supervisors Association.
- One representative appointed by the New Jersey School Boards Association.
- One representative appointed by the New Jersey Association of School Administrators.
- One representative appointed by the Garden State Coalition of Schools.
The task force is to consider the law in the current context of the state’s schools, identify areas for improvement and make any recommendations regarding any appropriate changes or updates to the law or regulations implementing the law. The task force is to issue a final report of its findings and recommendations to the governor and the Legislature no later than Sept. 30, 2024. The department is to make the final report available to the public on its website.
Additionally, the bill clarifies that student growth data used for the purposes of educator evaluations is data collected in the most recent year in which an educator completed student growth objectives. Under the bill, teachers are not to collect new student growth observation data in the 2024-2025 school year, and are instead to use, for the purposes of educator evaluations, existing student growth objective data from the most recent year in which the educator completed student growth objectives. For any teacher in their first year of employment in a district, any teacher without a record of pre-existing student growth objectives, or any nontenured teacher, the teacher is to set student growth objectives and collect data pertaining to these objectives during the 2024-2025 school year. Beginning in the 2025-2026 school year, school districts are to implement guidelines for the collection of student growth objective data consistent with any law, rule, or regulation enacted as a result of the findings of the task force.
NJSBA supported the current version of the bill, which is a significant departure from legislation as introduced. Last session, NJSBA, alongside several other education stakeholder groups, expressed strong opposition to the legislation, A-5877/S-4234, when there was a push to move it during lame duck. That bill would have established a revised summative evaluation schedule for tenured teachers, principals, assistant principals and vice principals – effectively eliminating annual evaluations for certain teachers based on past performance. The NJSBA testified in opposition to the bill, citing the importance of the annual summative evaluation process to the quality and support of the teacher workforce. This new legislation will instead allow for more deliberation among all interested stakeholders before determining if there is a need to make any statutory or regulatory changes to the current educator evaluation system. The bill next heads to the Assembly Education Committee for further consideration.
Senate Military and Veterans Affairs Committee
On Feb. 8, the Senate Military and Veterans’ Affairs Committee approved:
Certification for Nonresident Military Spouses S-2367 would extend the maximum duration of the temporary instructional certificate for nonresident military spouses, first established in 2013, from 360 days (an initial 180-day period, with the option to extend an additional 180 days) to two years (an initial 365-day period, with an option to extend an additional 365 days). The bill would also require the NJDOE to establish procedures to expedite applications for this certificate. The NJSBA supports the bill, which now heads to the Senate Budget and Appropriations Committee.
To view the full text of any of the bills summarized above, please visit the New Jersey Legislature’s website.