S3725

An Act establishing a “Summer Earn and Learn Pilot Program” in the Department of Education and supplementing chapter 6 of Title 18A of the New Jersey Statutes.

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 transition to virtual instruction as a result of the coronavirus disease 2019 (COVID-19) pandemic have impacted students and families across the State both inside the classroom and within the home;

b. Students have had to adapt to new learning challenges, while also lending additional support to their families in various ways, including providing support to younger siblings and taking on additional employment responsibilities;

c. As a result of these added responsibilities, students are often faced with having to decide between attending school and obtaining employment to supplement wages to help support their families;

d. The lack of access to in-person instruction and the added responsibilities shouldered by students over the course of the COVID-19 pandemic have resulted in student learning loss across subject matter and grade level;

e. While the summer vacation period typically offers students the opportunity to obtain employment both for financial compensation and exposure to different jobs and industries, providing students with access to supplemental learning assistance over summer vacation will allow students and school districts, charter schools, and renaissance schools to address COVID-19-related learning loss; and

f. The “Summer Earn and Learn Pilot Program” will provide students with access to supplemental learning assistance and help students obtain career-building employment opportunities so that students need not choose between financial security and attending school.

2. As used in this act:

“Career-building employment opportunity” means employment with a private or governmental agency or entity, taking place over summer vacation during the time-periods in which a student is not engaged in supplemental learning assistance under the “Summer Earn and Learn Pilot Program” established pursuant to section 3 of this act.

“Good academic standing” means a grade point average of a 3.0 or higher on a scale of 4.0, or its equivalent.

“Pilot program” means the “Summer Earn and Learn Pilot Program” established pursuant to section 3 of this act.

“Supplemental learning assistance” means a course of instruction, taking place for at least three hours, five days a week over the summer vacation, both virtually or in-person, designed to help address COVID-19-related learning loss.

3. a. There is established in the Department of Education a three-year “Summer Earn and Learn Pilot Program.” The purpose of the pilot program shall be to ensure that school districts, charter schools, and renaissance schools have the ability to provide students access to supplemental learning assistance and paid career-building employment opportunities.

b. The Department of Education, in consultation with the Department of Labor and Workforce Development, shall develop guidelines governing the implementation of the pilot program and shall distribute the guidelines to each school district, charter school, and renaissance school in the State. The guidelines shall include information concerning:

(1) the student application procedure for admittance into the pilot program that includes the eligibility criteria required pursuant to section 5 of this act;

(2) the subject matter to be included as part of the supplemental learning assistance;

(3) the type of work that may be performed as part of a career-building employment opportunity, which shall include, but need not be limited to, providing tutoring services to students throughout the State. A student that seeks to obtain a career-building employment opportunity that involves providing tutoring services to students throughout the State shall be in good academic standing while enrolled in the pilot program;

(4) the agencies and entities with which a student may engage in career-building employment opportunities;

(5) performance standards related to the career-building employment opportunities, including the total number of hours of employment a student may perform as part of the pilot program;

(6) the total stipend amount to be provided to a student and the process by which the stipend shall be paid to a student over the course of the pilot program. Such stipend amount shall be based upon student age and shall be at a rate of not less than the State minimum wage rate as of January 1 of each year in which the pilot program is offered; and

(7) any other information the Commissioner of Education, in consultation with the Commissioner of Labor and Workforce Development, deems necessary.

c. (1) The Department of Education, in consultation with the Department of Labor and Workforce Development, shall establish partnerships with private and governmental agencies and entities in order to assist students in obtaining career-building employment opportunities under the pilot program.

(2) The Department of Education shall establish and maintain a list of the agencies and entities with which the department has partnered pursuant to the provisions of paragraph (1) of this subsection. The Departments of Education and Labor and Workforce Development shall make the list publicly available on the departments’ Internet websites.

(3) A student may seek a career-building employment opportunity with an agency or entity not contained on the list established pursuant to paragraph (2) of this subsection. A student seeking a career-building employment opportunity pursuant to the provisions of this paragraph shall obtain the approval of the principal or other chief administrative officer of the school in which the student is enrolled prior to beginning any work under the pilot program.

4. A school district, charter school, or renaissance school that wishes to participate in the pilot program shall submit documentation to the Department of Education alerting the department of the school district’s, charter school’s, or renaissance school’s intent to participate in the pilot program. The documentation shall include the following:

a. the number of students who applied to participate in the program;

b. the subject matter of the instruction to be provided to students as part of the supplemental learning assistance;

c. a list of agencies and entities with which participating students will engage in career-building employment opportunities; and

d. any other documentation the Commissioner of Education deems necessary.

