Legislative Update: Both Houses Active During Busy Week in Trenton

The following provides a summary of noteworthy education-related activity at the State House over the past week.

On the Governor’s Desk

Alleviating Bus Driver Shortages A-2180/S-3000 returned to the Legislature last week after being conditionally vetoed by Gov. Phil Murphy. Prior to being vetoed, the original bill would have created a new “Type S School Bus Certificate” to be issued by the New Jersey Motor Vehicle Commission. The certificate would have authorized a person to operate a Type S school bus to transport children to and from school without obtaining a commercial driver’s license, passenger endorsement, or school bus endorsement. Type S buses are smaller vehicles that can transport up to nine passengers, excluding the driver. The NJSBA strongly supported the bill.

In his veto statement, the governor deleted the original bill language and instead recommended changes that would expand existing law – which currently allows school personnel to transport students to school-related activities – to permit school personnel to transport students to and from school. Vehicles used to transport students must have a capacity of eight passengers or less, excluding the driver. Drivers would have to meet various age, driving, physical, training and background check requirements. The governor’s statement, along with his suggested revisions, can be found here.

This week, both the Assembly and the Senate voted to concur with the governor’s recommendations. The revised bill now heads back to the governor for final approval.

Compensation Transparency A-4151/S-2310 would require all New Jersey employers to make reasonable efforts to announce, post, or otherwise make known opportunities for promotion that are advertised internally or externally on internet-based advertisements, postings, printed fliers, or other similar advertisements to all current employees in the affected department or departments of the employer’s business prior to making a promotion decision. The bill would also require employers to disclose in each posting for new jobs and transfer opportunities that are advertised by the employer either externally or internally the hourly wage or salary, or a range of the hourly wage or salary, and a general description of benefits and other compensation programs for which the employee would be eligible. The legislation would also establish penalties for noncompliance.

The NJSBA is monitoring the bill, which was passed by the Senate in June and passed by the Assembly last week. It now heads to the governor’s desk.

Passed General Assembly Only

The Assembly held a voting session on Thursday, Sept. 26, and acted on the following bills, which now head to the Senate.

Water Quality Notifications A-1400 requires 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 also requires 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. The bill’s Senate counterpart, S-984, has not yet moved.

Student Vaping Awareness A-2029 would direct the New Jersey Department of Education and the New Jersey Department of Health to develop guidelines for school districts and institutions of higher education that will help facilitate the implementation of on-campus anti-vaping awareness campaigns that target student populations. The purpose of the guidelines is to assist school districts, colleges and universities in equipping adolescents and young adults with research-backed material on the dangers of vaping in an effort to combat the increased use of e-cigarettes among adolescents and young adults. The NJDOE and NJDOH are to review and update the guidelines annually.

The NJSBA supports the bill. The bill’s Senate counterpart, S-2987, has not yet moved.

Loan Forgiveness Information A-2158 would require institutions of higher education and government employers to provide information to certain students and employees, as applicable, concerning the Public Service Loan Forgiveness program. Under the bill, institutions of higher education would be required to provide all students who have outstanding federal student load debt with information about the PSLF program. Additionally, any employer that is considered a qualifying government employer under the PSLF program would be required to provide employees with information about the program.

The NJSBA is monitoring the bill. The bill’s Senate counterpart, S-929, has not yet moved.

Type 1 Diabetes Awareness A-4148 requires the New Jersey Department of Health, in consultation with NJDOE, to develop informational materials on Type 1 diabetes. The bill also requires that the materials be posted to the NJDOE’s website. School districts are to make the informational materials available to the parents or guardians of the students enrolled in the district.

The NJSBA supports the bill. Its counterpart in the Senate, S-3057, was advanced this week by the Senate Education Committee.

