N.J. Stat. tit. 18A, ch. 35

N.J. Stat. tit. 18A, ch. 35
in effect

N.J. Stat. § 18A:35-1 2-year course of study in history

The superintendent of schools in each school district shall prepare and recommend to the board of education of the district, and the board of education shall adopt a suitable two-year course of study in the history of the United States, including the history of New Jersey, to be given to each student during the last four years of high school. Said course of study shall include materials recommended by the commissioner dealing with the history of the Negro in America. L.1967, c.271; amended by L. 1973, c. 20; 1987, c. 52, s. 1.

N.J. Stat. § 18A:35-2 Contents of course of study

Such course of study shall include instruction in (1) The principles and ideals of the American form of representative government as expressed in the Declaration of Independence and the Constitution of the United States and particularly in the Bill of Rights; and (2) The history of the origin and growth of the social, economic and cultural development of the United States, of American family life and of the high standard of living and other privileges enjoyed by the citizens of the United States; and (3) Such other events in the history of the United States as will tend to instill, into every girl and boy, a determination to preserve these principles and ideals as those of citizens of the United States and an appreciation of their solemn duty and obligation to exercise the privilege of the ballot, upon their reaching voting age, to the end that said principles and ideals may be so preserved; and (4) The history of the State of New Jersey. L.1967, c.271; amended by L. 1987, c. 52, s. 2.

N.J. Stat. § 18A:35-2.1 Civics curriculum guidelines.

1. The New Jersey Center for Civic Education at Rutgers, The State University shall prepare curriculum guidelines and provide professional development for high school social studies teachers to help local school boards in fulfilling the requirements of integrating civics, economics, and the history of New Jersey as part of the required United States history course established pursuant to N.J.S.18A:35-1 and N.J.S.18A:35-2. L.1987, c.425, s.1; amended 2021, c.185, s.2.

N.J. Stat. § 18A:35-3 Course in civics, geography and history of New Jersey

Each board of education shall adopt a course of study in community civics, the geography, history and civics of New Jersey, and the privileges and responsibilities of citizenship as they relate to community and national welfare, which course shall be taken by all pupils in the public elementary schools in the grade or grades in which it is given, with the object of producing the highest type of patriotic citizenship. L.1967, c.271.

N.J. Stat. § 18A:35-4.1 Course of study in principles of humanity

Each board of education may teach, by special courses or by emphasis in appropriate places of the curriculum, in a manner adapted to the ages and capabilities of the pupils in the several grades and departments, the principles of humanity as the same apply to kindness and avoidance of cruelty to animals and birds, both wild and domesticated. L.1967, c.271.

N.J. Stat. § 18A:35-4.2 Career development program

That the Commissioner of Education and the State Board of Education shall have the authority and responsibility under this act to establish and operate a Career Development Program comprised of pilot vocational education projects. L.1970, c. 230, s. 1, eff. Oct. 19, 1970.

N.J. Stat. § 18A:35-4.3 Sexual assault prevention education program

The Department of Education in consultation with the advisory committee provided for in section 2 of this act, shall develop and establish guidelines for the teaching of sexual assault prevention techniques for utilization by local school districts in the establishment of a sexual assault prevention education program. Such program shall be adapted to the age and understanding of the pupils and shall be emphasized in appropriate places of the curriculum sufficiently for a full and adequate treatment of the subject. L.1979, c. 42, s. 1, eff. July 1, 1979.

N.J. Stat. § 18A:35-4.4 Advisory Council.

2. The Commissioner of Education, in consultation with the Department of Children and Families, Division on Women, shall appoint an advisory council to assist and advise the State Board of Education in the development and implementation of educational programs for the prevention of sexual assault. The advisory council shall consist of 15 members chosen from among the legal, law enforcement, medical, and educational communities, and shall also include representatives of community-based groups providing services and assistance to victims of sexual assault. Each shall be appointed for a 2-year term and shall serve without compensation. L.1979, c.42, s.2; amended 2012, c.16, s.41.

N.J. Stat. § 18A:35-4.5 Establishment of program; voluntary participation

One year after the effective date of this act each board of education may establish a sexual assault prevention education program in accordance with the guidelines developed by the department; provided, however, that no child shall be compelled to participate in said program upon written objection on religious or moral grounds by the parent or guardian of said child. L.1979, c. 42, s. 3, eff. July 1, 1979.

N.J. Stat. § 18A:35-4.5a Sexual abuse and assault awareness and prevention education.

1. Each school district shall incorporate age-appropriate sexual abuse and assault awareness and prevention education in grades preschool through 12 as part of the district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The Commissioner of Education, in consultation with the Department of Children and Families, the New Jersey Coalition Against Sexual Assault, Prevent Child Abuse New Jersey, the New Jersey Children's Alliance, and other entities with relevant expertise, shall provide school districts with age-appropriate sample learning activities and resources. L.2019, c.185, s.1.

N.J. Stat. § 18A:35-4.6 Title of act

This act shall be known as the "Parents Rights to Conscience Act of 1979." L.1979, c. 428, s. 1, eff. Feb. 11, 1980.

N.J. Stat. § 18A:35-4.7 Parent's statement of conflict with conscience

Any child whose parent or guardian presents to the school principal a signed statement that any part of the instructions in health, family life education or sex education is in conflict with his conscience, or sincerely held moral or religious beliefs shall be excused from that portion of the course where such instruction is being given and no penalties as to credit or graduation shall result therefrom. L.1979, c. 428, s. 2, eff. Feb. 11, 1980.

N.J. Stat. § 18A:35-4.8 Medical treatment or examination; objection of parent or guardian.

3. No pupil whose parent or guardian objects to such pupil receiving medical treatment or medical examination or physical examination shall be compelled to receive such treatment or examination; provided, however, that no objection shall be made to a physical or medical examination of any child with a disability for the purpose of determining whether such child shall be admitted to any class or school for children with disabilities or of any pupil to determine whether the pupil is ill or infected with a communicable disease or of any person who appears to be under the influence of a drug. L.1979, c.428, s.3; amended 2017, c.131, s.23.

N.J. Stat. § 18A:35-4.9 Pupil promotion, remediation policies, procedures

Local boards of education shall adopt policies and procedures for: a. Pupil promotion and remediation, related to district goals, objectives and pupil proficiency; b. Notification to parents of policies and procedures for student promotion and remediation and to pupils, where appropriate; c. Notification to parents and pupils, at appropriate times during the school year, of the pupil's progress in meeting the promotion and remediation standards and immediate consultation with the pupil's parent or guardian if, in the teacher's judgment, there is any indication that the pupil's progress may not be sufficient to meet these standards; d. Procedures for parents and adult pupils to appeal promotion/retention decisions; and e. Procedures to ensure that parents, teachers and students, where appropriate, participate in the development of the policy. L. 1985, c. 480, s. 1, eff. Jan. 17, 1986.

N.J. Stat. § 18A:35-4.10 Rules, regulations

The State Board of Education shall adopt pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) such rules and regulations as are deemed appropriate to carry out the provisions of this act. L. 1985, c. 480, s. 2, eff. Jan. 17, 1986.

N.J. Stat. § 18A:35-4.11 Findings, declarations

The Legislature finds and declares that agriculture is an applied science and that certified agriculture teachers have strong scientific educational backgrounds which qualify them to teach agricultural science courses. The Legislature further finds that recent changes in the State high school graduation requirements have increased the number of science credits needed for graduation thereby reducing student opportunities to participate in agricultural education courses such as plant science, animal science, agricultural biology, and agricultural science. L.1991,c.114,s.1.

N.J. Stat. § 18A:35-4.12 Curriculum guidelines for agricultural science education programs

The Department of Education, in consultation with teachers who hold an instructional certificate with an agriculture endorsement, shall develop curriculum guidelines for agricultural science education programs appropriate for use in grades 9 through 12 of the public schools. The department shall make these curriculum guidelines available to all school districts in the State. L.1991,c.114,s.2.

