Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Requires board of education to directly employ certain professionals; permits board of education to contract for certain personnel; permits use of virtual or remote instruction for public school students in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school employees and virtual or remote instruction and supplementing chapter 27 and chapter 35 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. It is the public policy of this State that personnel directly employed by the board of education of a public school in the State provide the highest quality of education for New Jersey students.
b. Every effort should be made to have the personnel of a public school be directly employed by the board of education.
c. In certain cases, it is necessary for a board of education to contract certain services from qualified and certified individuals in order to the serve the students of the State.
d. It is altogether necessary and proper for the Legislature to establish requirements for boards of education to directly employ certain individuals and ensure services contracted by boards of education are of the highest quality.
2. As used in sections 1 through 6 of P.L. , c. (C. ) (pending before the Legislature as this bill):
Board of education means and includes a board of education as defined in N.J.S.18A:18A-2, the board of directors of an educational services commission, and the administrative board of a renaissance school project or any other local education agency.
Individualized student learning opportunities means student experiences, including independent study, study abroad programs, student exchange programs, and structured learning experiences, including, but not limited to: work-based programs; internships; apprenticeships; and service-learning experiences; based on specific instructional objectives that meet or exceed the New Jersey Student Learning Standards for students in grades nine through 12 pursuant to regulations promulgated by the State Board of Education.
Public school means and includes a school, under college grade, which derives its support entirely or in part from public funds, a school district, a charter school, a renaissance school project, an educational services commission, or any other local education agency.
3. Except as otherwise expressly permitted pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) , any other law, or by an exemption provided by the Commissioner of Education pursuant to section 4 or section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), a board of education shall directly employ all persons performing any duty, function, service, assignment, or job requiring an appropriate certificate issued by the State Board of Examiners for, or on behalf of, a board of education.
4. a. The Commissioner of Education shall establish a process for a board of education to apply for an exemption from the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) on a case-by-case basis.
b. The exemption may be granted for personnel necessary to operate a specified program or course offered by a school district that supplements the educational programming of the district. The exemption may include personnel necessary to operate an alternative education program, programming to address learning loss, or remedial education.
c. An exemption granted by the commissioner pursuant to this section shall not exempt a board of education from directly employing any personnel providing instruction for the courses or curriculum implemented by a district to satisfy the New Jersey Student Learning Standards or as part of the districts implementation of school graduation requirements for a State-endorsed diploma.
5. a. The Commissioner of Education shall establish a process for a charter school or a renaissance school project to apply for an exemption from the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) for personnel performing any school nursing services on a case-by-case basis.
b. The commissioner shall post any determinations issued pursuant to subsection a. of this section on the departments Internet website, excluding any personally identifiable information.
6. Notwithstanding the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, a board of education may contract with the following personnel to ensure that required programs and services are provided and shall not be required to directly employ the personnel, provided that the personnel hold an applicable certificate:
a. a substitute teacher;
b. personnel providing instruction in financial, economic, business, and entrepreneurial literacy to satisfy graduation requirements pursuant to regulations promulgated by the State Board of Education;
c. personnel providing educational services to a student who is enrolled in a school other than a public school pursuant to regulations promulgated by the State Board of Education;
d. personnel employed by other boards of education and providing services pursuant to a shared services or joint agreement;
e. personnel providing individualized student learning opportunities;
f. personnel providing special education and related services to a student who is enrolled in an out-of-district placement;
g. faculty of a public institution of higher education providing instruction under a dual enrollment agreement established pursuant to section 1 of P.L.2014, c.74 (C.18A:61C-10);
h. a business administrator who oversees the fiscal operations of a charter school or a renaissance school project and is employed by the board of trustees of the charter school or the administrative board of the renaissance school project;
i. personnel providing instruction during a summer school session of a charter school or a renaissance school project; and
j. personnel employed by a charter management organization who provide operation, management, or curriculum services to a charter school in this State including, but not limited to, instructional directors and school administrators.
7. a. Notwithstanding the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, a board of education may contract for the services listed in subsection c. of this section for public school students with:
(1) a private clinic or agency approved by the Department of Education;