5. To be eligible to participate in the pilot program, a student shall submit documentation verifying the student:

a. is a resident of New Jersey;

b. has reached the minimum age for employment in the State; and

c. is enrolled in a school district, charter school, or renaissance school in the State.

6. The stipend provided to students pursuant to the provisions of this act shall, to the extent permitted by federal law, be paid from the monies received by the State or a school district under the federal “Coronavirus, Aid, Relief, and Economic Security (CARES) Act,” Pub.L.116-136, the federal “Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act, 2021,” Pub.L.116-260, the federal “American Rescue Plan (ARP) Act,” Pub.L.117-2, or any other federal funding provided to address the impact of the COVID-19 pandemic as it becomes available.

7. Two years following the establishment of the pilot program, the Commissioner of Education shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall contain information on the implementation of the pilot program and the commissioner’s recommendation on the advisability of continuing or expanding the program.

8. a. A school district, charter school, or renaissance school that offers supplemental learning assistance to students during summer vacation pursuant to the provisions of this act, shall not be considered in-session for purposes of P.L.1940, c.153 (C.34:2-21.1 et. seq.).

b. Notwithstanding the provisions of section 8 of P.L.1940, c.153 (C.34:2-21.8), section 9 of P.L.1940, c.153 (C.34:2-21.9), section 10 of P.L.1940, c.153 (C.34:2-21.10), or any other law, rule, or regulation to the contrary, for purposes of participation in the pilot program established pursuant to section 3 of this act, the issuing officer of a school district may, for a student required to obtain an employment certificate, age certificate, or special permit pursuant to the provisions of P.L.1940, c.153 (C.34:2-21.1 et seq.) in order to obtain employment in the State, issue an employment certificate, age certificate, or special permit to a student or parent, as applicable, who submits all paperwork required pursuant to the provisions of P.L.1940, c.153 (C.34:2-21.1 et seq.) through the mail or electronically.

9. This act shall take effect immediately.

STATEMENT

This bill establishes the “Summer Earn and Learn Pilot Program” in the Department of Education. The purpose of the pilot program is to ensure that school districts, charter schools, and renaissance schools have the ability to provide students access to supplemental learning assistance and paid career-building employment opportunities.

Under the bill, the Department of Education (DOE), in consultation with the Department of Labor and Workforce Development (DOLWD) will develop, and distribute to each school district, charter school, and renaissance school in the State, program guidelines that include, but are not limited to: (1) a student application procedure; (2) the subject matter to be included as part of the supplemental learning assistance; (3) the type of work that may be performed as part of a career-building employment opportunity; (4) the agencies and entities with which a student may engage in career-building employment opportunities; (5) career-building employment opportunity related performance standards; and (6) total stipend amounts.

The bill requires the DOE, in consultation with the DOLWD, to establish partnerships with private and governmental agencies and entities in order to assist students in obtaining career-building employment opportunities. The DOE will establish and maintain a list of these partnerships, which list will be posted on the DOE’s and DOLWD’s Internet websites. A student can obtain a career-building employment opportunity with an agency or entity not contained on the list, but is required to obtain the approval of the principal or other chief administrative officer of the school in which the student is enrolled prior to beginning any work with such an agency or entity.

Under the bill, a school district, charter school, or renaissance school that wishes to participate in the pilot program must submit documentation to the DOE alerting the department of the school district’s, charter school’s, or renaissance school’s intent to participate in the pilot program. To be eligible to participate in the pilot program, a student must: (1) be a resident of New Jersey, (2) have reached the minimum age for employment under the laws of the State, and (3) be enrolled in a school district, charter school, or renaissance school in the State.

The bill requires, to the extent permitted by federal law, that the stipends provided pursuant to the provisions of the bill be paid from monies received by the State or a school district, under the federal “Coronavirus, Aid, Relief, and Economic Security (CARES) Act,” the federal “Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act, 2021,” the federal “American Rescue Plan (ARP) Act,” or any other federal funding provided to address the impact of the coronavirus pandemic as it becomes available.

Under the bill, two years following the implementation of the pilot program, the Commissioner of Education must submit a report to the Governor and to the Legislature on the implementation of the pilot program and include information on the commissioner’s recommendation as to the advisability of continuing or expanding the program.

The bill provides that a school district, charter school, or renaissance school that offers supplemental learning assistance to students during summer vacation pursuant to the provisions of the bill is not considered in-session for purposes of certain areas of current law governing child labor. The bill also provides that, for a student required to obtain an employment certificate, age certificate, or special permit in order to obtain employment in the State, the issuing officer of a school district may, for purposes of participation in the pilot program established under the bill, issue the employment certificate, age certificate, or special permit to a student or parent, as applicable, when the documentation needed for such a certificate or permit is submitted through the mail or electronically.