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.

S3697

SENATE, No. 3697

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Senator� VIN GOPAL

District 11 (Monmouth)

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

���� As introduced.

��

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 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)

,
any other law,
or by an exemption
provided by the Commissioner of Education pursuant to section 4 or section 5 of
P.L. , c. (C.������� )
(pending before the Legislature as this bill),
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.�� a.�
The Commissioner of Education shall establish a process for a board of
education to apply for an exemption from the provisions of section 3 of P.L.���
, c.���� (C.������� ) (pending before the Legislature as this bill) on a
case-by-case basis.

����� b.�
The exemption may be granted for personnel necessary to operate a specified
program or course offered by a school district that supplements the educational
programming of the district. The exemption may include personnel necessary to
operate an alternative education program, programming to address learning loss,
or remedial education.

����� c.�
An exemption granted by the commissioner pursuant to this section shall not
exempt a board of education from directly employing any personnel providing
instruction for the courses or curriculum implemented by a district to satisfy
the New Jersey Student Learning Standards or as part of the district�s
implementation of school graduation requirements for a State-endorsed diploma.

����� 5.�� a.�
The Commissioner of Education shall establish a process for a charter school or
a renaissance school project to apply for an exemption from the provisions of
section 3 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as
this bill) for personnel performing any school nursing services on a
case-by-case basis.

����� b.�
The commissioner shall post any determinations issued pursuant to subsection a.
of this section on the department�s Internet website, excluding any personally
identifiable information.

�����
6.
�� 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;

����
f.
�personnel providing special education and related services to a
student who is enrolled in an out-of-district placement
;

���� g.�
faculty of a public institution of higher education providing instruction under
a dual enrollment agreement established pursuant to section 1 of P.L.2014, c.74
(C.18A:61C-10);

���� h.�
a business administrator who oversees the fiscal operations of a charter school
or a renaissance school project and is employed by the board of trustees of the
charter school or the administrative board of the renaissance school project;

���� i.�
personnel providing instruction during a summer school session of a charter
school or a renaissance school project; and

���� j.�
personnel employed by a charter management organization who provide operation,
management, or curriculum services to a charter school in this State including,
but not limited to, instructional directors and school administrators
.

����� 7.
�� 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
in a
temporary position that supplements existing district staff
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 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 bachelor�s 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.

���� 8.��� The Legislature finds
and declares that:

���� a.� It is the public policy of
this State that instruction delivered in-person provides the most educational
benefit for New Jersey�s students.

���� b.� There are very limited
educationally appropriate circumstances where the availability of virtual or
remote instruction serves as a benefit for students.

���� c.� When utilized at the
discretion of a properly certified teaching staff member to aid in in-person
instruction, technological tools can be educationally beneficial and the
Legislature does not intend to limit their use.

���� d.� It is therefore necessary
and proper to recognize the existence and current utilization of virtual or
remote instruction and provide certain opportunities for students to receive
this type of instruction.

���� 9.��� a.� Except as otherwise
expressly permitted pursuant to
P.L. , c. (C. )
(pending before the Legislature as this bill) or any other law, instructional
services provided by a school district shall be delivered through in-person
methods.

���� b.� This section shall not be
construed to limit the ability or discretion of a teaching staff member to
utilize technological tools as an aide to in-person instruction. Technological
tools shall include, but shall not be limited to, online learning applications,
educational software, third party websites, internet-based educational
resources, online data and assessment platforms, and any other board of
education approved software program or application used to assist with
curricular or education specific needs.

���� c.� This section shall not be
construed to limit the availability of remote-work for disability-related
accommodations.

�����
10.
a.� Notwithstanding the provisions of subsection a. of section
8

of P.L.�� , c.��� (C.���� ) (pending
before the Legislature as this bill) to the contrary, a school district may
utilize virtual or remote instruction for
an
individual
student
or a class of
students
when equivalent instruction cannot be provided through
in-person instruction, subject to the approval of the Commissioner of
Education.

���� b.� A school district shall
apply to the commissioner, in a form and manner prescribed by the commissioner,
to utilize virtual or remote instruction for

an individual
student
or a class of
students
pursuant to this section.

���� c.� The application shall:

���� (1) �identify and attest to
the specific reasons why equivalent instruction cannot be provided through
in-person instruction; and

���� (2) �demonstrate how the board
of education will ensure the virtual or remote instruction meets educational
standards.

���� d. �A school district shall
apply separately to the commissioner for each
individual

student
or class of students
for
whom the district is requesting virtual or remote instruction.

���� e.� The commissioner shall not
make a determination on an application until the notification and comment
procedures established pursuant to paragraph (1) of subsection f. of this
section are completed.

���� f.� The commissioner shall
establish:

���� (1) �a process for notifying
any individual currently providing the instructional services 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;

���� (2) �a process for notifying 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

���� (3) �a procedure for 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 to appeal the determination.

