Bill Text: NJ A4076 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires school districts to provide daily recess period for students in grades kindergarten through 5; permits denial of recess for violation of code of student conduct but student must be provided restorative justice activities.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2018-06-21 - Substituted by S847 (3R) [A4076 Detail]

Download: New_Jersey-2018-A4076-Introduced.html

ASSEMBLY, No. 4076

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 4, 2018

 


 

Sponsored by:

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

     Requires school districts to provide daily recess period for students in grades kindergarten through 5; permits denial of recess for violation of code of student conduct but student must be provided restorative justice activities.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning recess in public elementary schools and supplementing chapter 35 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     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 or 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.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires a public school district to provide a daily recess period of at least 20 minutes for students in grades kindergarten through 5. The recess period is to be held outdoors, if feasible. Under the bill, a student may not be denied recess for any reason, other than as a consequence of a violation of the district's code of student conduct, including a harassment, intimidation, or bullying (HIB) investigation, and a student may not be denied recess more than twice per week.  If a student is denied recess, however, the student must be provided restorative justice activities during the recess period.  The bill's provisions would not prohibit school staff from denying recess based on medical advice or a student's 504 plan.  Also, a school district would not be required to provide a recess period on a substantially shortened school day.  The bill provides that recess will not be permitted to be used to meet the current statutory requirements regarding the provision of health, safety, and physical education courses in public schools, which are set forth in State law at N.J.S.18A:35-5.

     The bill defines "restorative justice activities" as activities that are 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.

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