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New Jersey lawmakers are advancing a bill to roll back the state residency requirement for school district employees in 10 counties

(Star-Ledger file photo)

TRENTON — When Gov. Chris Christie signed a law three years ago that required new public employees to reside in the state, the logic was simple: If you are paid by New Jersey taxpayers, you should call New Jersey your home.

But there was a consequence Christie and the law’s sponsors didn’t see coming, according to lawmakers. It became a barrier for New Jersey school districts to attract young prospective teachers, administrators and even potential superintendents who live in nearby states.

Now, some of the Legislature’s most powerful members are working to roll back the residency requirement for school district employees in nearly half of New Jersey’s counties.

"Sometimes residency requirements sound good on paper, but if they have the potential to exclude a whole group of qualified people, especially in the teaching field, they can be short-sighted," said state Sen. Peter Barnes (D-Middlesex), a sponsor.

Barnes said Senate President Stephen Sweeney (D-Gloucester) asked him to sponsor the bill. Sweeney did not respond to a request for comment.

The bill is moving rapidly. It was introduced less than two weeks ago and already has a hearing scheduled for tomorrow in the Senate state government committee. In the Assembly, it is sponsored by Majority Leader Lou Greenwald (D-Camden).

Greenwald said he’s heard the law has been particularly troublesome in attracting teachers who live in Philadelphia to work in nearby Camden.

"It’s always been about putting the best quality teacher in front of kids. That’s where education begins," Greenwald said. "We’re trying to figure out a way, because we’ve heard from people who struggled with the residency requirement."

Under the New Jersey First Act, which took effect in September 2011, public employees from all levels of New Jersey government — state, county, municipal, schools and independent authorities — are required to move to New Jersey within one year of taking the job.

Employees who already lived out of state when the law took effect were exempted, and new hires could only get out of the requirement if a committee found they demonstrated a "critical need or hardship."

Under the bill (S2169), new employees of school districts in 10 counties near the New York or Pennsylvania border would not be bound by the residency requirement: Bergen, Essex, Hudson, Passaic, Sussex, Warren, Hunterdon, Mercer, Burlington and Camden.

The bill would establish a pilot program requiring school districts to report each year to the Department of Education on its impact. After three years, the Department of Education would recommend whether to keep or scrap the exemptions.

The bill would need Christie’s approval to become law, but he’s not saying how he feels about it. His spokesman, Kevin Roberts, said the governor would review the bill if it reaches his desk.

A Star-Ledger analysis of the decisions by the Employee Residency Review Committee — which was set up to decide whether employees should be exempt from the law — found that out of 184 "hardship" requests heard this year, 114 were from school district employees. The vast majority of those — 90 — were approved for a temporary or permanent exemption.

Of the remaining 70 requests for exemptions, 51 came from state workers, along with seven who worked for counties, seven for the judiciary, two from towns, two from universities and one from an independent authority. A total of 52 were granted.

Lawmakers said they have no way of knowing how many potential teachers or superintendents declined to take jobs in New Jersey because of the requirement.

"You don’t know who doesn’t apply for jobs. And we don’t really have any way of knowing who withdraws when they find out there’s a residency requirement," said Steve Baker, a spokesman for the New Jersey Education Association. "We do know that we’ve had a number of members who have applied for the exemption for hardships."

Mike Vrancik, director of governmental relations for the New Jersey School Boards Association, said he’s heard of problems attracting superintendents.

"If a person is potentially going to be hired by a district and they say I’ll apply for a waiver, it creates some reluctance on the part of the district (to hire them)," he said.

Both the School Boards Association and the New Jersey Education Association support the bill, though Baker said he’d like see the residency requirement repealed altogether.

Even the school reform group Better Education for Kids, a billionaire-funded nonprofit that typically butts heads with the NJEA, is pushing for it.

"It makes sense. How could you cross off all those potential people who could serve your kids?" said Shelley Skinner, an education activist who runs the philanthropic arm of Better Education for Kids.

Bill Dressel, executive director of the League of Municipalities, said mayors and elected officials from towns and cities may wonder why lawmakers would make the exception for teachers and not their employees. "... without a doubt there are going to be raised questions and concerns from municipal governments that if an exception is good in this particular case, why not us?" he said.

Barnes said he understands the concern, but noted that a bill that’s too far-reaching would not stand much of a chance of advancing.

"I will keep an open mind on everything else," he said. "But I don’t want to make it so broad that I’m not going to get the support I hope to get this thing done."

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