ASSEMBLY EDUCATION COMMITTEE
STATEMENT TO
ASSEMBLY, No. 5874
with committee amendments
STATE OF NEW JERSEY
DATED: DECEMBER 14, 2023
The Assembly Education committee reports favorably Assembly
Bill No. 5874 with committee amendments.
The amended bill requires a board of education to directly
employ certain professionals and permits a board of education to
contract for certain personnel. The amended bill also permits the
use of virtual or remote instruction for public school students in
certain circumstances.
Under the amended 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
amended 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 amended 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 amended 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 amended bill, these 2
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 provided that the
speech-language specialist is providing the services on a temporary
basis to supplement existing district staff when a board of education
is unable to hire sufficient staff to provide the service; 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 amended bill.
The amended 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 amended bill,
these services include speech-language services provided that the
speech-language specialist is providing the services on a temporary
basis to supplement existing staff when an approved private school
for students with disabilities is unable to hire sufficient staff to
provide the service 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 amended bill.
The amended 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 amended 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 amended 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 amended 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 3
determination on the request for virtual or remote instruction and a
procedure for a school district to them to appeal the determination.
The amended 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 amended 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 amended 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 amended 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.
COMMITTEE AMENDMENTS :
The committee amended the bill to:
clarify that contracted speech-language services provided by a
speech-language specialist may only be provided by a speech-
language specialist serving in a temporary position to
supplement existing staff when a board of education or an
approved private school for students with disabilities is unable
to hire sufficient staff to provide the service; and
make a technical correction.