Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires certain actions prior to withholding nonpublic school aid for nonpublic schools failure to meet certain health and safety requirements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning nonpublic school aid and supplementing chapter 55 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
Nonpublic school means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964, Pub.L.88-352 (42 U.S.C. s.2000d et seq.).
Nonpublic school aid means funds payable by the State to a nonpublic school or to a local school district to provide services to, or be distributed on behalf of, a student enrolled in a nonpublic school.
2. a. If the Commissioner of Education determines that a nonpublic school has failed to comply with or attest to compliance with the health and safety requirements of nonpublic school facilities enumerated in subsection d. of this section, the commissioner shall provide written notice to the nonpublic school. A nonpublic school shall have 60 days from receipt of the written notice to take corrective action, as determined by the commissioner, to meet the health and safety requirements. The commissioner may grant an extension of up to 30 days upon written request from the nonpublic school.
b. If the commissioner determines that a nonpublic school has failed to take corrective action within the period of time provided pursuant to subsection a. of this section, the nonpublic school, in cooperation with the Department of Education, shall subsequently develop an improvement plan to address the health and safety requirements with which the nonpublic school has not complied or with which it has not attested to compliance. The improvement plan shall be submitted to the commissioner for approval. The commissioner shall review the improvement plan within 60 days of receipt of the plan. Upon approval, the commissioner shall provide the nonpublic school with technical assistance as outlined in the plan. The nonpublic school shall have one year from the approval of the schools improvement plan to comply with or attest to compliance with the health and safety requirements of nonpublic school facilities. A nonpublic school that fails to submit an improvement plan pursuant to this subsection may be subject to the withholding of nonpublic school aid at the discretion of the commissioner.
c. If the commissioner determines that a nonpublic school has failed to comply with or attest to compliance with the health and safety requirements of nonpublic school facilities enumerated in subsection d. of this section within one year of the approval of the schools improvement plan, the commissioner may take one or both of the following actions:
(1) order the nonpublic school to show cause why the commissioner should not withhold nonpublic school aid from the school; or
(2) direct the State Treasurer to withhold nonpublic school aid from the school.
d. The health and safety requirements of nonpublic school facilities with which a nonpublic school is required to comply or with which it is required to attest to compliance with shall include, but not be limited to, the following:
(1) obtaining a valid certificate of occupancy or certificate of continued occupancy in accordance with the State Uniform Construction Code adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.);
(2) obtaining and posting a current certificate of inspection issued by the local or State fire official in accordance with the Uniform Fire Code promulgated pursuant to P.L.1983, c.383 (C.52:27D-192 et seq.);
(3) completing fire and security drills pursuant to N.J.S.18A:41-1;
(4) providing critical incident mapping data to local law enforcement authorities pursuant to P.L.2019, c.106 (C.18A:41-7.1);
(5) obtaining State or local food safety inspections as necessary;
(6) maintaining an asbestos management plan;
(7) making an annual inspection report for the operation of a sewage treatment plant available, as applicable, pursuant to regulations adopted by the Department of Environmental Protection;
(8) posting a current boiler inspection certificate at the site of a boiler as required pursuant to R.S.34:7-24;
(9) maintaining potable drinking water through sanitary means in accordance with the National Standard Plumbing Code;
(10) providing information required pursuant to the Worker and Community Right to Know Act, P.L.1983, c.315 (C.34:5A-1 et seq.);
(11) having an automated external defibrillator as required pursuant to section 1 of P.L.2012, c.51 (C.18A:40-41a);
(12) filing a compliance certification for playground safety in accordance with the Playground Safety Subcode adopted pursuant to P.L.1999, c.50 (C.52:27D-123.9 et seq.); and
(13) covering lamps and bulbs with a lens cover or equivalent protection and complying with applicable lighting levels in accordance with the ANSI/IES TM-30.
e. Nothing in this section shall be construed to waive the health and safety requirements of nonpublic school facilities.
f. Nothing in this section shall be construed to prohibit a municipality, a municipal code enforcement agency, or the State from taking actions permitted by law, except for the withholding of State aid, if a nonpublic school fails to meet the applicable health and safety requirements of nonpublic school facilities.
3. This act shall take effect immediately.
STATEMENT
This bill requires the Commissioner of Education to take certain actions prior to withholding nonpublic school State aid for a nonpublic schools failure to meet certain health