ASSEMBLY, No. 5066
STATE OF NEW JERSEY
218th LEGISLATURE
INTRODUCED FEBRUARY 14, 2019
Sponsored by:
Assemblywoman PATRICIA EGAN JONES
District 5 (Camden and Gloucester)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblymen Johnson, Howarth, Assemblywomen McKnight, Reynolds-Jackson, Assemblymen Holley, DePhillips and Zwicker
SYNOPSIS
Establishes pilot program in DCF to study impact of child care services provided by community providers operating in public school facilities; requires community providers to meet certain criteria.
CURRENT VERSION OF TEXT
As reported by the Assembly Women and Children Committee on May 16, 2019, with amendments.
An Act concerning child care services on school district property and 1[amending N.J.S.18A:20-34] supplementing P.L.1983, c.492 (C.30:5B-1 et seq.)1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. N.J.S.18A:20-34 is amended to read as follows:
18A:20-34. The board of education of any district may, pursuant to rules adopted by it, permit the use of any schoolhouse and rooms therein, and the grounds and other property of the district, when not in use for school purposes, for any of the following purposes:
a. The assembly of persons for the purpose of giving and receiving instruction in any branch of education, learning, or the arts, including the science of agriculture, horticulture, and floriculture;
b. Public library purposes or stations of public libraries;
c. The holding of such social, civic, and recreational meetings and entertainments and such other purposes as may be approved by the board;
d. Such meetings, entertainments, and occasions where admission fees are charged as may be approved by the board;
e. Polling places, holding elections, registration of voters, and holding political meetings;
f. Child care services provided by the board of education, or a board approved sponsor, or a child care program licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), before or after regular school hours, for any school aged child who attends school within the school district ;
g. (1) Child care services provided by the board of education, a board approved sponsor, or a child care program licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.) for children younger than school age and which are provided for less than 24 hours a day. Preference for the child care services for children younger than school age shall be given to children who reside within the school district and to children of persons employed by the school district whether the employee resides within the school district or outside the school district, and if available space permits the school district may provide the child care services to any child who resides outside the school district.
(2) Child care services provided pursuant to paragraph (1) of this subsection shall meet the standards established in the Manual of Requirements for Child Care Centers promulgated pursuant to regulations of the Department of Children and Families. Any revenue raised by a board of education through the provision of child care services pursuant to that paragraph, that exceeds the amount required to provide those child care services, shall be used by the board to support the general fund budget of the school district.
(cf: P.L.1999, c.83, s.1)]1
11. a. The Commissioner of Children and Families, in consultation with the Commissioner of Education, shall establish a five-year School District Child Care Services Pilot Program to study the impact and effect of community providers operating in public school facilities for the purpose of providing child care services for children younger than school age for less than 24 hours a day.
b. Notwithstanding the provisions of N.J.S.18A:20-34 or any other section of law to the contrary, under the pilot program the commissioner shall designate 15 community providers to operate in a public school facility to provide child care services pursuant to subsection a. of this section. The 15 designees shall include all community providers operating in a public school facility on the effective date of this act.
c. A community provider operating in a public school facility under the pilot program shall be licensed under the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.).
d. Under the pilot program, preference for the child care services shall be given to children who reside within the school district and to children of persons employed by the school district whether the employee resides within the school district or outside the school district, and if available space permits the child care services may be provided to any child who resides outside the school district.
e. A public school facility shall charge rent to a community provider operating in the public school facility under the pilot program established pursuant to subsection a. of this section. The rent amount charged shall be within the range of rent amount charged to other licensed child care centers located within the county in which the school district is located.
f. The tuition amount charged for the child care services shall be within the range of tuition amounts charged for such services by licensed child care centers located within the county in which the school district is located.
g. Any revenue raised by a board of education through the provision of child care services pursuant to this section, that exceeds the amount required to provide those child care services, shall be used by the school district to support its general fund budget.
h. A school nurse providing nursing services to the elementary, middle, or high school students in the school district in which child care services are provided pursuant to the pilot program, shall not be responsible for the provision of nursing services to children receiving child care services under the pilot program, prior to, during, or after school hours.
In the event of an emergency, a school nurse shall not be held liable for any good faith act or omission while providing nursing services to children receiving child care services from a community provider participating in the pilot program or to the employees of the community provider. Good faith shall not include willful misconduct, gross negligence, or recklessness.
i. Six months prior to the conclusion of the pilot program, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature. The report shall contain information on: any cost savings realized by the parents or guardians of children receiving child care services from a community provider participating in the pilot program as compared to the costs of attendance at child care centers in the same geographic area; the revenue generated for school districts whose facilities are utilized by a community provider participating in the pilot program; and other factors deemed appropriate by the commissioner for evaluating the impact and effect of community providers operating in public school facilities.
j. As used in this section, "community provider" means a for-profit child care center, a nonprofit child care center, or a local government unit.1
2. This act shall take effect immediately 1and shall expire six months after the submission of the report required pursuant to subsection i. of section 1 of this act1.