Bill Text: NJ A4544 | 2026-2027 | Regular Session | Introduced
Bill Title: Establishes requirements for students engaging in certain bias-related conduct.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced) 2026-03-10 - Introduced, Referred to Assembly Education Committee [A4544 Detail]
Download: New_Jersey-2026-A4544-Introduced.html
Sponsored by:
Assemblyman KENYATTA STEWART
District 35 (Bergen and Passaic)
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Establishes requirements for students engaging in certain bias-related conduct.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning student behavior and supplementing chapter 37 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The safety and emotional well-being of all students requires early, proactive intervention when discriminatory conduct arises among peers.
b. Children and adolescents are still developing socially, emotionally, and cognitively, and harmful biases can develop if not addressed with guidance, education, and appropriate support.
c. Schools must be a place where every student feels safe, respected, and free from discrimination or hostility.
d. It is the intent of the Legislature to reinforce the State's compelling interest in preventing bias-based and racial discrimination, responding to racially hostile environments, providing anti-discrimination training and education, maintaining a safe and nondiscriminatory learning environment, and complying with State and federal civil rights obligations by ensuring that, when a student engages in conduct reasonably perceived as bias-based or racially discriminatory or demeaning, the response prioritizes understanding of the underlying causes and providing corrective support rather than relying solely on punitive measures.
e. Racially discriminatory or demeaning conduct may include, but is not limited to: the display or creation of racially violent or hateful symbols; the use of language, slurs, or phrases intended to demean or target an individual based on race; or the production of art, drawings, or graffiti that conveys racially biased or threatening messages.
f. Bias-based incidents in New Jersey schools have risen sharply, mirroring Statewide and national trends. According to the New Jersey Office of the Attorney General, the State recorded the highest number of reported bias incidents in nearly 30 years, with more than 2,200 incidents reported in 2022, including acts targeting students in grades kindergarten through 12.
g. Schools remain one of the most common locations for bias incidents, including acts motivated by race, ethnicity, religion, gender identity, sexual orientation, and disability. Recent incidents in New Jersey have included the drawing of swastikas in school bathrooms, antisemitic threats on school property, racial slurs directed at students, and bias-motivated bullying of LGBTQ+ youth.
h. Bias-based conduct in schools creates a hostile educational environment, undermines student safety, and disproportionately harms students from historically marginalized communities.
i. Research demonstrates that early intervention, restorative practices, and structured education reduce repeat incidents and improve school climate.
j. By requiring students who engage in such behavior to meet with a qualified mental health professional, school districts can identify potential emotional, developmental, or environmental factors contributing to the conduct, provide appropriate interventions, and reduce the likelihood of future harm.
k. This approach strengthens student safety, promotes healthier peer relationships, and reinforces the State's commitment to addressing racial bias from an early age.
l. New Jersey has a compelling interest in ensuring that all students learn in an environment free from discrimination, harassment, and intimidation, and that schools respond to bias incidents with consistency, accountability, and educational support.
m. The Legislature, therefore, finds it necessary to establish a stricter Statewide standard for identifying, responding to, and preventing bias-based conduct in schools, including mandatory behavioral intervention plans, restorative practices, staff training, and transparent reporting.
2. As used in sections 3 through 6 of this act:
"Bias act" means any verbal, written, physical, or digital harassment, intimidation, threat, vandalism, or other conduct that is motivated, in whole or in part, by a protected characteristic and that creates a hostile educational environment.
"Bias incident" means any suspected or confirmed bias act, which may include use of a bias symbol, that occurs on school property, at any school-sponsored function, or on a school bus.
"Bias symbol" means any image, drawing, sign, gesture, or depiction historically or contemporarily used to intimidate, demean, or express hostility toward a protected class.
"Protected characteristic" means and includes race, color, ethnicity, national origin, religion, disability status, gender, gender identity or expression, sexual orientation, immigration status, or any other class protected under State or federal law.
"Restorative intervention" means a structured, facilitated process designed to repair harm, promote accountability, and build understanding.