N.J. Stat. § 18A:35-4.13 Evaluation of agricultural science courses, programs

The Department of Education shall establish a standardized process for the evaluation of agricultural science courses and programs offered by local school districts for the purpose of identifying the science skills that are taught in the course or program. Any student who satisfactorily completes an agricultural science course or program which is determined to contain appropriate science skills shall receive credit toward meeting high school graduation requirements for science established by statute or regulation. L.1991,c.114,s.3.

N.J. Stat. § 18A:35-4.14 Agricultural science proficiencies included in science core courses

In the event that the State Board of Education develops Statewide core course proficiencies in science, the State board shall include the agricultural science proficiencies contained in the curriculum guidelines established pursuant to section 2 of this act in those proficiencies. L.1991,c.114,s.4.

N.J. Stat. § 18A:35-4.15 Findings, declarations

1. The Legislature finds and declares that: a. chess increases strategic thinking skills, stimulates intellectual creativity, and improves problem-solving ability while raising self esteem; b. when youngsters play chess they must call upon higher-order thinking skills, analyze actions and consequences, and visualize future possibilities; c. in countries where chess is offered widely in schools, students exhibit excellence in the ability to recognize complex patterns and consequently excel in math and science; and d. instruction in chess during the second grade will enable pupils to learn skills which will serve them throughout their lives. L.1992,c.201,s.1.

N.J. Stat. § 18A:35-4.16 Instruction in chess; guidelines

2. Each board of education may offer instruction in chess during the second grade for pupils in gifted and talented and special education programs. The Department of Education may establish guidelines to be used by boards of education which offer chess instruction in those programs. L.1992,c.201,s.2.

N.J. Stat. § 18A:35-4.17 Notification to students of risks of using computer services for illegal purposes; guidelines.

4. Every district or regional board of education shall, as part of any computer education instruction it provides, notify students on the potential risks and dangers posed to children by persons who use interactive computer services for illegal purposes. The notification shall be adapted to the age and understanding of elementary and secondary school pupils. The notification shall include information concerning the safe computing guidelines made available on the internet by the department pursuant to section 3 of P.L.1998, c.134 (C.52:17B-193). The Department of Education shall recommend guidelines and curriculum materials for utilization by local school districts on the ethical use of computers and the potential risks and dangers posed to juveniles by persons who use interactive computer services for unlawful purposes. L.1998,c.134,s.4.

N.J. Stat. § 18A:35-4.18 Credit for world language course not offered by public school

8. A pupil who is enrolled in a public high school within the State who wishes to take a world language course not offered in the resident public school district may complete and receive credit toward high school graduation for a world language course offered by a religious organization or any other nonpublic school organization or entity. In order to receive credit for the course, the pupil shall meet local district proficiency requirements. L.2001,c.203,s.8.

N.J. Stat. § 18A:35-4.18.1 American Sign Language recognized as world language for meeting high school graduation requirements.

1. Notwithstanding the provisions of any law, rule or regulation to the contrary, American Sign Language shall be recognized as a world language for the purpose of meeting any State or local world language requirement for high school graduation. L.2015, c.87, s.1.

N.J. Stat. § 18A:35-4.20 Sex education programs to stress abstinence.

2. Any sex education that is given as part of any planned course, curriculum or other instructional program and that is intended to impart information or promote discussion or understanding in regard to human sexual behavior, sexual feelings and sexual values, human sexuality and reproduction, pregnancy avoidance or termination, HIV infection or sexually transmitted diseases, regardless of whether such instruction is described as, or incorporated into a description of "sex education," "family life education," "family health education," "health education," "family living," "health," "self esteem," or any other course, curriculum program or goal of education, and any materials including, but not limited, to handouts, speakers, notes or audiovisuals presented on school property concerning methods for the prevention of acquired immune deficiency syndrome (HIV/AIDS), other sexually transmitted diseases and of avoiding pregnancy, shall stress that abstinence from sexual activity is the only completely reliable means of eliminating the sexual transmission of HIV/AIDS and other sexually transmitted diseases and of avoiding pregnancy. L.2001,c.303,s.2.

N.J. Stat. § 18A:35-4.21 Abstinence from sexual activity stressed in curriculum.

3. The board of education shall include in its family life and HIV/AIDS curriculum instruction on reasons, skills and strategies for remaining or becoming abstinent from sexual activity. Any instruction concerning the use of contraceptives or prophylactics such as condoms shall also include information on their failure rates for preventing pregnancy, HIV and other sexually transmitted diseases in actual use among adolescent populations and shall clearly explain the difference between risk reduction through the use of such devices and risk elimination through abstinence. L.2001,c.303,s.3.

N.J. Stat. § 18A:35-4.22 Avoidance of IV drug use stressed.

4. In addition, any course, program or material concerning methods for the prevention of HIV/AIDS shall stress the importance of avoiding intravenous drug use. L.2001,c.303,s.4.

N.J. Stat. § 18A:35-4.23 Domestic violence, child abuse, instruction on those problems

1. A board of education may include instruction on the problems of domestic violence and child abuse in an appropriate place in the curriculum of elementary school, middle school and high school pupils. The instruction shall enable pupils to understand the psychology and dynamics of family violence, dating violence and child abuse, the relationship of alcohol and drug use to such violence and abuse, the relationship of animal cruelty to such violence and abuse, and to learn methods of non-violent problem-solving. L.2003,c.46.

N.J. Stat. § 18A:35-4.23a Dating violence education incorporated into health education curriculum.

6. a. Beginning with the 2011-2012 school year, each school district shall incorporate dating violence education that is age appropriate into the health education curriculum as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education for students in grades 7 through 12. b. The dating violence education shall include, but not be limited to, information on the definition of dating violence, recognizing dating violence warning signs, and the characteristics of healthy relationships. c. To assist school districts in developing a dating violence education program, the Department of Education shall recommend educational resources on dating violence. d. Upon written request to the school principal, a parent or legal guardian of a student less than 18 years of age, shall be permitted within a reasonable period of time after the request is made, to examine the dating violence education program instruction materials developed by the school district. e. As used in this section: "Dating partner" means any person involved in an intimate association with another individual that is primarily characterized by the expectation of affectionate involvement, whether casual, serious, or long-term. "Dating violence" means a pattern of behavior where one person threatens to use, or actually uses physical, sexual, verbal, or emotional abuse to control a dating partner. L.2011, c.64, s.6.

N.J. Stat. § 18A:35-4.24 Definitions relative to alternative education projects.

1. As used in this act: "Alternative education project" means the use of video tapes, models, films, books, computers, or any other tools which provide an alternative method for obtaining and testing the knowledge, information, or experience required by a course of study. "Animal" means any living organism that is an invertebrate, or is in the phylum chordata or organisms which have a notochord and includes an animal's cadaver or severed parts of an animal's cadaver. L.2005,c.266,s.1.

N.J. Stat. § 18A:35-4.25 Refusal to participate in certain school activities related to animal dissection, etc.

2. a. A public school pupil from kindergarten through grade 12 may refuse to dissect, vivisect, incubate, capture or otherwise harm or destroy animals or any parts thereof as part of a course of instruction. b. A school shall notify pupils and their parents or guardians at the beginning of each school year of the right to decline to participate in the activities enumerated in subsection a. of this section and shall authorize parents or guardians to assert the right of their children to refuse to participate in these activities. Within two weeks of the receipt of the notice, the pupils, parents or guardians shall notify the school if the right to decline participation in the enumerated activities will be exercised. c. Any pupil who chooses to refrain from participation in or observation of a portion of a course of instruction in accordance with this section shall be offered an alternative education project for the purpose of providing the pupil with the factual knowledge, information or experience required by the course of study. A pupil may refuse to participate in an alternative education project which involves or necessitates any harmful use of an animal or animal parts. d. A pupil shall not be discriminated against, in grading or in any other manner, based upon a decision to exercise the rights afforded pursuant to this act. L.2005,c.266,s.2.

