The following provides a summary of noteworthy education-related activity at the State House over the past two weeks.
On the Governor’s Desk
The Senate held a voting session on Monday, Oct. 28, and gave final legislative approval to advance the following bills affecting New Jersey school districts. Both measures passed the Assembly earlier this session:
Freedom to Read A-3446/S-2421, also known as the “Freedom to Read Act,” establishes various requirements for material in public school libraries and public libraries. It also aims to protect school library staff from harassment. Under the bill, all boards of education will need to adopt policies on the curation of school library material and requests for the removal of any such material from the school library. These policies will be subject to various minimum requirements, but the board of education will maintain control over such policies.
The New Jersey School Boards Association supports the overall spirit and intent of the bill and worked closely with the sponsors and other stakeholders to develop this most recent version of the legislation. During committee deliberations, the NJSBA cited its official policy concerning academic freedom and student access to instructional and library materials. In particular, the Association referred to the following policy language adopted at the December 2023 Delegate Assembly:
The NJSBA believes that boards of education have the responsibility to ensure all instructional materials are age-appropriate, complement the district curriculum and/or student support programs, facilitate critical thinking, further learning, and are congruent with local community preferences. In light of this belief, a board of education book selection process should only restrict access to or exclude a book or other learning materials from its curriculum, library, or other support resources following a process that evaluates the book or materials in a manner that is consistent with the constitutional and statutory protections afforded individuals by the state.
Read the NJSBA’s full position statement on the bill.
More Details …
Under the bill, the commissioner of education will develop model policies to assist boards of education in complying with its requirements. The NJSBA is explicitly named in the bill as one of the organizations that the commissioner is required to consult with in developing both of these model policies. The state librarian and the New Jersey Association of School Librarians will also be consulted.
According to the bill, the purpose of the curation policy is to: provide standards for the curation of library material; establish criteria for the removal of existing school library material or material selected for inclusion in the library; and provide protection against attempts to censor library material. The policies shall:
- Recognize that library material should be provided for the interest, information and enlightenment of all students and should present diverse points of view.
- Acknowledge that library material shall not be removed from a library because of the origin, background, or views of the material or those contributing to its creation.
- Recognize the importance of school libraries as centers for voluntary inquiry and the dissemination of information and ideas.
- Promote the free expression and free access to ideas by students by prohibiting the censorship of library material. (Note: “Censorship,” as defined in the bill, does not include the limiting or restricting of access to any library material deemed developmentally inappropriate for certain students.)
- Acknowledge that a school library media specialist is professionally trained to curate and develop the school library collection that provides students with access to the widest array of developmentally appropriate library material.
- Establish a procedure for a school library media specialist to review library material within a school library on an ongoing basis.
Boards of education will have discretion over the selection, purchase or acquisition of school library material. Nothing in the bill will require a board to acquire any library material, nor will it restrict the board’s authority to select textbooks and supplies related to the curriculum.
The bill delineates the following components that must be included in the removal policy:
- Provide for the creation of a request for removal form, based on a model removal form developed by the New Jersey Department of Education.
- Require the principal to forward any request to the superintendent, who will appoint a review committee consisting of the following: The superintendent (or designee), the principal of the school (or designee), the school library media specialist or a school library staff member, a representative selected by the board of education, at least one grade-appropriate teacher familiar with the material and a parent or guardian of a student enrolled in the district.
At the discretion of the superintendent, in cases where a student enrolled in the district in grades nine through 12 filed the removal form, a student may volunteer to serve.
Any additional members the superintendent deems necessary. - Require that the challenged material remain within the library until there is a final decision reached by the board of education on whether to remove it.
- Require the review committee to evaluate the request for removal form, review the challenged material and report its recommendations on whether to remove the library material to the board of education no later than 60 school days from the date of the next regularly scheduled board meeting.
- Require the board of education to review the report and make a final determination on whether the material is to be removed from the library or limited in use. The board shall provide a written statement of reasons for the removal, limitation, or non-removal of a material, as well as any final determination that is contrary to the committee’s recommendations. This statement will be posted on the board’s website.
Any library material challenged under policy may not be subject to a subsequent challenge for at least one year. Districts will also be permitted to consolidate requests for removal of the same material. Removal requests may be submitted by any of the following individuals deemed to have a “vested interest” in the school: a teacher, a parent/guardian of a student, or an enrolled student. The form shall require the requestor to specify which sections of the material the individual objects to and an explanation of the reasons for the objection.
The bill prohibits a board of education from engaging in censorship or from removing material because of the origin, background or views of the material. Students will be granted the right to check out any developmentally appropriate material. In addition, school library staff will be granted civil and criminal immunity, so long as they perform their duties in good faith.
Type 1 Diabetes Awareness A-4148/S-3057 requires the New Jersey Department of Health, in consultation with the New Jersey Department of Education, to develop informational materials on Type 1 diabetes. The bill also requires that the materials be posted to the New Jersey Department of Education’s website. School districts are to make the informational materials available to the parents or guardians of the students enrolled in the district.
The NJSBA supports the bill.
Passed by the Senate
The full Senate also approved the following bills that now head to the General Assembly:
Latino and Hispanic American History Instruction S-2335/S-3096 would require the State Board of Education to adopt New Jersey Student Learning Standards in Social Studies on Latino and Hispanic American history at its next scheduled update of those content area standards. A board of education must include this instruction – which is to be historically accurate, culturally relevant, community-based, contemporary and developmentally appropriate – in an appropriate place in the curriculum of students in grades K-12. The Commissioner of Education, in consultation with the Commission on Latino and Hispanic Heritage, would be required to provide school districts with sample learning activities and resources to support the implementation of these standards.
