New Jersey-2022-S2563-Introduced

An Act concerning a grant program for teachers of certain subjects and amending P.L.2019, c.256.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2019, c.256 (C.18A:6-137) is amended to read as follows:

1. As used in sections 2 through 5 of P.L.2019, c.256 (C.18A:6-138 through C.18A:6-141):

"Eligible teacher" means an individual who is employed as a teacher in a public school and who meets one of the following criteria: (1) holds a valid and effective provisional or standard instructional certificate issued by the State Board of Examiners with an endorsement in a science field, mathematics, technology education, or computer science education; (2) is currently enrolled in a degree program or a coherent sequence of courses in science, mathematics, technology, or computer science; [or] (3) will enroll in a degree program or a coherent sequence of courses in science, mathematics, technology, or computer science within two years of the effective date of P.L.2019, c.256 (C.18A:6-137 et seq.) or within two years of participating in the grant program established pursuant to section 2 of P.L.2019, c.256 (C.18A:6-138)[.] ; or (4) is currently employed by a public school district to teach in a science, technology, engineering, mathematics, or computer science field.

"Instructional hourly wage" means the amount equal to a teacher's annual public school teacher salary including bonuses for the prior school year, adjusted for inflation based on the consumer price index for all urban consumers in the New York and Philadelphia areas as reported by the United States Department of Labor, divided by the product of 36 and the average number of weekly hours taught by the teacher in public school in the prior school year.

"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.).

"Valid objection" means an explanation of why a school district disapproves of an eligible teacher employed by the school district from entering into a partnership with a participating nonpublic school. A school district with a valid objection shall cite, with

sufficient supporting proof, as determined by the Commissioner of Education, one or more of the following reasons:

a. the proposed teaching hours at the nonpublic school conflict with the teacher's public school work responsibilities and no resolution could be found after consulting with the teacher and nonpublic school; or

b. approval of a proposed partnership between the nonpublic school and teacher would otherwise substantially impact the quality of student instruction in the school district.

(cf: P.L.2019, c.256, s.1)

2. Section 3 of P.L.2019, c.256 (C.18A:6-139) is amended to read as follows:

3. a. A nonpublic school that wishes to participate in the grant program established under section 2 of P.L.2019, c.256 (C.18A:6-138) shall submit an application to the Commissioner of Education, in a manner and on such forms as determined by the commissioner. The commissioner shall establish the application deadlines for each school year. In the event that the grant program is not operational by September 1, 2019, the commissioner shall allow nonpublic schools to submit applications during the course of the 2019-2020 school year for implementation of the program in that nonpublic school during the 2019-2020 school year.

An application shall include the following:

(1) the names of the nonpublic school, school district, and eligible teacher that will form a STEM partnership under the program;

(2) acknowledgement from [both] the nonpublic school [and school district] that the eligible teacher will teach at the nonpublic school during hours [following completion of the teacher's duties at the public school, unless alternative scheduling is mutually agreed upon by the school district and nonpublic school and is reflected in a signed agreement] during which the teacher has no conflicting public school duties;

(3) the proposed schedule and grades to be taught by the eligible teacher at the nonpublic school;

(4) the number of students, based on enrollment projections, that will receive instruction from the eligible teacher under the proposed schedule at the nonpublic school;

(5) a certification from the nonpublic school that the eligible teacher shall provide only secular instruction at the nonpublic school; and

(6) any other information specified by the commissioner.

Upon receiving an application, the commissioner shall, within 10 business days, provide the school district in which the teacher is employed the opportunity to object to the partnership identified in the agreement. The school district shall submit to the commissioner any valid objection within 10 business days. If a valid objection is received, then the commissioner shall reject the application and, within five business days, inform both the teacher and nonpublic school that the application was rejected.

b. The commissioner shall establish selection criteria for the awarding of grants under the program, including consideration of the application information submitted pursuant to subsection a. of this section. To the maximum extent possible, the commissioner shall select at least three nonpublic schools in each of the northern, central, and southern regions of the State to participate in the program, and nothing shall prohibit more than three nonpublic schools in each region of the State from participating. During the program's operation, the program may be expanded beyond the nonpublic schools that were initially selected to participate, as determined by the commissioner and subject to the availability of funds.

c. The commissioner shall award grants under the program based upon review of the applications and subject to the limit of funds appropriated or otherwise made available for the program. [Approved grant] Grant funds for approved applications shall be allocated by the Department of Education to the school district of each eligible teacher participating in the program. The school district shall use the funds to provide compensation to a participating eligible teacher pursuant to this subsection. The commissioner shall establish the amount of each grant awarded for an eligible teacher, subject to the following:

(1) A participating teacher shall receive an amount equal to the teacher's [annual salary as calculated on a per-hour basis] instructional hourly wage multiplied by the number of hours the teacher will teach STEM classes at a nonpublic school under the program.

(2) In the event that sufficient funds are not appropriated to fully fund the compensation to be provided to participating eligible teachers pursuant to paragraph (1) of this subsection, the commissioner shall apportion the amount appropriated among the participating eligible teachers in proportion to the compensation each participating eligible teacher would have received had the full amount been appropriated.

(3) Payments received by a participating teacher under the grant program shall not be considered "compensation" under N.J.S.18A:66-2.

d. Funds appropriated for the grant program shall be used exclusively for the hiring of eligible teachers to teach STEM classes at a participating nonpublic school, and the eligible teacher shall teach only the classes stipulated under the program.

e. If at any time a participating nonpublic school determines that a participating eligible teacher is not in compliance with the program or is violating the nonpublic school's code of conduct, the nonpublic school may submit information to the commissioner supporting its determination, and request that the teacher be removed from participation in the program at the nonpublic school. The information submitted shall demonstrate noncompliance with the program, the nonpublic school's code of conduct, or the nonpublic school's faculty handbook. After reviewing the information, the commissioner may terminate the teacher's participation in the program at that nonpublic school.

f. The grant program established pursuant to section 2 of P.L.2019, c.256 (C.18A:6-138) shall not infringe upon the collective bargaining agreement between the majority representative of the collective negotiations unit in which the participating eligible teacher is a member and the school district in which the teacher is employed.

g. Any appropriation for the grant program made in a fiscal year that is not expended in that fiscal year shall be available to be used for the same purpose in the subsequent fiscal years.

(cf: P.L.2019 , c.256 , s.3)

3. This act shall take effect immediately.

STATEMENT

This bill makes certain amendments to the STEM educator grant program. The program provides grants for teachers in public school districts to teach additional classes in science, technology, engineering, mathematics, or computer science at nonpublic schools.

This bill allows public school districts employing eligible teachers to object to participation in the program for certain allowable reasons. Currently, applications to participate in the program are submitted by nonpublic schools with acknowledgement of the arrangement from the public school district employing the teacher. Under this bill, nonpublic schools would submit the application unilaterally, and school districts would have the opportunity to object to the application after submission if the school district can demonstrate that the arrangement would conflict with public school duties and no resolution could be found or that students would otherwise be adversely affected by the arrangement. The bill also broadens the times when a teacher may teach at the nonpublic school to any hours during which the teacher has no conflicting public school duties.

This bill also defines the manner in which a teacher's instructional hourly wage must be determined. Under the bill, the instructional hourly wage of an eligible teacher would be equal to the teacher's salary for the previous school year, adjusted for inflation, divided by the product of 36 and the average number of weekly hours taught by the teacher in the prior school year.