���� g.��� Notwithstanding the
provisions of section 9 of P.L.1996, c.138 (C.18A:7F-9) to the contrary, the Commissioner
of Education shall
permit
a board of
education that provides virtual or remote instruction approved pursuant to this
section to apply the instruction to the 180-day requirement established
pursuant to subsection a. of section 9 of P.L.1996, c.138 (C.18A:7F-9).

����� 11.�
a.� Notwithstanding the provisions of subsection a. of section 9 of P.L.�� ,
c.��� (C.���� ) (pending before the Legislature as this bill) to the contrary,
a school district that has applied to utilize virtual or remote instruction
pursuant to section 10 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill) shall be permitted to utilize virtual or remote
instruction for an individual student or a class of students on a temporary
basis without the approval of the Commissioner of Education when equivalent
instruction cannot be provided through in-person instruction during the period
between the district�s submission of the application and the district�s receipt
of the commissioner�s determination on the application.

����� b.�� If
the commissioner denies the district�s application for virtual or remote
instruction, the district shall discontinue the use of virtual or remote
instruction and implement in-person instruction no less than 60 instructional
days after the determination is made.

���� c.

�Notwithstanding the provisions of section 9 of P.L.1996, c.138
(C.18A:7F-9) to the contrary, the commissioner shall permit a board of
education that provides virtual or remote instruction approved pursuant to this
section to apply the instruction to the 180-day requirement established
pursuant to subsection a. of section 9 of P.L.1996, c.138 (C.18A:7F-9).

����� 12.�
The commissioner shall post any determinations issued pursuant to section 10 or
section 11 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as
this bill) on the department�s Internet website, excluding any personally
identifiable information.

����
13.
� Notwithstanding the provisions of subsection a. of section
9.
of P.L.�� , c.��� (C.���� ) (pending
before the Legislature as this bill) or any other section of law to the
contrary, a board of education, as part of the district�s implementation of
school graduation requirements for a State-endorsed diploma, may provide
instruction in financial, economic, business, and entrepreneurial literacy, as
required by regulations promulgated by the State Board of Education, by virtual
or remote instruction, either in whole or in part.

����
14.
� a.� Notwithstanding the provisions of subsection a. of section
9.
of P.L.�� , c.��� (C.���� ) (pending
before the Legislature as this bill) to the contrary, individualized student
learning opportunities may include, but are not limited to:

���� (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.

���� b.� A board of education
approving an individualized student learning opportunity may determine if the
individualized student learning opportunity may be completed by virtual or
remote instruction, either in whole or in part.

���� c.� Individualized student
learning opportunities shall apply toward the credit requirements for a
State-endorsed diploma established pursuant to regulations promulgated by the
State Board of Education.

���� d. As used in this section,
�individualized student learning opportunities� means student experiences based
upon 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.

����� 15.�
a.�
Notwithstanding the provisions of subsection a. of section
9
of P.L.�� , c.��� (C.���� ) (pending before
the Legislature as this bill) or any other section of law to the contrary, a
charter school or a renaissance school project may provide summer school
sessions by virtual or remote instruction, either in whole or in part, subject
to the approval of the Commissioner of Education.

����� b.� The commissioner shall
post any determinations issued pursuant to subsection a. of this section on the
department�s Internet website, excluding any personally identifiable
information.

�����
16.�
This act shall take effect on the first day of the fourth
month next following the date of enactment
and
shall first apply to the first full school year following the date of enactment
,
except that the Commissioner of Education may take any anticipatory
administrative action, in advance of the effective date, as may be necessary to
implement the provisions of this act.

STATEMENT

���� This bill requires a board of
education to directly employ certain professionals; permits a board of
education to contract for certain personnel; and 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; (6) personnel
providing special education and related services to a student who is enrolled
in an out-of-district placement
; (7) faculty
of a public institution of higher education providing instruction under a dual
enrollment agreement; (8) a business administrator who oversees the fiscal
operations of a charter school or a renaissance school project and is employed
by the board of trustees of the charter school or the administrative board of
the renaissance school project; (9) personnel providing instruction during a
summer school session of a charter school or a renaissance school project; and
(10)� personnel employed by a charter management organization who provide
operation, management, or curriculum services to a charter school in this State
including, but not limited to, instructional directors and school
administrators
.

���� 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.

���� Under the bill, the
Commissioner of Education is required to establish a process for case-by-case
exemptions to the provisions of the bill that require a school district to
directly employ certain professionals.

���� 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 virtual or remote instruction for a student or a
class of students when equivalent instruction cannot be provided through
in-person instruction, subject to the approval of the commissioner and establishes
an application process for a school district to apply for individualized
virtual or remote instruction for a student or a class of students. 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 permits
a school district that has applied to utilize
virtual or remote instruction pursuant to the provisions of the bill to utilize
virtual or remote instruction on a temporary basis without the approval of the
Commissioner of Education when equivalent instruction cannot be provided
through in-person instruction during the period between the district�s
submission of the application and the district�s receipt of the commissioner�s
determination on the application.

���� 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.

���� Additionally, the bill permits
charter schools and renaissance school projects to provide virtual or remote
instruction, either in whole or in part, for summer school sessions.

���� 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.