N.J. Stat. § 18A:35-4.26 Instruction in gang violence prevention; required for elementary school students.

1. Each board of education that operates an educational program for elementary school students shall offer instruction in gang violence prevention and in ways to avoid membership in gangs. The instruction shall take place as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education, and the comprehensive health and physical education curriculum framework shall provide school districts with sample materials that may be used to support implementation of the instructional requirement. L.2007, c.22, s.1.

N.J. Stat. § 18A:35-4.27 Instruction on responsible use of social media.

1. a. Beginning with the 2014-2015 school year, each school district shall incorporate instruction on the responsible use of social media into the technology education curriculum for students in grades 6 through 8 as part of the district's implementation of the Core Curriculum Content Standards in Technology. b. The instruction shall provide students with information on: (1) the purpose and acceptable use of various social media platforms; (2) social media behavior that ensures cyber safety, cyber security, and cyber ethics; and (3) potential negative consequences, including cyber bullying, of failing to use various social media platforms responsibly. c. The Commissioner of Education shall provide school districts with sample learning activities and resources designed to promote the responsible use of social media. L.2013, c.257, s.1.

N.J. Stat. § 18A:35-4.28 Instruction in cardiopulmonary resuscitation, use of automated external defibrillator for certain students.

1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the board of education of a public school district that includes grades 9 through 12, or the board of trustees of a charter school that includes grades 9 through 12, shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to each student prior to graduation as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education. The board of education, or board of trustees, may select a no-cost, non-certification instructional program to meet this requirement. b. The provisions of subsection a. of this section shall first be effective with the 2014-2015 grade nine class. L.2014, c.36, s.1.

N.J. Stat. § 18A:35-4.29 Instruction provided.

2. The instruction provided pursuant to section 1 of this act shall: a. be modeled from an instructional program established by the American Heart Association, American Red Cross, or other nationally-recognized association with expertise in instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator; and b. include a hands-on learning component for each participating student. L.2014, c.36, s.2.

N.J. Stat. § 18A:35-4.30 Weighting of certain courses in calculating pupil grade point averages.

1. a. A school district shall weight courses in the visual and performing arts equally with other courses of the same level of academic rigor and worth the same number of credits in calculating a pupil's grade point average. b. As used in this section, "academic rigor" means a course's classification as a general education course, an honors course, or an advanced placement course. L.2015, c.262, s.1.

N.J. Stat. § 18A:35-4.31 Recess period required; exceptions.

1. a. Beginning with the first full school year following the effective date of this act, a public school district shall provide a daily recess period of at least 20 minutes for students in grades kindergarten through 5. The recess period shall be held outdoors, if feasible. A student shall not be denied recess for any reason, except as a consequence of a violation of the district's code of student conduct, including a harassment, intimidation, or bullying investigation pursuant to P.L.2002, c.83 (C.18A:37-13 et seq.). If a student is denied recess, except under conditions set forth in subsection b. of this section, the student shall be provided restorative justice activities during the recess period. A student may not be denied recess more than twice per week. A school district shall not be required to provide a recess period on a school day in which the day is substantially shortened due to a delayed opening or early dismissal. The recess period shall not be used to meet the course requirements set forth in N.J.S.18A:35-5. b. Nothing in this section shall be construed to prohibit school staff from denying recess for a student on the advice of a medical professional, school nurse, or based on the provisions of a student's 504 plan. c. For purposes of this section, "restorative justice activities" means activities designed to improve the socioemotional and behavioral responses of students through the use of more appropriate, and less punitive, interventions thereby establishing a more supportive and inclusive school culture. L.2018, c.73, s.1.

N.J. Stat. § 18A:35-4.32 Findings, declarations relative to "sexting."

1. The Legislature finds and declares that: a. The teenage practice of "sexting," sending a sexually explicit text message, is a nationwide issue for students, parents, school administrators, and law enforcement officials. b. What many teens do not realize is that, by law, a sexual image of any person under the age of 18 is child sexual abuse or exploitation material. Prosecutors in several states have charged teenagers who have engaged in this behavior with criminal offenses, including distribution of child sexual abuse or exploitation material. c. Pursuant to a law which became effective in April, 2012, the New Jersey Legislature provided for a diversionary program for juveniles who are criminally charged for "sexting" or posting sexual images and permits them to participate in a remedial education or counseling program as an alternative to criminal prosecution. d. Beyond the legal consequences of this behavior, however, sexting also has significant non-legal consequences including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities. e. Because of the unique characteristics of cyberspace and the Internet, a single sext has the potential to cause long-term and possibly unforeseen consequences and result in severe embarrassment, ridicule, cyber-bullying, and lasting mental and emotional trauma. f. It is imperative that students understand at a young age the severity of sending sexually explicit text messages and the impact that these actions have on the students themselves, their victims, and the community and that they receive instruction on how and why to refrain from this very dangerous behavior. L.2018, c.80, s.1; amended 2024, c.92, s.11.

N.J. Stat. § 18A:35-4.33 Information provided to students.

2. A board of education shall include instruction on the social, emotional, and legal consequences of distributing and soliciting sexually explicit images through electronic means once during middle school in an appropriate place in the curriculum as part of the school district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The Commissioner of Education shall provide school districts with age-appropriate sample learning activities and resources designed to implement this requirement. L.2018, c.80, s.2.

N.J. Stat. § 18A:35-4.34 Financial literacy instruction.

1. The State Board of Education shall require that a school district incorporate in each of the grades six through eight financial literacy instruction to pupils enrolled in those grades. The purpose of the instruction shall be to provide middle school students with the basic financial literacy necessary for sound financial decision-making. The instruction shall meet the requirements established by the State board and shall: a. be appropriate to, and reflect the age and comprehension of, the students enrolled in the particular grade level; and b. include content on budgeting, savings, credit, debt, insurance, investment, and other issues associated with personal financial responsibility as determined by the State board. The Commissioner of Education shall provide school districts with sample instructional materials and resources that may be used to support the implementation of the financial literacy instruction requirement. L.2018, c.167, s.1.

N.J. Stat. § 18A:35-4.35 History of disabled and LGBT persons included in middle and high school curriculum

1. A board of education shall include instruction on the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people, in an appropriate place in the curriculum of middle school and high school students as part of the district's implementation of the New Jersey Student Learning Standards. L.2019, c.6, s.1.

N.J. Stat. § 18A:35-4.36 Policies, procedures pertaining to inclusive instructional materials

2. A board of education shall have policies and procedures in place pertaining to the selection of instructional materials to implement the requirements of section 1 of this act. When adopting instructional materials for use in the schools of the district, a board of education shall adopt inclusive instructional materials that portray the cultural and economic diversity of society including the political, economic, and social contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people, where appropriate. L.2019, c.6, s.2.

N.J. Stat. § 18A:35-4.36a Curriculum to contain instruction on diversity and inclusion.

1. a. Beginning in the 2021-2022 school year, each school district shall incorporate instruction on diversity and inclusion in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the district's implementation of the New Jersey Student Learning Standards. b. The instruction shall: (1) highlight and promote diversity, including economic diversity, equity, inclusion, tolerance, and belonging in connection with gender and sexual orientation, race and ethnicity, disabilities, and religious tolerance; (2) examine the impact that unconscious bias and economic disparities have at both an individual level and on society as a whole; and (3) encourage safe, welcoming, and inclusive environments for all students regardless of race or ethnicity, sexual and gender identities, mental and physical disabilities, and religious beliefs. c. The Commissioner of Education shall provide school districts with sample learning activities and resources designed to promote diversity and inclusion. L.2021, c.32.

