Bill > S4233

Introduced Session

This bill requires a board of education to directly employ certain professionals and permits a board of education to contract for certain personnel. This bill also permits the use of virtual or remote instruction for public school students in certain circumstances. Under the bill, a board of education, generally defined as the board of education of any local school district, consolidated school district, regional school district, county vocational school, and any other board of education or other similar body, the board of directors of an educational services commission, and the administrative board of a renaissance school project or any other local education agency, is required to 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. Additionally, the bill permits a board of education to contract with personnel to ensure required programs and services are provided and are not required to directly employ the personnel, provided that the personnel hold an applicable certificate. Under the bill, the personnel include: (1) a substitute teacher; (2) personnel providing instruction in financial, economic, business, and entrepreneurial literacy to satisfy graduation requirements; (3) personnel providing educational services to a student who is enrolled in a school other than a public school; (4) personnel employed by other boards of education and providing services under a shared services or joint agreement; (5) personnel providing individualized student learning opportunities; and (6) personnel providing special education and related services to a student who is enrolled in an out-of-district placement. Additionally, the bill permits a board of education to contract for additional services provided that the personnel holds an applicable certificate on a non-emergency basis and the board contracts with specific entities. Under the bill, these services include (1) independent child study team evaluations; (2) child study team services to supplement existing district services; (3) home instruction; (4) speech-language services in certain circumstances; and (5) related services, provided that certified occupational therapy assistants, others employed in a supportive role to licensed certified providers of related services, physical therapy assistants, and specialists in behavior modification meet additional requirements, as specified in the bill. The bill also permits an approved private school for students with disabilities to contract for certain services, provided that the personnel holds an applicable certificate on a non-emergency basis and the approved private school for students with disabilities contracts with specific entities. Under the bill, these services include speech-language services and related services, provided that certified occupational therapy assistants, others employed in a supportive role to licensed certified providers of related services, physical therapy assistants, and specialists in behavior modification meet additional requirements, as specified in the bill. The bill also requires instructional services provided by a school district, including a charter school or a renaissance school project, to be delivered through in-person methods unless otherwise permitted by State law. Additionally, the bill permits a school district to utilize individualized virtual or remote instruction for a student when equivalent instruction cannot be provided through in-person instruction, subject to the approval of the Commissioner of Education and establishes an application process for a school district to apply for individualized virtual or remote instruction for a student. Under the bill, the commissioner is required to establish a process for notifying an individual currently providing the instructional services which are being sought to be implemented virtually or remotely, and the majority representative of the district's employees of the submission of an application and provide them with a copy of the application and notice of the right to object to, or comment on, the application prior to the commissioner's determination. Additionally, the bill requires the commissioner to establish a process to notify a school district, any individual currently providing the instructional services which are being sought to be implemented virtually or remotely, and the majority representative of the district's employees regarding a determination on the request for virtual or remote instruction and a procedure for a school district to them to appeal the determination. The bill also permits a board of education, as part of the district's implementation of school graduation requirements for a State-endorsed diploma to provide instruction in financial, economic, business, and entrepreneurial literacy by virtual or remote instruction, either in whole or in part. Finally, the bill specifies that individualized student learning opportunities that meet or exceed the New Jersey Student Learning Standards for students in grades nine through 12 include (1) independent study, (2) study abroad programs, (3) student exchange programs, (4) credit recovery programs; and (5) structured learning experiences, including, but not limited to, work-based programs, internships, apprenticeships, and service-learning experiences. Under the bill, the board is to determine if an individualized student learning opportunity may be completed by virtual or remote instruction, either in whole or in part. Pursuant to the bill, individualized student learning opportunities are required to apply toward the credit requirement for a State-endorsed diploma established under State Board of Education regulations.

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Committee Categories

Vin Gopal (D)*,  Gordon Johnson (D), 

Introduced in the Senate, Referred to Senate Education Committee (on 12/14/2023)

Official Document