S2870

An Act establishing the Education Rescue Grant Program to support the qualified personnel costs of school districts impacted by the COVID-19 pandemic.

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

1. a. There is established in the Department of Education the Education Rescue Grant Program to support the qualified personnel costs of school districts impacted by the outbreak of the COVID-19 pandemic.

b. If a school district terminates, or is expected to terminate, the employment of one or more teaching staff members as a result of the financial impacts of the COVID-19 pandemic, the school district may apply to the Commissioner of Education for an Education Rescue Grant to support the costs of rehiring or retaining the teaching staff member, or if such person is not able to be rehired, the costs of hiring a similarly qualified teaching staff member. The proceeds of each grant shall be dedicated to the salaries, not including fringe benefits or other non-monetary compensation, payable to the teaching staff members by the recipient school district.

c. In addition to any other information required by the commissioner, the application submitted by a school district shall include:

(1) the number of teaching staff members that would be hired, rehired, or retained through the grant;

(2) the position of each teaching staff member who would be hired, rehired, or retained through the grant;

(3) the total salaries, not including fringe benefits or other non-monetary compensation, paid to the persons employed in each position set forth in the grant application during the most recent 12 months of employment with the school district; and

(4) a detailed description of the fiscal condition of the school district, including an explanation of how the financial impact of the COVID-19 pandemic would otherwise necessitate the termination of each teaching staff member.

d. (1) A grant shall be awarded in an amount determined by the commissioner, except that the amount shall not exceed the total salaries, not including fringe benefits and other non-monetary compensation, paid to the persons employed in each position set forth in the grant application during the most recent 12 months of employment with the school district.

(2) If the commissioner determines that the fiscal condition of an applicant school district does not necessitate the termination of one or more teaching staff members, the commissioner shall reject the grant application or reduce the amount awarded to the school district.

(3) When awarding grants, the commissioner may give preference to applicants that experienced the greatest fiscal distress as a result of the COVID-19 pandemic, or applicants that dedicate funding to support the employment of teaching staff members in specific types of positions.

e. If the commissioner determines that a recipient school district has used a grant for an unauthorized purpose, or the school district has terminated the employment of a teaching staff member, whose position was funded through the grant, within 12 months of receiving the grant, the commissioner shall require the school district to repay the amount of the grant to the Department of Education according to a repayment schedule established by the commissioner.

f. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.), or any other law to the contrary, the commissioner 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, at a minimum, set forth the requirements for application submissions, the criteria for application selections, and the eligible uses of grant funds. 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.).

2. This act shall take effect immediately.

STATEMENT

This bill establishes the Education Rescue Grant Program to support the qualified personnel costs of school districts impacted by the outbreak of the COVID-19 pandemic.

Under the bill, if a school district terminates, or is expected to terminate, the employment of one or more teaching staff members as a result of the financial impact of the COVID-19 pandemic, the school district may apply to the Commissioner of Education for an Education Rescue Grant to support the costs of rehiring or retaining the teaching staff member, or if such person is unable to be rehired, the costs of hiring a similarly qualified teaching staff member. The bill requires each grant to be dedicated to the salaries, not including fringe benefits or other non-monetary compensation, paid by the recipient school district to the teaching staff members.

In addition to any other information required by the commissioner, the bill requires a school district’s grant application to include:

(1) the number of teaching staff members that would be hired, rehired, or retained through the grant;

(2) the position of each teaching staff member who would be hired, rehired, or retained through the grant;

(4) a detailed description of the fiscal condition of the school district, including an explanation of how the financial impacts of the COVID-19 pandemic would otherwise necessitate the termination of each teaching staff member.

The bill provides that each grant would be awarded in an amount determined by the commissioner, except that the amount may not exceed the total salaries, not including fringe benefits and other non-monetary compensation, paid to the persons employed in each position set forth in the grant application during the most recent 12 months of employment with the school district. However, if the commissioner determines that the fiscal condition of an applicant school district does not necessitate the termination of one or more teaching staff members, the commissioner would be required to reject the grant application or reduce the amount awarded to the school district.

When awarding grants, the bill also permits the commissioner to give preference to applicants that experienced the largest fiscal distress as a result of the COVID-19 pandemic, or applicants that dedicate funding to support the employment of teaching staff members in specific types of positions.

Additionally, if the commissioner determines that a recipient school district has used a grant for an unauthorized purpose, or the school district has terminated the employment of a teaching staff member, whose position was funded through the grant, within 12 months of receiving the grant, the bill requires the school district to repay the amount of the grant to the Department of Education according to a repayment schedule established by the commissioner.