STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
Co-Sponsored by:
Senator Johnson
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
Introduced Pending Technical Review by Legislative Counsel.
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 or by an approved private school for students with disabilities 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) or
any other law, 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. 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; and
f. personnel providing special education and related services to a student who is enrolled in an out-of-district placement.
5. 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;
(2) a private professional practitioner who is certified and licensed in accordance with State law; or
(3) an agency or program that is certified, approved, or licensed by the Department of Human Services or the Department of Health to provide counseling or mental health services.
b. All instructional, child study team, or related services personnel shall hold an applicable certificate on a non-emergency basis.
c. The services shall include:
(1) independent child study team evaluations;
(2) child study team services to supplement existing district services;
(3) home instruction in accordance with regulations promulgated by the State Board of Education;
(4) speech-language services provided by a speech-language specialist when a board of education is unable to hire sufficient staff to provide the service; and
(5) related services except that for the following related services:
(a) certified occupational therapy assistants, and others employed in a supportive role to licensed and, where applicable, certified providers of related services, shall work under the supervision of an appropriately licensed and, where applicable, certified provider of the services;
(b) physical therapy assistants shall work in the presence of and under the supervision of a certified physical therapist; and
(c) specialists in behavior modification or other disciplines for which there is no license or certification shall hold, at a minimum, a bachelors degree in education, psychology, or a related field from an accredited institution of higher education and shall work under the supervision of certified board of education personnel.
6. a. Notwithstanding the
provisions of section 3 of P.L. ,
c. (C. ) (pending before the Legislature as this bill) to the
contrary, an approved private school for students with disabilities 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;
(2) a private professional practitioner who is certified and licensed in accordance with State law; or
(3) an agency or program that is certified, approved, or licensed by the Department of Human Services or the Department of Health to provide counseling or mental health services.
b. All instructional or related services personnel shall hold an applicable certificate or license on a non-emergency basis.
c. The services shall include:
(1) speech-language services provided by a speech-language specialist when an approved private school for students with disabilities is unable to hire sufficient staff to provide the service; and
(