A3646

An Act concerning certain child care services on school district property and amending P.L.2019, c.426.

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

1. Section 1 of P.L.2019, c.426 (C.30:5B-34) is amended to read as follows:

1. a. The Commissioner of Children and Families, in consultation with the Commissioner of Education, shall establish a three-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 up to 10 school districts that shall each select up to two community providers to operate in a public school facility to provide child care services pursuant to subsection a. of this section. If the commissioner designates a school district in which a community provider is operating in a public school facility on the effective date of this act, then the school district shall select that community provider to provide child care services under the pilot program.

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.), and shall meet all of the licensing requirements applicable to child care centers that are not located in a public school facility, including all environmental licensing requirements established pursuant to the provisions of P.L.2007, c.1 (C.52:27D-130.4 et seq.) and regulations promulgated by the Department of Children and Families at N.J.A.C.3A:52-5.3(i).

(1) The Commissioner of Children and Families shall enforce the provisions of the “Child Care Center Licensing Act,” P.L.1983, c.492 (C.30:5B-1 et seq.), in regard to a community provider operating in a public school facility under the pilot program in the same manner and to the same extent as those provisions are enforced in regard to child care centers that are not located in a public school facility.

(2) A public school facility in which a community provider under the pilot program is providing child care services shall have a separate entrance and exit to the area of the facility in which the child care services are provided to prevent persons entering or exiting that area from any contact with school-age children who attend the public school facility. The public school facility shall also have an area in which the parent or guardian of a child enrolled in the child care services program may visit and interact with the child that is separate from the general area in which the child care services are provided.

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 amounts charged to other licensed child care centers located within the [county in which the school district is located] municipality or municipalities in which the school district is situate.

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] municipality or municipalities in which the school district is situate.

g. A local board of education participating in the pilot program shall adhere to the compliance and reporting standards prescribed by the State Board of Education pursuant to N.J.S. 18A:4-14.

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, in consultation with the Commissioner of Education, 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] municipality or municipalities in which the school district is situate; 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.

The report shall also include an evaluation of the costs of a community provider providing child care services under the pilot program compared to the costs of providing child care services at a child care center located in the municipality or municipalities in which the school district is situate. The commissioner shall evaluate the following:

(1) Total payroll costs including, but not limited to, FICA, Federal Unemployment Tax, and State unemployment insurance;

(2) Employee-related costs including, but not limited to, health insurance, retirement fund contributions, workmen’s compensation, and staff training;

(3) Building costs including, but not limited to, custodial services, building repairs and maintenance, utilities, and landscaping. Building costs shall be pro-rated based on the square footage of the portion of the school building used by a community provider to provide child care services and the total square footage of the school building;

(4) General business expenses including, but not limited to, advertising, toys, and classroom supplies;

(5) Insurance including, but not limited to, property, flood, accident, liability, and fire;

(6) Office supplies including, but not limited to, postage, printing, computers, computer repair and maintenance, and telephone; and

(7) Such other costs the commissioner deems appropriate.

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.

(cf: P.L.2019, c.426)

2. This act shall take effect immediately.

STATEMENT

This bill amends the provisions of P.L.2019, c.426, which was approved on January 21, 2020. Under that law, the Commissioner of Children and Families, in consultation with the Commissioner of Education, is to establish a three-year pilot program to study the impact and effect of community providers operating in public school facilities for the purposes of providing child care services for children younger than school age. A community provider includes a for-profit child care center, a nonprofit child care center, or a local government unit. While that law requires a community provider operating in a public school facility to be licensed under the “Child Care Center Licensing Act,” P.L.1983, c.492 (C.30:5B-1 et seq.), this bill clarifies the following issues in regard to licensure:

1) The community provider operating in a public school facility under the pilot program must meet all of the licensing requirements applicable to child care centers that are not located in a public school facility, including all environmental licensing requirements established pursuant to P.L.2007 c.1 (C.52:27D-130.4 et seq.) and regulations promulgated by the Department of Children and Families at N.J.A.C.3A:52-5.3(i); and

(2) The Commissioner of Children and Families must enforce the provisions of the “Child Care Center Licensing Act” in regard to a community provider operating in a public school facility under the program in the same manner and to the same extent as those provisions are enforced in regard to child care centers that are not located in a public school facility.

The bill also provides that a public school facility in which a community provider is providing child care services under the pilot program must have a separate entrance and exit to the area of the facility in which the child care services are provided to prevent persons entering or exiting that area from any contact with school-age children who attend the public school facility. The public school facility must also have an area in which the parent or guardian of a child enrolled in the child care services program may visit and interact with the child that is separate from the general area in which the child care services are provided.

Under the law as enacted, the tuition charged for child care services under the pilot program is required to be within the range of tuition amounts charged for such services by licensed child care centers located within the same county in which the school district is located. This bill provides that the tuition charged must be within the range of tuition charged by licensed child care centers located in the same municipality or municipalities in which the school district is situate.

The bill also specifies certain costs that the commissioner must evaluate when he is comparing the cost of a community provider providing child care services in a school district under the pilot program compared to the cost of providing child care services at child care centers located in the same municipality or municipalities in which the school district is situate. These costs would include but not be limited to, total payroll costs, employee-related costs such as health insurance and retirement contributions, building costs such as repair and maintenance, general business expenses, insurance, and office supplies.