A5365

An Act concerning grade retention during the 2021-2022 school year.

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

1. The Legislature finds and declares that:

a. School closures and the widespread use of virtual or remote instruction caused by the COVID-19 pandemic have presented an extraordinary challenge to students, the parents and guardians of students, and the education community at-large.

b. Although the increased use of virtual or remote instruction has been necessary in order to limit the transmission of COVID-19, research has shown that the use of such instruction may lead to a gap in learning gains that students may have otherwise experienced had they been learning through in-person instruction.

c. In addition to the concerns surrounding gaps in learning, the widespread use of virtual or remote instruction may also impact students’ social and emotional well-beings in ways that are difficult for school district staff to detect and address through virtual or remote means.

d. As students continue to learn in virtual or remote environments, parents are placed in a unique position to observe the effects that the COVID-19 pandemic is having on their children’s educational progress.

e. In many instances, the parents of students learning virtually or remotely are witnessing first-hand the impacts of the current shift away from in-person instruction as they assist their children in adapting to the complexities of learning during the COVID-19 pandemic.

f. Given the new role that parents have taken on in their children’s education during this unprecedented time, it is fitting that parents have an increased say in certain educational decisions, including decisions concerning grade retention.

2. a. (1) Notwithstanding section 1 of P.L.1985, c.408 (C.18A:35-4.9) or any other law or regulation to the contrary, for the 2021-2022 school year, a school district shall permit a student enrolled in any of the grades kindergarten through eight during the 2020-2021 school year to repeat the same grade level in which the student was enrolled during the 2020-2021 school year, provided that the parent, guardian, or other person having legal custody of the student submits a written request of grade retention to the superintendent of the school district, in accordance with subsection b. of this section, by June 30, 2021. A superintendent who receives a written request of grade retention pursuant to this act by June 30, 2021 shall grant the request.

(2) A superintendent may accept a written request of grade retention submitted in accordance with subsection b. of this section after June 30, 2021 at the superintendent’s discretion. A superintendent who chooses to accept a written request of grade retention pursuant to this act after June 30, 2021 shall grant the request.

b. (1) The parent, guardian, or other person having legal custody of a student shall consult with the school principal or another school leader and the student’s teachers prior to submitting a request for grade retention pursuant to the provisions of this act.

(2) Following consultation with the school principal or another school leader and the student’s teachers pursuant to paragraph (1) of this subsection, the parent, guardian, or other person having legal custody of the student may submit a written request of grade retention to the superintendent of the school district of residence.

(3) When the parent, guardian, or other person having legal custody of a student submits a written request of grade retention to the superintendent of the school district of residence, and the student will attend a school outside of the school district of residence during the 2021-2022 school year, the superintendent of the school district of residence shall transmit the written request, as soon as practicable, to the superintendent or other chief administrative officer of the school of attendance.

c. Nothing in this section shall be construed to limit, supersede, or preempt the rights, privileges, remedies, or procedures afforded to students with disabilities under federal or State law or regulation and any provision of an individualized education program or a plan developed pursuant to section 504 of the federal “Rehabilitation Act of 1973,” 29 U.S.C. s.794.

d. A school district shall report the number of students enrolled in the schools of the district that repeat a grade level pursuant to the provisions of this act to the Department of Education by June 30, 2022.

e. As used in this section, “school of attendance” means a public school.

3. This act shall take effect immediately.

STATEMENT

This bill provides that for the 2021-2022 school year, a school district will permit a student enrolled in any of the grades kindergarten through eight during the 2020-2021 school year to repeat the grade level in which the student was enrolled during the 2020-2021 school year, provided that the parent, guardian, or other person having legal custody of the student submits a written request of grade retention to the superintendent of the school district on or before June 30, 2021. A superintendent who receives a written request of grade retention by June 30, 2021 is required to grant the request. Under the bill, a superintendent would have the discretion to accept a written request of grade retention submitted by the parent, guardian, or other person having legal custody of a student after June 30, 2021. A superintendent who chooses to accept written requests of grade retention after June 30, 2021 is required to grant the requests under the bill.

Under the bill, the parent, guardian, or other person having legal custody of the student is required to consult with the school principal or another school leader and the student’s teachers. Following consultation, the parent, guardian, or other person having legal custody of the student will submit a written request for grade retention to the superintendent of the student’s school district of residence. When the parent, guardian, or other person having legal custody of a student submits the written request to the superintendent of the school district of residence and the student will attend a school outside of the school district of residence during the 2021-2022 school year, the bill requires the superintendent to transmit the written request, as soon as practicable, to the superintendent or other chief administrative officer of the student’s school of attendance.

Under the bill, a school district is required to report the number of students who repeat a grade level pursuant to the provisions of the bill to the Department of Education by June 30, 2022.