reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-4.37 - Finding and declaration relative to sexual assault

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-4.38 - Incorporation of age-appropriate instruction relative to consent for physical contact and sexual activity

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-4.39 - Health curriculum to include instruction on mental health.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-4.40 - Information about "New Jersey Safe Haven Infant Protection Act" included in public school curriculum.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-4.41 - Age appropriate information required.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-4.42 - Findings, declarations relative to the Amistad Commission.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-4.43 - Infusion of African American accomplishments into school curricula.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-4.44 - Asian American, Pacific Islander history, contributions; instruction included in curriculum.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-5 - Maintenance of physical training courses; features

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-5.1 - Curriculum guidelines, Lyme disease, tick-borne disease prevention.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-5.1a - Findings, declarations.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-5.2 - Curriculum guidelines, availability, incorporation, consultation.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-5.3 - Guidelines for, training of teachers instructing infected students

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-5.4 - Instruction on breast self-examination required

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-6 - Supervision of instruction

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-7 - Course required

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-9 - Qualifications of teachers; instruction of college pupils

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-10 - Military training course; when required; preparation

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-11 - Military training; referendum

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-12 - Result of election; establishment of course

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-13 - Expenses of maintaining military training

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-14 - Instructors in military training; qualifications; salary

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-15 - Legislative findings

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-16 - Definitions

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-17 - Identification and classification of children of limited English-speaking ability

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-18 - Programs in bilingual education; establishment; number of pupils; waiver

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-19 - Period of continuance of participation by pupil

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-19.1 - Transfer of bilingual pupil to English-only program

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-19.2 - Appeal of placement decision

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-19.3 - Rules, regulations

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-20 - Participation in courses in which verbalization unessential to understanding of subject matter; location of and children in bilingual programs

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-21 - Joint establishment by school districts

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-22 - Notification of parents; involvement in programs

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-22.1 - Removal of pupil from bilingual education program

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-23 - Implementation of provisions

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-24 - State Advisory Committee on Bilingual Education; establishment; membership

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-25 - Financial support to institutions of higher education

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-26 - Developmental activities

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-26.1 - Guidance on identifying English language learners for gifted and talented programs.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-27 - Findings, declarations

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-28 - Instruction on Holocaust, genocides required in elementary, secondary school curriculum

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-30 - Definitions relative to alternative education programs.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-31 - Operation of alternative education program permitted.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-32 - Agreement for provision of services to out-of-district student.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-33 - Regulations.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-35 - Definitions relative to gifted and talented students.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-36 - Instructional adaptations, educational services for gifted and talented students.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-37 - Coordinator for gifted and talented services.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-38 - Complaint for noncompliance.

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.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:35-39 - Information available on website.

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.