N.J. Stat. § 18A:35-4.37 Finding and declaration relative to sexual assault

1. The Legislature finds and declares that: a. Over the last several years, media and government attention has been focused on addressing the high rate of sexual assault on college campuses. A 2015 study by the Association of American Universities indicated that 23 percent of female undergraduates and five percent of male undergraduates experience rape or sexual assault through physical force, violence, or incapacitation. b. In response to the issue of sexual assault, colleges and universities have adopted affirmative consent policies requiring a clear, unequivocal yes for sexual contact, and freshmen students are receiving more education in regard to defining consent. c. While it is an important development in the fight against sexual violence that an increasing number of institutions of higher education are conducting sexual assault orientations and mandating instruction on consent, this is often too late. Statistics indicate that nearly half of American teenagers are sexually active by the time they reach the age of 17, and one in five female high school students reports being physically or sexually abused by a dating partner. d. Expecting students in middle school and high school to fully grasp what sexual assault is without the necessary information and awareness on the nature and the need for consent before physical contact or sexual activity is not realistic. e. Young people need an understanding of consent to live healthy, self-determined lives. They need to understand the right to say no to unwanted physical contact or sexual activity and to respect the right of another person to say no. f. Ending sexual harassment and assault is currently a part of the national conversation, and taking steps to begin that conversation at an earlier point in a student's school career will advance the goal of ending sexual violence and ensure that students are well prepared to protect themselves and ensure the safety of others when they first arrive on a college campus. L.2019, c.16, s.1.

N.J. Stat. § 18A:35-4.38 Incorporation of age-appropriate instruction relative to consent for physical contact and sexual activity

2. A school district shall incorporate age-appropriate instruction in grades six through 12 on the law and meaning of consent for physical contact and sexual activity as part of the district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The instruction shall be designed to increase discussion and awareness that consent is required before physical contact or sexual activity, as well as the social, emotional, and relational impact surrounding sexuality, the right to say no to unwanted physical contact or sexual activity, and the virtues of respecting the right of others to say no. The Commissioner of Education shall provide school districts with age-appropriate sample learning activities and resources designed to implement this requirement. L.2019, c.16, s.2.

N.J. Stat. § 18A:35-4.39 Health curriculum to include instruction on mental health.

1. a. A school district shall ensure that its health education programs for students in grades kindergarten through 12 recognize the multiple dimensions of health by including mental health and the relation of physical and mental health so as to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity. The instruction in mental health shall be adapted to the age and understanding of the students and shall be incorporated as part of the district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The instruction shall include, as appropriate, information on substance use disorder provided pursuant to the implementation of these standards and to section 1 of P.L.2016, c.46 (C.18A:40A-2.1). b. The State Board of Education shall review and update the New Jersey Student Learning Standards in Comprehensive Health and Physical Education to ensure the incorporation of instruction in mental health in an appropriate place in the curriculum for students in grades kindergarten through 12. In its review, the State board shall consult with mental health experts including, but not limited to, representatives from the Division of Mental Health and Addiction Services in the Department of Human Services. L.2019, c.222, s.1; amended 2023, c.177, s.29.

N.J. Stat. § 18A:35-4.40 Information about "New Jersey Safe Haven Infant Protection Act" included in public school curriculum.

1. The Department of Education shall review the New Jersey Student Learning Standards for Comprehensive Health and Physical Education to ensure that information on the provisions of the "New Jersey Safe Haven Infant Protection Act," P.L.2000, c.58 (C.30:4C-15.5 et seq.) shall be included therein to public school students in grades 9 through 12. L.2019, c.250, s.1.

N.J. Stat. § 18A:35-4.41 Age appropriate information required.

2. a. The Department of Education, in consultation with the Department of Children and Families, shall take appropriate action to ensure that each school district shall incorporate education on the "New Jersey Safe Haven Infant Protection Act," P.L.2000, c.58 (C.30:4C-15.5 et seq.) that is age appropriate for public school students in grades 9 through 12. L.2019, c.250, s.2.

N.J. Stat. § 18A:35-4.42 Findings, declarations relative to the Amistad Commission.

3. The Legislature finds and declares that: a. Since the days of slavery, public school curricula have consistently omitted or misrepresented the history of African Americans. b. To correct these omissions, all public schools in the State of New Jersey should include instruction that infuses into all courses on the United States, the centuries of contributions and accomplishments by African Americans in the building and development of America. c. The Amistad Commission, created pursuant to P.L.2002, c.75 (C.52:16A-86 et seq.), is responsible for designing and promoting the implementation of education and awareness programs in New Jersey concerned with slavery in America and the contributions of African Americans, and for developing curriculum guidelines for the teaching of this information. The Amistad Commission is an ideal agency to recommend curricular materials to school districts. L.2020, c.153, s.3.

N.J. Stat. § 18A:35-4.43 Infusion of African American accomplishments into school curricula.

4. a. Every board of education shall include, in the curriculum of all elementary and secondary school students, instruction that infuses into all courses on the United States, the centuries of accomplishments by African Americans in the building and development of America including, but not limited to, the areas of industry, military, government, and the professions; local communities; math, science, medicine, and space; architecture and the arts; social institutions and culture; and other aspects of life in America. b. The instruction shall enable students to identify and analyze applicable theories concerning human nature and behavior; to know and understand the nation's heritage of slavery and freedom; to know and understand the impact of African diasporic cultures and institutions on the Americas; to know and understand the contributions of African Americans to all areas of American society throughout its history, beginning with the colonial period; to know and understand that inequality is a consequence of prejudice and discrimination in the pursuit of maintaining power and dominance over certain portions of society; to know and understand citizenship and disenfranchisement; and to understand that issues of moral dilemma and conscience have a profound impact on the nation and the self-image and self-realization of its entire population, especially the personal and civic development of students in grades kindergarten through 12. The instruction shall also emphasize the personal responsibility of each citizen to fight racism and hatred whenever and wherever it happens and to uphold the national ideals of freedom and justice for all. c. The Department of Education shall work with the Amistad Commission to ensure that all department assessment tools for New Jersey schools are inclusive of the curricular requirements established pursuant to this section. L.2020, c.153, s.4.

N.J. Stat. § 18A:35-4.44 Asian American, Pacific Islander history, contributions; instruction included in curriculum.

1. a. A board of education shall include instruction on the history and contributions of Asian Americans and Pacific Islanders in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the school district's implementation of the New Jersey Student Learning Standards in Social Studies. b. A board of education shall have policies and procedures in place pertaining to the selection of instructional materials to implement the requirements of section a. of this section. When adopting instructional materials for use in the school district, a board of education shall adopt inclusive instructional materials that portray the cultural and economic diversity of Asian Americans and Pacific Islanders. c. A board of education shall seek the assistance and advice of the Commission on Asian Heritage established pursuant to section 2 of P.L.2021, c.410 (C.18A:4-52) in fulfilling the requirements of this section. L.2021, c.416.

N.J. Stat. § 18A:35-4.45 New Jersey Student Learning Standards, Comprehensive Health and Physical Education, grief.

1. a. The State Board of Education shall adopt New Jersey Student Learning Standards in Comprehensive Health and Physical Education pertaining to grief. b. A school district shall include instruction on grief in an appropriate place in the curriculum of students in grades eight through 12 as part of the district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. c. The instruction shall include, at a minimum, information on: (1) the physical, emotional, and behavioral symptoms of grief; (2) coping mechanisms and techniques for handling grief and loss; and (3) resources available to students, including in-school support, mental health crisis support, and individual and group therapy. d. The Commissioner of Education shall provide school districts with age-appropriate resources concerning grief. L.2023, c.201, s.1.

N.J. Stat. § 18A:35-4.46 Standards adopted, New Jersey Student Learning Standards updates, concurrent.

2. This act shall take effect immediately. The standards adopted by the State Board of Education pursuant to section 1 of P.L.2023, c.201 (C.18A:35-4.45) shall occur concurrent with each update to the New Jersey Student Learning Standards required pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46). L.2023, c.201, s.2.

N.J. Stat. § 18A:35-4.47 Labor movements history instruction.