Senate Education Committee

The Senate Education Committee met on Monday, Sept. 30, and advanced the following bills affecting New Jersey school districts:

School Bus Safety Recommendations S-1240 would expand the duties of the NJDOE’s Office of School Bus Safety to include: 1) recommending legislative and executive action to the Legislature and the commissioner of education; and 2) identifying the status of the implementation of past recommendations made by previous bodies for action on, or oversight of, school bus safety. The recommendations for legislative and executive action would need to be included in an annual report on the office’s activities that the NJDOE is already required to submit to the governor and Legislature.

The NJSBA supports the bill. Its counterpart in the Assembly, A-2157, has not yet moved.

School Security Pilot Program S-1284 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 supports the intent of the legislation but would urge the Legislature to expand eligibility for participation in the pilot to counties not listed in the bill.

School Counselor Certification S-1784 would establish several requirements related to school counselor certification and employment. The bill defines the role of a school counselor as someone who recognizes and responds to the need for mental health services that promote social and emotional wellness and development for all students and is tasked with designing and delivering a comprehensive program for school counseling that promotes the achievement of students. The bill would require:

• Each school counselor employed by a district to provide certain school counseling services including, but not limited to, specific services enumerated in the legislation.
• School counselors to complete professional development in relevant areas, such as the promotion of mental health awareness and trauma-informed counseling.
• School counseling certification programs at institutions of higher education to incorporate the American School Counselor Association’s national model for comprehensive school counseling programs or state-approved model.
• The commissioner of education to appoint a state school counselor liaison to work with school districts to facilitate best practices and serve as a resource expert for school counselors.

The NJSBA supports the bill. Its counterpart in the Assembly, A-3424, has not yet moved.

Epilepsy and Seizure Disorder Training 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 this training takes place every five years (as introduced, the measure would have mandated such training every two years).

The NJSBA supports the bill as amended. Its counterpart in the Assembly, A-2255, has not yet moved.

Freedom to Read S-2421/A-3446, also known as the “Freedom to Read Act,” establishes various requirements for material in public school libraries and public libraries. It also aims to protect school library staff from harassment. Under the current version of the bill, all boards of education will need to adopt policies on the curation of school library material and requests for the removal of any such material from the school library. These policies will be subject to various minimum requirements, but the board of education will maintain control over such policies.

The NJSBA supports the overall spirit and intent of the bill and worked closely with the sponsors and other stakeholders to develop this most recent version of the legislation. During previous committee deliberations, the NJSBA cited its official policy concerning academic freedom and student access to instructional and library materials. In particular, the Association referred to the following policy language adopted at the December 2023 Delegate Assembly:

The NJSBA believes that boards of education have the responsibility to ensure all instructional materials are age-appropriate, complement the district curriculum and/or student support programs, facilitate critical thinking, further learning, and are congruent with local community preferences. In light of this belief, a board of education book selection process should only restrict access to or exclude a book or other learning materials from its curriculum, library, or other support resources following a process that evaluates the book or materials in a manner that is consistent with the constitutional and statutory protections afforded individuals by the state.

The NJSBA’s testimony this week in front of the Senate Education Committee also highlighted a number of key ways that the bill reinforces the authority of local boards of education and allows them to remain responsive to community preferences. Read the NJSBA’s full position statement.

The bill’s counterpart, A-3446, was approved by the Assembly in June.

Sports Equipment Equity Pilot Program S-2860 would establish the Sports Equipment Equity Pilot Program, under which grants would be awarded to public schools to help enhance school athletic programs by providing students with sports equipment and other related resources to participate in sports and physical activities in schools. An interested school would be required to submit an application to the commissioner, who would then select six schools for participation.

The NJSBA supports the bill. Its counterpart in the Assembly, A-3585, has not yet moved.

Special Education Transportation Task Force S-3447 would establish the Special Education Task Force. The task force’s purpose is 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. The task force would consist of 22 members, including a representative of the NJSBA.

The NJSBA supports the bill. Its counterpart in the Assembly, A-4607, has not yet moved.

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