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Bill

Bill

A 4909

Permits school districts to define excused absences, and provide home-instruction, for certain students whose parents are detained.

2026-2027 Regular Session

Allows districts to define excused absences for ICE detention or caregiver changes and offer home or out-of-school instruction with state guidelines.

Introduced, Referred to Assembly Education Committee
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WeVote Research Nonpartisan
Bill Summary · A 4909

Overview

A 4909 (Session 222, New Jersey) would authorize New Jersey school districts to define certain absences as excused and to provide home or out-of-school instruction for students affected by the detention of a parent or guardian by U.S. Immigration and Customs Enforcement (ICE), or by a sudden change in the student’s designated caregiver resulting from such detention. The bill directs the state to publish guidelines and allows the State Board of Education to adopt implementing rules. It takes effect the first day of the first full school year after enactment, with early action permitted.

Purpose and Intent

  • Clarify and expand when an absence may be considered excused in district attendance policies.
  • Provide districts the option to offer home or out-of-school instruction to students whose education is disrupted by ICE detention of a parent/guardian or a related caregiver change.
  • Align attendance and instructional options with the needs of students facing sudden family custody or caregiving disruptions due to ICE actions.

Key Provisions

  1. Excused Absences

    • School districts may define an excused absence to include:
      • (1) The sudden detention of the student’s parent or guardian by ICE.
      • (2) A change in the designated caregiver of a student due to the sudden detention of the student’s parent or guardian by ICE.
    • The Commissioner of Education must develop guidelines outlining what documentation may be required upon the student’s return for the absence to be considered excused.

  2. Home or Out-of-School Instruction

    • Districts may adopt a policy to provide home or out-of-school instruction to a student who cannot participate in the usual education setting because of:
      • (1) The sudden detention of the student’s parent or guardian by ICE.
      • (2) A change in the designated caregiver due to the detention.
    • The Commissioner must develop guidelines for:
      • Procedures to request home/out-of-school instruction.
      • Required supporting documentation in the request.
      • Standards for providing home/out-of-school instruction.

  3. Administrative Implementation

    • The State Board of Education will adopt rules and regulations as necessary under the Administrative Procedure Act to implement the act.

  4. Effective Date

    • The act takes effect on the first day of the first full school year after enactment.
    • The Commissioner and State Board may take anticipatory administrative actions to implement provisions ahead of that date.

Who Is Affected

  • Public school students whose families are impacted by ICE detention of a parent/guardian.
  • District attendance administrators and educators implementing attendance policies.
  • Students requiring, or potentially benefiting from, home or out-of-school instruction due to caregiver changes stemming from detention.
  • State education authorities (Commissioner of Education and State Board of Education) responsible for issuing guidelines and implementing regulations.

Procedural and Timeline Aspects

  • Guideline Development: The Commissioner of Education must issue guidelines for excused absences and for home/out-of-school instruction.
  • Regulatory Action: The State Board of Education will adopt rules as necessary to implement the act.
  • Effective Date: Implemented the first day of the first full school year after enactment; anticipatory actions are allowed to facilitate earlier implementation.

Notes

  • The bill explicitly shifts some discretion to local districts to define excused absences in light of ICE-related disruptions, paired with state-provided guidelines.
  • It expands the scope of home/instruction provisions beyond current Board regulations, but relies on future guidance and regulations to standardize procedures and documentation.

Compiled from official sources — confirm details with the bill’s official record.

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