1. a. The State Board of Education shall adopt New Jersey Student Learning Standards in Social Studies pertaining to the history of labor and labor movements in the United States and New Jersey. b. A board of education shall include instruction on United States and New Jersey labor history and the contributions of the labor movement in an appropriate place in the curriculum of students in grades six through 12 as part of the school district’s implementation of the New Jersey Student Learning Standards in Social Studies. The instruction shall include, at a minimum, information on: (1) the history of organized labor; (2) notable strikes throughout history; (3) unionization drives; and (4) the collective bargaining process and existing legal protections in the workplace. L.2025, c.137, s.1.

N.J. Stat. § 18A:35-4.48 Standards concurrent with updates to New Jersey Student Learning Standards.

2. This act shall take effect immediately. The standards adopted by the State Board of Education pursuant to subsection a. of section 1 of this act shall occur concurrent with each update to the New Jersey Student Learning Standards required pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46). L.2025, c.137, s.2.

N.J. Stat. § 18A:35-4.49 Latino and Hispanic history, required instruction.

1. a. The State Board of Education shall adopt New Jersey Student Learning Standards in Social Studies on Latino and Hispanic history. b. A board of education shall include instruction on the history and contributions of Latinos and Hispanics in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the school district's implementation of the New Jersey Student Learning Standards in Social Studies. The instruction shall be historically accurate, culturally relevant, community-based, contemporary, and developmentally appropriate. c. The Commissioner of Education, in consultation with the Commission on Latino and Hispanic Heritage established pursuant to section 2 of P.L.2019, c.321 (C.18A:4-48), shall provide school districts with sample learning activities and resources that may be used to support implementation of the instructional requirement. L.2025, c.146, s.1.

N.J. Stat. § 18A:35-4.50 Concurrent occurrence, updates to New Jersey Student Learning Standards.

2. This act shall take effect immediately and shall first apply to the first full school year following the date of enactment. The standards adopted by the State Board of Education pursuant to section 1 of P.L.2025, c.146 (C.18A:35-4.49) shall occur concurrent with each update to the New Jersey Student Learning Standards required pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46). L.2025, c.146, s.2.

N.J. Stat. § 18A:35-4.51 Short title.

1. This act shall be known and may be cited as the “Illicit Opioid Supply Substances Poisoning Awareness Act.” L.2025, c.278, s.1.

N.J. Stat. § 18A:35-4.52 Illicit opioid substance danger, instruction, grades six through 12.

2. a. A school district shall include instruction on the dangers of substances that are the most prevalent or emerging in the illicit opioid supply in New Jersey in an appropriate place in the curriculum of students in grades six through 12 as part of the district’s implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. b. The instruction shall include, at a minimum, information on: (1) illicit opioid substance abuse prevention; (2) illicit opioid substance poisoning awareness; (3) the dangers of synthetic opioids, common non-opioids added to the opioid supply as adulterants, and counterfeit drugs; (4) recognizing the symptoms of opioid poisoning; (5) how to respond to an opioid poisoning emergency; and (6) laws that provide immunity or other protections for persons who administer opioid antidotes, such as naloxone, or who seek medical treatment for drug or alcohol poisoning or overdoses for themselves or others. c. The Commissioner of Education shall provide school districts with existing age-appropriate resources compiled by the Commissioner of Health that address the requirements established pursuant to subsection a. of this section. Information for instruction on the dangers of illicit opioid substances shall utilize information and resources provided by: (1) the National Institutes of Health; (2) the United States Department of Health and Human Services; (3) the Centers for Disease Control and Prevention; (4) the New Jersey Department of Human Services; or (5) any State, county, or municipal department or agency. d. A school district shall provide age-appropriate information on where to access opioid antidotes, including naloxone, on school premises and in the community to students in a manner to be determined by the district. e. The Department of Education shall post and maintain on its Internet website information on: (1) instruction provided to school districts pursuant to subsection c. of this section on the dangers of substances in the illicit opioid supply; (2) awareness and safety materials for school staff, students, and parents on opioid poisoning prevention; (3) outreach organizations with resources concerning opioid awareness and opioid poisoning prevention; (4) preventative mental health resources available from applicable federal, State, county, or municipal departments and agencies; and (5) information connecting students and parents to resources, including resources on locations in which students and parents can obtain naloxone in their schools and communities. f. The State Board of Education shall review and update the New Jersey Student Learning Standards in Comprehensive Health and Physical Education to ensure instruction on the dangers of substances in the illicit opioid supply is incorporated in an appropriate place in the curriculum of students in grades six through 12 as required pursuant to this section. L.2025, c.278, s.2.

N.J. Stat. § 18A:35-4.53 Cursive handwriting instruction in the grade school curriculum.

1. A school district shall incorporate instruction on cursive handwriting into the curriculum for students in grades three through five. The curriculum shall include activities and instructional materials that help students become proficient in reading cursive and legibly writing in cursive by the end of grade five. L.2025, c.284.

N.J. Stat. § 18A:35-5 Maintenance of physical training courses; features

Each board of education shall conduct as a part of the instruction in the public schools courses in health, safety and physical education, which courses shall be adapted to the ages and capabilities of the pupils in the several grades and departments. To promote the aims of these courses any additional requirements or rules as to medical inspection of school children may be imposed. L.1967, c.271.

N.J. Stat. § 18A:35-5.1 Curriculum guidelines, Lyme disease, tick-borne disease prevention.

1. The Commissioner of Education, in consultation with the Commissioner of Health, shall develop curriculum guidelines for the teaching of information on the prevention of Lyme disease and other tick-borne diseases within the public school health curriculum. The guidelines shall emphasize disease prevention and include topics such as the biology of various tick species, tick habitats, a list of diseases transmitted by ticks, recommended attire and repellants to help protect an individual from ticks, how to perform tick checks, proper techniques for the removal of ticks, and symptoms an individual may experience after receiving a tick bite. The Commissioner of Education shall periodically review and update the guidelines to insure that the curriculum reflects the most current information available. L.1991, c.488, s.1; amended 2017, c.131, s.24; 2023, c.60, s.2.

N.J. Stat. § 18A:35-5.1a Findings, declarations.

1. The Legislature finds and declares that: a. New Jersey is among the nationwide leaders in tick-borne diseases and was one of the 17 states that reported 95 percent of the confirmed Lyme disease cases in 2019. b. If not diagnosed and treated early, symptoms of Lyme disease may become more severe and life-altering. Later stages of Lyme disease can result in arthritis, severe joint pain and swelling, nervous system problems, impaired memory and other cognitive defects, and heart problems that include heart palpitations and chest pain. c. It is altogether fitting and proper that New Jersey schools provide students with a more expansive education on ticks, tick-borne disease, and best methods for preventing exposure and identifying symptoms of tick-borne diseases. L.2023, c.60, s.1.

N.J. Stat. § 18A:35-5.2 Curriculum guidelines, availability, incorporation, consultation.

2. a. The commissioner shall make the curriculum guidelines available to all school districts in the State. b. A board of education shall incorporate the curriculum guidelines developed pursuant to section 1 of P.L.1991, c.488 (C.18A:35-5.1) in an appropriate place in the curriculum of students in grades kindergarten through 12 as part of the school district's implementation of the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. c. A board of education shall also consult resources from multiple nationally-recognized organizations with expertise in Lyme disease or other tick-borne diseases in fulfilling the requirements of subsection b. of this section. L.1991,c.488,s.2; amended 2023, c.60, s.3.

N.J. Stat. § 18A:35-5.3 Guidelines for, training of teachers instructing infected students

3. The Commissioner of Education, in consultation with the Commissioner of Health, shall also provide curriculum guidelines for the training of all teachers who instruct students with Lyme disease which emphasizes the special needs and problems of students with the disease, in order to provide information about how best to teach those students. Each school district shall annually provide training to all teachers who instruct students with Lyme disease, based upon the guidelines. L.1991,c.488,s.3.

