Bill Text: NJ A4789 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes Safe and Equitable Remote Learning Pilot Program in DOE to support provision of remote learning safe havens by certain school districts.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2021-12-16 - Reported from Senate Committee, 2nd Reading [A4789 Detail]
Download: New_Jersey-2020-A4789-Introduced.html
Sponsored by:
Assemblyman WILLIAM W. SPEARMAN
District 5 (Camden and Gloucester)
SYNOPSIS
Establishes Safe and Equitable Remote Learning Program in DOE to support provision of mobile broadband Internet access service and remote learning safe havens by certain school districts.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the Safe and Equitable Remote Learning Program and supplementing 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:
"Eligible district" includes the Camden City School District, the Passaic City School District, the Paterson City School District, and the Trenton City School District.
"Mobile broadband Internet access service" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service.
2. There is established in the Department of Education a Safe and Equitable Remote Learning Program to assist eligible school districts in the provision of mobile broadband Internet access service and remote learning safe havens, as provided in sections 3 and 4 of this act.
3. a. When an eligible district implements a program of virtual or remote instruction, as provided under section 9 of P.L.1996, c.138 (C.18A:7F-9), the eligible district shall be responsible for the provision of mobile broadband Internet access service to the residence of every enrolled student who is eligible for free or reduced-price meals under the State school lunch program and who lacks access to mobile broadband Internet access service. During the period of virtual or remote instruction, the eligible district shall provide direct payments to the Internet service provider that delivers mobile broadband Internet access service to the residence of each eligible student.
b. (1) Within the limits of available funds, the Department of Education shall provide each eligible district with such funding as is necessary to support the payments required under subsection a. of this section.
(2) To the extent permitted by federal law, an eligible district shall reimburse the department for the monies received pursuant to paragraph (1) of this subsection using any federal financial assistance received by the district to address the impact of the declared public health emergency, state of emergency, or other incident that caused the program of virtual or remote instruction to be implemented, which federal financial assistance shall include, but not be limited to, monies received under the federal "Coronavirus Aid, Relief, and Economic Security (CARES) Act," Pub.L. 116-136.
4. a. Notwithstanding the provisions of any other law or regulation concerning the approval of temporary educational facilities to the contrary, when an eligible district implements a program of virtual or remote instruction, as provided under section 9 of P.L.1996, c.138 (C.18A:7F-9), the eligible district may, with the approval of the executive county superintendent of schools, establish one or more remote learning safe havens. Each remote learning safe haven shall be used for the delivery of remote instruction to enrolled students in accordance with applicable social distancing guidelines.
b. When an eligible district establishes a remote learning safe haven, the eligible district shall be responsible for the provision of mobile broadband Internet access service to the facility. The service shall be sufficient for every enrolled student who is eligible for free or reduced-price meals under the State school lunch program to participate in remote instructional sessions at the facility.
c. In addition to any other requirements established by the Commissioner of Education, a remote learning safe haven shall be:
(1) located within a building owned by the federal government, the State, a political subdivision of the State, or a nonprofit organization; and
(2) staffed by appropriately licensed school personnel, as approved by the board of education, during all hours of operation.
d. If an eligible district establishes a remote learning safe haven, the Department of Education shall, within the limits of available funds, provide the eligible district with such funding as is necessary to defray the costs of establishing and staffing the facility, as well as providing the facility with mobile broadband Internet access service.
5. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.), or any other law to the contrary, the Commissioner of Education may adopt, immediately upon filing with the Office of Administrative Law and no later than the 90th day after the effective date of this act, such rules and regulations as the commissioner deems necessary to implement the provisions of this act, which regulations shall be effective for a period not to exceed 12 months. The regulations shall thereafter be amended, adopted, or readopted by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).
6. This act shall take effect
immediately.
STATEMENT
This bill establishes the Safe and Equitable Remote Learning Program in the Department of Education to support the provision of mobile broadband Internet access service and remote learning safe havens by certain eligible districts, including the Camden City School District, the Passaic City School District, the Paterson City School District, and the Trenton City School District.
Under this bill, when an eligible district implements a program of virtual or remote instruction, the district would be required to provide mobile broadband Internet access service to the residence of every enrolled student who is eligible for free or reduced-price meals under the State school lunch program and who lacks access to mobile broadband Internet access service. During the period of virtual or remote instruction, the bill requires the eligible district to provide direct payments to the Internet service provider that delivers mobile broadband Internet access service to the residence of each eligible student.
Within the limits of available funds, the Department of Education would be required to provide each eligible district with such funding as is necessary to support the required Internet service payments. The districts would then be required to reimburse the department from any federal financial assistance received by the district to address the impact of the declared public health emergency, state of emergency, or other incident causing the program of virtual or remote instruction to be implemented (e.g., monies received under the federal "Coronavirus Aid, Relief, and Economic Security (CARES) Act," Pub.L. 116-136).
Additionally, the bill provides that when an eligible district implements a program of virtual or remote instruction, the district may, with the approval of the executive county superintendent of schools, establish one or more remote learning safe havens. Each remote learning safe haven would be used for the delivery of remote instruction to enrolled students in accordance with applicable social distancing guidelines. Under the bill, the district would be required to provide mobile broadband Internet access service to the facility. The bill requires this service to be sufficient for every enrolled student who is eligible for free or reduced-price meals under the State school lunch program to participate in remote instructional sessions at the facility.
In addition to any other requirements established by the Commissioner of Education, each remote learning safe haven would be required to be: (1) located within a building owned by the federal government, the State, a political subdivision of the State, or a nonprofit organization; and (2) staffed by appropriately licensed school personnel, as approved by the board of education, during all hours of operation.
If an eligible district establishes a remote learning safe haven, the department would be required to provide the district with such funding as is necessary to defray the costs of establishing and staffing the facility, as well as providing the facility with mobile broadband Internet access service.