The NJSBA supports the bill. Its counterpart in the Assembly, A-3871, has not yet moved.
Common Applications and Web Portals for Educators S-2498/S-2505 would require the NJDOE to establish – or contract with a private vendor to establish – a web portal for educators, including substitute teachers, to submit common applications for employment at a New Jersey public school. The portal would be designed to maintain high standards for data privacy and security while increasing information sharing about employment opportunities. The bill would not prevent a school district or public school employer from using its own application process or web portal, or from requiring additional materials from applicants who apply using the NJDOE’s common application and web portal.
The NJSBA supports the bill. A counterpart has not yet been introduced in the Assembly.
Recognizing Paraprofessionals SJR-76 designates the second Friday of December of each year as “Paraprofessional and School-Related Personnel in Our Schools Day” in New Jersey to recognize the contributions of paraprofessionals and school-related personnel.
The NJSBA supports the resolution.
Passed by the Assembly
The Assembly held a voting session on Monday, Oct. 28, and advanced the following bill affecting New Jersey school districts:
Supplemental Tutoring Registry A-1997 would direct the NJDOE to establish and maintain a central, searchable registry of individuals and organizations interested in offering free tutoring services to students throughout the state. The registry would contain the name, contact information, subject matter expertise and a tutoring availability schedule of each registrant. The NJDOE would be required by the bill to make the registry publicly available to all New Jersey residents on its website. The bill lists groups of individuals and organizations who would be eligible to apply for inclusion on the registry and would require those applying to undergo a criminal history record check prior to inclusion, which may be reimbursable by the NJDOE. Finally, the bill would require the NJDOE to inform users of the registry that the information provided on individuals and organizations listed on the registry has not been independently verified and is not meant to be an endorsement or recommendation by the department as to the quality of the tutoring services offered.
The NJSBA supports the bill. Its counterpart in the Senate has not yet moved.
Assembly Education Committee
The Assembly Education Committee met Monday, Oct. 21, and advanced the following relevant bills:
Sunscreen Policy A-1028 would require school districts to adopt policies concerning student use of sunscreen and sun-protective clothing at school and school-sponsored functions. The policy would not require a student to provide documentation from a physician or other licensed health care professional but may require written permission from a student’s parent or guardian. The policy would not require school personnel to assist a student in applying sunscreen.
The NJSBA supports the bill. Its counterpart in the Senate, S-1548, has not yet moved.
Anonymous Threat Reporting A-1792 would direct the attorney general, in consultation with the New Jersey Education and Law Enforcement Working Group, to establish a program for anonymous reporting of potential threats to school safety. The bill would require that information received through the program be promptly shared with the appropriate law enforcement agencies or school officials. Training would be provided to law enforcement dispatch centers, all public and nonpublic schools, and other entities determined by the attorney general on awareness of the program and appropriate response to tips received through the program. Proper guidelines would be provided to students regarding the procedures for reporting potential threats to school safety, and program awareness and education materials would be provided to all public and nonpublic schools in the state. The bill would also require the attorney general to annually prepare a report on the program.
The NJSBA supports the bill. Its counterpart in the Senate, S-1684, has not yet moved.
Nonpublic Auxiliary and Remedial Aid A-4854 would amend the laws governing the allocation of state aid for auxiliary services and remedial services to nonpublic school students. It would require the commissioner of education to establish a process by which school districts are to be reimbursed for costs that are incurred to provide those services. The maximum per-service aid amounts established by the commissioner would be based on projected estimates, for the upcoming school year, of the number of services to be provided, students eligible for each service, and the costs of providing the services. The method by which the commissioner establishes the maximum per service aid amounts is required to ensure that, to the greatest extent possible, the amounts annually appropriated for auxiliary services and remedial services are fully exhausted by the end of the school year for which the maximum amounts are established.
The NJSBA is monitoring the bill. A counterpart has not yet been introduced in the Senate.
Assembly Science, Innovation and Technology Committee
The Assembly Science, Innovation and Technology Committee met Monday, Oct. 21, and advanced the following bill affecting New Jersey school districts:
Artificial Intelligence Surveillance Systems A-4639 would require a board of education of a school district that utilizes a video surveillance system with artificial intelligence capabilities to adopt a policy regarding the use of that system. The policy, at a minimum, would need to: include information on the surveillance system installed by the district, including the benefits and challenges of utilizing the system; identify the type of information that is to be collected through the surveillance system; include information on how the board plans to utilize the information obtained through the surveillance system; address the board’s plan to provide access to the information obtained through the surveillance system; and require the board to post signage in a prominent, public place in buildings and on school grounds where the surveillance system may be used. Such signage would be required to indicate that a surveillance system with artificial intelligence capabilities is in use in the building or on the school grounds. Finally, a board of education that would be required to establish a policy under this bill would also be required to distribute the policy to the parents and guardians of students within the district.
The NJSBA did not take a formal position on the bill. The Association has engaged in discussions with the sponsor to express general support for the goal of the legislation but wants to ensure any security and privacy concerns are addressed as the bill moves forward. A counterpart has not yet been introduced in the Senate.
To view the full text of any of the bills summarized above, please visit the New Jersey Legislature’s website.