N.J. Stat. § 18A:35-5.4 Instruction on breast self-examination required

1. Each board of education which operates an educational program for students in grades 7 through 12 shall offer instruction in breast self-examination. The instruction shall take place as part of the district's implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education, and the comprehensive health and physical education curriculum framework shall provide school districts with sample activities that may be used to support implementation of the instructional requirement. L.1999,c.128.

N.J. Stat. § 18A:35-6 Supervision of instruction

Such courses, and the instruction therein, shall be subject to the general supervision and direction of the commissioner, who shall appoint, with the approval of the state board, such expert assistants as in the opinion of the state board shall from time to time be necessary to carry out the purposes of such courses. L.1967, c.271.

N.J. Stat. § 18A:35-7 Course required

Every pupil, except kindergarten pupils, attending the public schools, insofar as he is physically fit and capable of doing so, as determined by the medical inspector, shall take such courses, which shall be a part of the curriculum prescribed for the several grades, and the conduct and attainment of the pupils shall be marked as in other courses or subjects, and the standing of the pupil in connection therewith shall form a part of the requirements for promotion or graduation. L.1967, c.271.

N.J. Stat. § 18A:35-8 Time devoted to course

The time devoted to such courses shall aggregate at least two and one-half hours in each school week, or proportionately less when holidays fall within the week. L.1967, c.271.

N.J. Stat. § 18A:35-9 Qualifications of teachers; instruction of college pupils

The state board shall adopt rules fixing the necessary qualifications of teachers in such courses in the public school system and all students at the state colleges shall be required to receive thorough instruction in such courses. L.1967, c.271.

N.J. Stat. § 18A:35-10 Military training course; when required; preparation

If the State board shall determine that the courses in health, safety and physical education, as prescribed for male pupils in the high school, shall include a course in military training, such course in military training shall be prepared by the commissioner and the Adjutant General of the Department of Defense and be a part of the courses in health, safety, and physical education for male pupils, and all male pupils in the high school shall be required to take the same except those who are physically unfit, as determined by the medical inspector, or whose parents have conscientious scruples against military training. L.1967, c.271; amended by L.1984, c. 181, s. 1, eff. Nov. 14, 1984.

N.J. Stat. § 18A:35-11 Military training; referendum

If the state board does not require the course in military training to be included in courses in health, safety and physical training, the question of the inclusion thereof, in such courses to be given in any district, shall be submitted to the legal voters of the district by referendum when the board of education of the district so determines by resolution or when a petition signed by at least 10% of the legal voters of the district requests the question to be so submitted. In districts in which annual school elections are held the petition shall be filed with the secretary of the board of education and the question shall be submitted at the next ensuing annual, or at a special school election following the nineteenth day after the filing of the petition and in all other districts the petition shall be filed with the clerk of the municipality and the question shall be submitted at the next ensuing general election following the thirty-fourth day after the filing of the petition. L.1967, c.271.

N.J. Stat. § 18A:35-12 Result of election; establishment of course

If, at such election, the number of votes cast in favor of the adoption of the question shall exceed the number of votes cast against the adoption of the question, military training shall be included in the courses in health, safety and physical education for male pupils in the high school of the district, within 60 days after the election. L.1967, c.271.

N.J. Stat. § 18A:35-13 Expenses of maintaining military training

The funds required to furnish the necessary equipment for such course in military training and to meet the expenses incident thereto shall be provided in the same manner as funds for other equipment and expenses in public schools are provided. L.1967, c.271.

N.J. Stat. § 18A:35-14 Instructors in military training; qualifications; salary

Every instructor of such course in military training shall hold at all times a certificate as to his qualifications as an instructor in military training from the Adjutant General of the Department of Defense, and the salary of each such instructor shall be paid by the district obtaining his services. L.1967, c.271; amended by L.1984, c. 181, s. 2, eff. Nov. 14, 1984.

N.J. Stat. § 18A:35-15 Legislative findings

The Legislature finds that there are large numbers of children in the State who come from environments where the primary language is other than English. Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of children whose native tongue is another language. The Legislature believes that a program of bilingual education can meet the needs of those children and facilitate their integration into the regular public school curriculum. Therefore, pursuant to the policy of the State to insure equal educational opportunity to every child, and in recognition of the educational needs of children of limited English speaking ability, it is the purpose of this act to provide for the establishment of bilingual education programs in the public schools. L.1974, c. 197, s. 1, eff. Jan. 8, 1975.

N.J. Stat. § 18A:35-16 Definitions

As used in this act, the following words and phrases shall have the following meaning: "Children of limited English-speaking ability" means those children whose primary language is other than English and who have difficulty performing ordinary classwork in English. "Programs in bilingual education" means a full-time program of instruction (1) in all those courses or subjects which a child is required by law, rule or regulation to receive given in the native language of the children of limited English-speaking ability enrolled in the program and also in English (2) in the aural comprehension, speaking, reading, and writing of the native language of the children of limited English-speaking ability enrolled in the program and in the aural comprehension, speaking, reading and writing of English, and (3) in the history and culture of the country, territory or geographic area which is the native land of the parents of children of limited English-speaking ability enrolled in the program and in the history and culture of the United States. L.1974, c. 197, s. 2, eff. Jan. 8, 1975.

N.J. Stat. § 18A:35-17 Identification and classification of children of limited English-speaking ability

Each school district shall identify and ascertain, according to rules prescribed by the Commissioner of Education with the approval of the State board, the children attending the schools of the district who are of limited English-speaking ability and, also, those not in attendance but resident within the district, and shall classify them according to the language of which such children possess a primary speaking ability. L.1974, c. 197, s. 3, eff. Jan. 8, 1975.

N.J. Stat. § 18A:35-18 Programs in bilingual education; establishment; number of pupils; waiver

4. a. When, at the beginning of any school year, there are within the schools of the district 20 or more pupils of limited English-speaking ability in any one language classification, the board of education shall establish, for each such classification, a program in bilingual education for all the pupils therein; provided, however, that a board of education may establish a program in bilingual education for any language classification with less than 20 children therein. b. The Commissioner of Education may waive the requirement that a board of education establish a full time bilingual education program when the board is able to demonstrate that due to the age range, grade span or geographic location of the eligible pupils it would be impractical to provide a full time bilingual education program. The waiver shall permit the district to implement a special alternative instructional program for as long as the conditions exist that justified the waiver. L.1974,c.197,s.4; amended 1995,c.59.

N.J. Stat. § 18A:35-19 Period of continuance of participation by pupil

Every pupil participating in a program established pursuant to this act shall be entitled to continue such participation for a period of 3 years. L.1974, c. 197, s. 5, eff. Jan. 8, 1975.

N.J. Stat. § 18A:35-19.1 Transfer of bilingual pupil to English-only program

A pupil enrolled in a bilingual education program pursuant to P.L.1974, c.197 (C.18A:35-15 et seq.) shall be placed in the English-only program when the pupil demonstrates readiness to function successfully in the English-only program. The process to determine the readiness or inability of the individual pupil to function successfully in the English-only program shall be initiated by the pupil's level of English proficiency as measured by a State established cut-off score on an English language proficiency test and the readiness of the pupil shall be further assessed on the basis of multiple indicators which shall, at a minimum, include classroom performance, the pupil's reading level in English, the judgment of the teaching staff member or members responsible for the educational program of the pupil, and performance on achievement tests in English. L.1991,c.12,s.1.

N.J. Stat. § 18A:35-19.2 Appeal of placement decision

If any parent or teaching staff member disagrees with the decision either that a pupil exit from or remain in the district's bilingual education program, the parent or teaching staff member may appeal this decision. After exhausting a local appeal process, any parent or guardian who is not satisfied with the district's explanation for its decision shall have the right to a hearing as a contested case before the Commissioner of Education or his designee. The final decision on a child's placement shall be based on the best interests of the child in accordance with the assessment criteria set forth in section 1 of this amendatory and supplementary act. An appeal under this provision shall be heard and decided by the commissioner or his designee on an expedited basis. L.1991,c.12,s.2.

