A6149

An Act establishing a countywide nonpublic school nursing services pilot program and supplementing chapter 40 of Title 18A of the New Jersey Statutes.

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

1. a. As used in this section:

“County consortium” means a group of nonpublic schools in an eligible county which enroll pupils for whom nonpublic schools are required to nursing services pursuant to N.J.S.18A:40-23 and which enter into an agreement to form a county consortium for the purpose of participating in the pilot program established pursuant to this section.

"Eligible county" means a county of the first class with a population greater than 950,000 according to the latest federal decennial census.

b. The Commissioner of Education shall establish, supervise, and fund a three-year nonpublic school nursing services pilot program in the eligible county through the county consortium. Notwithstanding any section of law to the contrary, under the pilot program, the Department of Education shall disburse directly to the county consortium an amount equal to the nonpublic nursing services aid that would otherwise be paid to a school district pursuant to section 9 of P.L.1991, c.226 (C.18A:40-31) for nursing services provided to students enrolled at a nonpublic school that is part of the county consortium.

c. The commissioner shall notify nonpublic schools in the eligible county of the pilot program. The notice shall inform the nonpublic schools of:

(1) the county consortium’s responsibility under the pilot program to provide all of the nursing services to the pupils attending a nonpublic school which is part of the county consortium; and

(2) the requirement that the nonpublic school may not provide courtesy nursing services to a pupil attending a nonpublic school which is part of the county consortium.

d. A nonpublic school shall notify the commissioner, the governing body of the county consortium, and any school districts in which the nonpublic school is located, of the nonpublic school’s intention to participate in the consortium no later than June 1 of the preceding school year.

e. In order to participate in the pilot program, the eligible county shall provide to the commissioner the necessary assurances that the consortium is capable of complying with the consortium's nursing responsibilities under the pilot program.

f. The commissioner shall annually enter into a contract with an independent entity to audit the implementation of the pilot program. The audit for the prior school year shall be submitted to the commissioner no later than October 1 of each year and the commissioner shall transmit a copy of the audit to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

g. The commissioner shall establish an oversight committee to oversee the operations of the county consortium in implementing the pilot program. The oversight committee shall consist of five members: three members appointed upon the recommendation of the Governor; one member appointed upon the recommendation of the President of the Senate; and one member appointed upon the recommendation of the Speaker of the General Assembly.

h. Two years following the establishment of the pilot program, the commissioner 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 shall include the commissioner's recommendation on the advisability of continuing the program and expanding the program Statewide.

i. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act.

2. This act shall take effect immediately.

STATEMENT

This bill requires the Commissioner of Education to establish, supervise, and fund a three-year nonpublic school nursing services pilot program in the eligible county through the county consortium. The bill requires the Department of Education to disburse directly to the county consortium an amount equal to the nonpublic nursing services aid that would otherwise be paid to a school district for nursing services provided to students enrolled at a nonpublic school that is part of the county consortium.

The bill requires the commissioner to notify nonpublic schools in the eligible county of the pilot program. The notice is to inform the nonpublic schools of:

(1) the county consortium’s responsibility under the pilot program to provide all of the nursing services to the pupils attending a nonpublic school which is part of the county consortium; and

(2) the requirement that the nonpublic school may not provide courtesy nursing services to a pupil attending a nonpublic school which is part of the county consortium.

The bill provides that a nonpublic school is to notify the commissioner, the governing body of the county consortium, and any school districts in which the nonpublic school is located, of the nonpublic school’s intention to participate in the consortium no later than June 1 of the preceding school year.

Under the bill, in order to participate in the pilot program, the eligible county is required to provide to the commissioner the necessary assurances that the consortium is capable of complying with the consortium's nursing responsibilities under the pilot program.

The bill requires the commissioner to annually enter into a contract with an independent entity to audit the implementation of the pilot program. The audit for the prior school year is to be submitted to the commissioner no later than October 1 of each year and the commissioner is to transmit a copy of the audit to the Governor and to the Legislature.

The bill also requires the commissioner to establish an oversight committee to oversee the operations of the county consortium in implementing the pilot program. The oversight committee is to consist of five members: three members appointed upon the recommendation of the Governor; one member appointed upon the recommendation of the President of the Senate; and one member appointed upon the recommendation of the Speaker of the General Assembly.

The bill provides that two years following the establishment of the pilot program, the commissioner is required to submit a report to the Governor, and to the Legislature. The report is to contain information on the implementation of the pilot program and is to include the commissioner's recommendation on the advisability of continuing the program and expanding the program Statewide.