STATE OF NEW JERSEY
212th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Sponsored by:
Assemblyman DOUGLAS H. FISHER
District 3 (Salem, Cumberland and Gloucester)
Assemblyman CRAIG A. STANLEY
District 28 (Essex)
Assemblyman REED GUSCIORA
District 15 (Mercer)
Assemblyman JOSEPH VAS
District 19 (Middlesex)
Assemblyman WILLIAM D. PAYNE
District 29 (Essex and Union)
Co-Sponsored by:
Assemblymen Burzichelli, Green, Prieto, Assemblywoman Cruz-Perez, Assemblymen Roberts, Johnson, Hackett, Conners and Assemblywoman Voss
SYNOPSIS
Directs public school officials regarding the administration and implementation of the "No Child Left Behind Act of 2001."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the implementation of the "No Child Left Behind Act of 2001" 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. This act shall be known and may be cited as the "No School Left Behind Act."
2. As used in this act:
"Federal program" means the "No Child Left Behind Act of 2001," Pub.L.107-110, (20U.S.C. s.6301 et seq.);
"School officials" means the State Board of Education, the Commissioner of Education, a board of education, a school district superintendent, a charter school board of trustees, and a charter school administrator.
3. A school official may:
a. apply for, receive and administer funds made available through the federal program;
b. only expend federal funds for the purposes for which they are received and are accounted for by the State, school district or charter school; and
c. reduce or eliminate provisions of the federal program created with, or expanded by, federal funds to the extent allowed by law when federal funds for that provision are subsequently reduced or eliminated.
4. A school official shall:
a. prioritize resources, especially to resolve conflicts between provisions of the federal program or between the federal program and State programs, including:
(1) providing first priority to meeting State goals, objectives, program needs, and accountability systems as they relate to the federal program; and
(2) providing second priority to implementing federal goals, objectives, program needs, and accountability systems that do not directly and simultaneously advance State goals, objectives, program needs, and accountability systems;
b. interpret the provisions of the federal program in the best interest of the students of the State;
c. maximize local control and flexibility;
d. minimize additional State resources that are diverted to implement the federal program beyond the federal monies that are provided to fund the program;
e. request changes to the federal program, especially provisions of the program that are underfunded or conflict with State programs or other federal programs, including federal statutes, federal regulations and other federal policies and interpretations of program provisions; and
f. seek waivers from all possible federal statutes, requirements, regulations and program provisions from federal education officials to:
(1) maximize State flexibility in implementing the federal program provisions; and
(2) receive reasonable time to comply with the federal program provisions.
5. In accordance with the provisions of the "No Child Left Behind Act of 2001," Pub.L.107-110, (20U.S.C. s.6301 et seq.), including section 9527 of that act (20U.S.C. s.7907), school officials shall:
a. determine if the act requires the State to spend State or local resources in order to comply with the provisions of the act, or causes the State, a school district, or a school to change curriculum in order to comply;
b. request a waiver under section 9401 of the "No Child Left Behind Act of 2001" (20U.S.C. s.7861) of any provision of the act that violates section 9527 (20U.S.C. s.7907); and
c. request reasonable time to comply with the provisions of the "No Child Left Behind Act of 2001"; lobby the United States Congress for needed changes to the act; and lobby federal education officials for relief from the provisions of the act, including waivers from federal requirements, regulations and administrative burdens.
6. The requirements delegated to school officials under this act, including the responsibility to lobby federal officials, are not intended to require that school officials incur additional costs or require the hiring of lobbyists, but are intended to be performed in the course of the school officials' normal duties.
7. This act shall take effect immediately.
STATEMENT
This bill directs public school officials in regard to the administration and implementation of the "No Child Left Behind Act of 2001" (NCLB). The bill defines "school officials" to include the State Board of Education, the Commissioner of Education, a board of education, a school district superintendent, a charter school board of trustees, and a charter school administrator. The bill defines "federal program" as the NCLB.
The bill directs school officials to prioritize resources, especially to resolve conflicts between provisions of the federal program or between the federal program and State programs. School officials are to give first priority to meeting State goals, objectives, program needs, and accountability systems as they relate to the federal program, and to give second priority to implementing federal goals, objectives, program needs, and accountability systems that do not directly advance State goals, objectives, program needs, and accountability systems.
The bill also directs school officials to: interpret the provisions of the federal program in the best interest of the State's students; maximize local control and flexibility; minimize additional State resources that are diverted to implement the federal program beyond the federal monies that are provided to fund the program; request changes to the federal program, especially provisions of the federal program that are underfunded or conflict with State programs or other federal programs; and seek waivers from all possible federal statutes, requirements, regulations and program provisions from federal education officials to maximize State flexibility in implementing the federal program provisions, and to receive reasonable time to comply with the federal program provisions.
The bill directs school officials to: determine if the "No Child Left Behind Act of 2001" requires the State to spend State or local resources in order to comply with the provisions of the act, or causes the State, a school district, or a school to change curriculum in order to comply; request a waiver under section 9401 of the "No Child Left Behind Act of 2001" (20 U.S.C. s.7861) of any provision of the act that violates section 9527 (20 U.S.C. s.7907), which section provides that the federal act shall not be construed to mandate that a state or any of its subdivisions spend any funds or incur any costs not paid for under the act.
The bill also allows school officials to apply for, receive, and administer funds made available through the federal program, and to reduce or eliminate a program provision created with, or expanded by, federal funds to the extent allowed by law when federal funds for that provision are subsequently reduced or eliminated.