N.J. Stat. § 18A:35-19.3 Rules, regulations

The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act. The Commissioner of Education shall issue guidelines to serve as temporary procedures for effectuating the provisions of this act until such time as the State board promulgates regulations. L.1991,c.12,s.4.

N.J. Stat. § 18A:35-20 Participation in courses in which verbalization unessential to understanding of subject matter; location of and children in bilingual programs

In those courses or subjects in which verbalization is not essential to an understanding of the subject matter, including but not limited to art, music, and physical education, pupils of limited English-speaking ability shall participate fully with English-speaking pupils in the regular classes provided for such subjects. Each board shall insure to each pupil enrolled in a program in bilingual education a practical and meaningful opportunity to participate fully in all programs and activities available in the school district. Programs in bilingual education shall be located in the regular public schools of the district rather than in separate facilities. Bilingual education programs may include children of English-speaking ability. L.1974, c. 197, s. 6, eff. Jan. 8, 1975.

N.J. Stat. § 18A:35-21 Joint establishment by school districts

A school district may join with any other school district or districts, according to rules prescribed by Commissioner of Education with the approval of the State board, to provide programs pursuant to this act. L.1974, c. 197, s. 7, eff. Jan. 8, 1975.

N.J. Stat. § 18A:35-22 Notification of parents; involvement in programs

8. Each school district shall notify by mail the parents of the pupils of limited English-speaking ability of the fact that their child has been indentified as eligible for enrollment in a program of bilingual education. Such notice shall include the information that the parents have the option of declining enrollment of their child in a bilingual program, and they shall be given an opportunity to decline enrollment if they so choose. The notice shall be in writing and in the language of which the child of the parents so notified possesses a primary speaking ability, and in English. In addition, whenever a school district determines, on the basis of a pupil's level of English proficiency, that a pupil should exit from a program of bilingual education the district shall notify the parents of the pupil by mail. The board shall provide for the maximum practicable involvement of parents of children of limited English-speaking ability in the development and review of program objectives and dissemination of information to and from the local school districts and communities served by the bilingual education program within existing State law. L.1974,c.197,s.8; amended 1991, c.12, s.3; 1995, c.327, s.1.

N.J. Stat. § 18A:35-22.1 Removal of pupil from bilingual education program

2. A parent or guardian may remove a pupil who is enrolled in a bilingual education program at any time; except that during the first three years of a pupil's participation in a bilingual education program, a parent or guardian may only remove the pupil at the end of each school year. If a parent or guardian wishes to remove the pupil prior to the end of each school year, the removal shall be approved by the county superintendent of schools. If the county superintendent determines that the pupil should remain in the bilingual education program until the end of the school year, the parent may appeal the county superintendent;s decision to the Commissioner of Education, or his designee, pursuant to the provisions of section 2 of P.L.1991, c.12 (C.18A:35-19.2). The commissioner's decision shall be rendered within 30 days of the filing of the appeal. L.1995,c.327,s.2.

N.J. Stat. § 18A:35-23 Implementation of provisions

9. The Commissioner of Education shall, with the approval of the State Board of Education promulgate rules and regulations, establish procedures, employ personnel, and take all other necessary steps to insure the implementation of the provisions of this act. L.1974,c.197,s.9; amended 1994,c.48,s.63.

N.J. Stat. § 18A:35-24 State Advisory Committee on Bilingual Education; establishment; membership

10. The State Board of Education shall establish a State Advisory Committee on Bilingual Education to assist the Department of Education in the formulation of policies and procedures relating to this act. The State Advisory Committee on Bilingual Education shall include representatives of the language communities served, institutions of higher education, local school boards, school administrators, teachers and laymen knowledgeable in the field of bilingual education. L.1974,c.197,s.10; amended 1994,c.48,s.64.

N.J. Stat. § 18A:35-25 Financial support to institutions of higher education

11. The Commission on Higher Education with the advice of the State Advisory Committee on Bilingual Education shall recommend to the treasurer that financial support be provided to institutions of higher education for career development programs and the training of professionals serving bilingual populations with emphasis on effective utilization of existing facilities. L.1974,c.197,s.11; amended 1994,c.48,s.65.

N.J. Stat. § 18A:35-26 Developmental activities

12. The State Board of Education shall develop resources, programs, curriculum and instructional materials and undertake such other activities as will enable boards of education to provide programs pursuant to this act. L.1974,c.197,s.12; amended 1994,c.48,s.66.

N.J. Stat. § 18A:35-26.1 Guidance on identifying English language learners for gifted and talented programs.

1. a. The Commissioner of Education shall develop guidance for school districts concerning the identification of English language learners for gifted and talented programs. The purposes and objectives of the guidance shall be to: (1) assist school districts in identifying English language learners in grades kindergarten through 12 who are gifted and talented so that they may be matched with programs that will help them achieve in accordance with their full capabilities; and (2) provide guidelines on appropriate identification methods that may help reduce the underrepresentation of English language learners in gifted and talented programs. b. The guidance developed by the commissioner shall include, but not be limited to, information on: recognizing and addressing potential challenges in the process of identifying English language learners who are gifted and talented; the use of multiple methods and measures in assessing the eligibility of English language learners for gifted and talented programs; and the importance of professional development for and collaboration among teachers in the identification process, including teachers of English language learner programs, teachers of gifted and talented programs, and general classroom teachers. L.2017, c.171, s.1.

N.J. Stat. § 18A:35-27 Findings, declarations

1. The Legislature finds and declares that: a. New Jersey has recently become the focal point of national attention for the most venomous and vile of ethnic hate speeches. b. There is an inescapable link between violence and vandalism and ethnic and racial intolerance. The New Jersey Department of Education itself has formally recognized the existence of the magnitude of this problem in New Jersey schools by the formation of a Commissioner's Task Force on Violence and Vandalism. c. New Jersey is proud of its enormous cultural diversity. The teaching of tolerance must be made a priority if that cultural diversity is to remain one of the State's strengths. d. National studies indicate that fewer than 25% of students have an understanding of organized attempts throughout history to eliminate various ethnic groups through a systematic program of mass killing or genocide. e. The New Jersey Commission on Holocaust Education, created pursuant to P.L.1991, c.193 (C.18A:4A-1 et seq.), several years ago expanded its mission to study and recommend curricular material on a wide range of genocides. The Holocaust Commission is an ideal agency to recommend curricular materials to local districts. L.1994,c.13,s.1.

N.J. Stat. § 18A:35-28 Instruction on Holocaust, genocides required in elementary, secondary school curriculum

2. a. Every board of education shall include instruction on the Holocaust and genocides in an appropriate place in the curriculum of all elementary and secondary school pupils. b. The instruction shall enable pupils to identify and analyze applicable theories concerning human nature and behavior; to understand that genocide is a consequence of prejudice and discrimination; and to understand that issues of moral dilemma and conscience have a profound impact on life. The instruction shall further emphasize the personal responsibility that each citizen bears to fight racism and hatred whenever and wherever it happens. L.1994,c.13,s.2.

N.J. Stat. § 18A:35-29 Short title.

1. This act shall be known and may be cited as the "Recovery High School Alternative Education Act." L.2015, c.254, s.1.

N.J. Stat. § 18A:35-30 Definitions relative to alternative education programs.

2. As used in this act: "Alternative education program" means a comprehensive educational program designed to address the individual learning, behavior, and health needs of students who are not succeeding in a general education program or who have been mandated for removal from general education. The alternative education program shall provide a variety of approaches to meet State-adopted standards, including non-traditional programs, services, and methodologies to ensure curriculum and instruction are delivered in a way that enables students to demonstrate the knowledge and skills specified for all students. "Recovery high school alternative education program" means an alternative education program that serves students diagnosed with substance use disorder or dependency as defined by the most recent Diagnostic and Statistical Manual of Mental Disorders, and that provides a comprehensive four-year high school education in an alternative public school setting and a structured plan of recovery that is aligned with the national framework of evidence-based practices for recovery high schools. L.2015, c.254, s.2.

N.J. Stat. § 18A:35-31 Operation of alternative education program permitted.

3. Any board of education may operate an alternative education program including, but not limited to, a recovery high school alternative education program, upon approval by the board of education. The Commissioner of Education shall approve any alternative education program within a State agency, public college operated program, or department-approved school. L.2015, c.254, s.3.

N.J. Stat. § 18A:35-32 Agreement for provision of services to out-of-district student.

4. A sending district may enter into an agreement with a school district which has established a recovery high school alternative education program for the provision of services to a student who is currently enrolled in the sending district. If the student is admitted to the recovery high school alternative education program, the sending district shall pay tuition to that district calculated in accordance with the provisions of N.J.S.18A:38-19. L.2015, c.254, s.4.

N.J. Stat. § 18A:35-33 Regulations.

5. The State Board of Education may adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.2015, c.254, s.5.

N.J. Stat. § 18A:35-34 Short title.

1. This act shall be known and may be cited as the "Strengthening Gifted and Talented Education Act." L.2019, c.338, s.1.

N.J. Stat. § 18A:35-35 Definitions relative to gifted and talented students.

2. As used in this act: "Gifted and talented student" means a student who possesses or demonstrates a high level of ability in one or more content areas when compared to his chronological peers in the school district and who requires modifications of his educational program if he is to achieve in accordance with his capabilities. "Instructional adaptation" means an adjustment or modification to instruction enabling a student who is gifted and talented to participate in, benefit from, and demonstrate knowledge and application of the New Jersey Student Learning Standards in one or more content areas at the instructional level of the student, not just the student's grade level. L.2019, c.338, s.2.

N.J. Stat. § 18A:35-36 Instructional adaptations, educational services for gifted and talented students.

3. a. A board of education shall ensure that appropriate instructional adaptations and educational services are provided to gifted and talented students in kindergarten through grade 12 to enable them to participate in, benefit from, and demonstrate knowledge and application of the New Jersey Student Learning Standards at the instructional level of the student. b. A board of education shall: (1) ensure that appropriate instructional adaptations are designed for students who are gifted and talented; (2) make provisions for an ongoing kindergarten through grade 12 identification process for gifted and talented students that includes multiple measures in order to identify student strengths in intellectual ability, creativity, or a specific academic area. School districts shall ensure equal access to a continuum of gifted and talented education services. The identification process shall include consideration of all students, including those who are English language learners and those with Individualized Education Plans or 504 plans; (3) develop and document appropriate curricular and instructional modifications used for gifted and talented students indicating content, process, products, and learning environment, and including, but not limited to, additional education activities such as academic competitions, guest speakers, and lessons with a specialist; (4) take into consideration the Gifted Programming Standards, Position Statements, and White Papers of the National Association for Gifted Children in identifying and serving gifted and talented students; (5) provide the time and resources to develop, review, and enhance instructional tools with modifications for helping gifted and talented students acquire and demonstrate mastery of the required knowledge and skills specified by the standards at the instructional level of the student; and (6) actively assist and support professional development for teachers, educational services staff, and school leaders in the area of gifted and talented instruction. L.2019, c.338, s.3.

N.J. Stat. § 18A:35-37 Coordinator for gifted and talented services.

4. a. The Commissioner of Education shall appoint a coordinator for gifted and talented services. The coordinator shall have teaching experience and specialized knowledge in gifted and talented education. The coordinator shall be responsible for providing support by identifying and sharing research and resources to school districts as they develop, implement, and review their local gifted and talented services. The coordinator shall be responsible for reviewing the information about gifted and talented services provided by each school district to support implementation of the provisions of this act. b. Each school district shall file with the coordinator a report by October 1, 2020 and thereafter on a schedule that coincides with the school district's New Jersey Quality Single Accountability Continuum review pursuant to section 11 of P.L.1975, c.212 (C.18A:7A-11). The report shall include, but not be limited to: (1) the gifted and talented continuum of services, policies, and procedures implemented in the school district; (2) the total number of students receiving gifted and talented services in each grade level kindergarten through grade 12 disaggregated by race, gender, special education designation, and English language learner designation; (3) the professional development opportunities provided for teachers, educational services staff, and school leaders about gifted and talented students, their needs, and educational development; and (4) the number of staff employed by the school district whose job responsibilities include identification of and providing services to gifted and talented students. L.2019, c.338, s.4.

N.J. Stat. § 18A:35-38 Complaint for noncompliance.

5. a. An individual who believes that a school district has not complied with the provisions of this act may file a complaint with the board of education. The right to file a complaint shall be set forth in the board's policy on gifted and talented education. The policy shall be linked to the homepage of the board's Internet website. The board shall issue a decision, in writing, to affirm, reject, or modify the district's action in the matter. b. The individual may then file a petition of appeal of the board's written decision to the Commissioner of Education through the Office of Controversies and Disputes in accordance with N.J.S.18A:6-9 and the procedures set forth in State Board of Education regulations. L.2019, c.338, s.5.

N.J. Stat. § 18A:35-39 Information available on website.

6. A school district shall make detailed information available on its website regarding the policies and procedures used to identify students as gifted and talented and the continuum of services offered to gifted and talented students. The information shall include the criteria used for consideration for eligibility for the gifted and talented services, including the multiple measures used in the identification process to match a student's needs with services, and any applicable timelines in the identification process. L.2019, c.338, s.6.

N.J. Stat. § 18A:35-40 Findings, declarations relative to civics education in public schools.

1. The Legislature finds and declares that: a. New Jersey law requires school districts to provide a two-year course of United States history in high school, which is supposed to include curriculum on civics, economics, and the history of the State of New Jersey; however, most school districts' curricula focus solely on a chronology of United States history in meeting this statutory requirement; b. New Jersey law also requires school districts to adopt a course of study about New Jersey history, geography, and community civics in an elementary grade; however, there are no social studies requirements for middle school; c. Civic literacy and engagement are essential to maintaining a representative democracy; d. Unlike 40 other states, New Jersey does not require school districts to provide a specific course in civics; e. By age 10, students possess the higher order thinking skills necessary for a rigorous, reflective course in civics; f. Independent studies conclude that well-designed civics education fosters an understanding and appreciation of democracy and the skills needed for participation in a democratic society; g. Requiring students to complete a civics course in middle school will ensure that all New Jersey students have the opportunity to gain the knowledge and skills for active citizenship; h. Professional development for teachers is critical to ensure effective classroom instruction; and i. The New Jersey Center for Civic Education at Rutgers, The State University has substantial expertise and 30 years of experience providing professional development, sample curricula, and resources for New Jersey teachers. L.2021, c.185, s.1.

N.J. Stat. § 18A:35-41 Provision of course of study in civics.

3. Beginning in the 2022-2023 school year, each board of education shall provide a course of study in civics, which shall be taken by all students in an appropriate middle school grade. The course shall address: the values and principles underlying the American system of constitutional democracy; the function and limitations of government; and the role of a citizen in a democratic society. The board shall ensure that the course of study includes a minimum of two quarters of instruction, or the equivalent. L.2021, c.185, s.3.

N.J. Stat. § 18A:35-42 Provision of materials, online resources.

4. The New Jersey Center for Civic Education at Rutgers, the State University shall provide a clearinghouse of materials, an online resource center, technical assistance, professional development and any other activities to encourage the integration of civics, economics, and New Jersey history in the teaching of United States history pursuant to N.J.S.18A:35-1 and N.J.S.18A:35-2 and to enhance the middle school civics course of study as required pursuant to section 3 of this act. The Legislature shall annually appropriate such sums as are necessary to effectuate the purposes of this act to the New Jersey Center for Civic Education at Rutgers, the State University. L.2021, c.185, s.4.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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