3. a. Notwithstanding any law, rule, or regulation to the contrary, a school district shall require a student determined by the district to have committed any bias incident to meet with the district's State-certified school psychologist once per week for a minimum of nine months. Each school district shall employ one State-certified school psychologist with expertise in student counseling and training in implicit bias, racial equity, or cultural competence or humility to provide the services required pursuant to this subsection to the schools of the district.
b. Notwithstanding any law, rule, or regulation to the contrary, a school district shall place a student in an alternative education program under the following circumstances:
(1) a student's parent or guardian refuses to consent to student participation in the meetings required pursuant to subsection a. of this section; or
(2) a student is reported for engaging in a subsequent bias incident following completion of the meetings required pursuant to subsection a. of this section.
c. When meeting with a student pursuant to subsection a. of this section, a school psychologist shall:
(1) provide educational resources to assist the student in understanding the impact of the student's conduct;
(2) offer a supportive environment for the student to discuss and explore the potential motivation behind the student's conduct; and
(3) seek to determine whether a mental health condition may have contributed to the student's actions.
4. a. Notwithstanding any law, rule, or regulation to the contrary, a school district shall develop and implement a Racial and Bias Intervention Plan for each student determined to have engaged in a bias incident.
b. The Racial and Bias Intervention Plan shall be created by a team of individuals that includes, but is not limited to, an administrator, a school counselor or social worker, the student's parent or guardian, and any other individual the principal determines appropriate.
c. The Racial and Bias Intervention Plan shall include, but not be limited to, the following components:
(1) educational and restorative intervention components that include:
(a) individualized educational sessions addressing the historical and contemporary impact of bias symbols; bias, discrimination, and civil rights; and empathy, harm, and community impact;
(b) a reflective writing or project-based assignment requiring the student to identify the harm caused and steps to repair the harm; and
(c) when agreed to by any targeted student and family, a restorative intervention conference facilitated by trained personnel;
(2) skill-building supports that include:
(a) social-emotional learning interventions addressing impulse control, respectful communication, conflict resolution, and perspective-taking;
(b) regular check-ins with a counselor, case manager, or designated staff member; and
(c) positive reinforcement strategies for demonstrating respectful behavior; and
(3) environmental and supervisory measures that include:
(a) increased adult supervision in locations where the incident occurred;
(b) adjustments to seating, grouping, or transitions when necessary to maintain safety; and
(c) clear, consistent communication of behavioral expectations.
5. a. Notwithstanding any law, rule, or regulation to the contrary, a school district shall report all reported bias incidents to the Department of Education within 72 hours of the report of the incident using a standardized reporting system to be established by the Commissioner of Education. The information reported by a school district shall include, to the extent known, the information included in subsection b. of this section.
b. Notwithstanding any law, rule, or regulation to the contrary, the department shall compile and publish an Annual Statewide Bias in Schools Report that shall include, but not be limited to, the following:
(1) the number and type of bias incidents reported by each district;
(2) the protected characteristics targeted in a bias incident;
(3) the location and context of the bias incident;
(4) the interventions and disciplinary actions taken;
(5) when available, aggregate demographic data; and
(6) identification of trends, emerging concerns, and recommendations for Statewide action.
c. The Annual Statewide Bias in Schools Report shall be made publicly available on the department's Internet website and transmitted to the Governor, the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Attorney General, the State Board of Education, and each school district in the State.
d. The department shall publish quarterly dashboards on the department's Internet website summarizing the Statewide data included in subsection b. of this section in an accessible, user-friendly format.
e. Nothing in this section shall be construed to require the disclosure of personally identifiable information.
6. The provisions of this act shall be construed as supplemental to, and not in conflict with, the "Anti-Bullying Bill of Rights Act," P.L.2002, c.82 (C.18A:37-13 et seq.).
7. The Commissioner of Education, in consultation with the Attorney General, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) that shall include model policies, training standards, reporting protocols, restorative intervention frameworks, and curriculum guidelines. In developing the rules and regulations required pursuant to this section, the commissioner shall consult with at least three Statewide racial justice organizations with demonstrated expertise in addressing bias-based conduct in the areas of race, color, religion or creed, national origin, nationality, ancestry, sex, sexual orientation, or gender identity or expression.
8. This act shall take effect on the 90th day after the date of enactment.
STATEMENT
This bill requires a student determined by a school district to have committed any bias incident on school property, at any school-sponsored function, or on a school bus to meet with the district's State-certified school psychologist once a week for a minimum of nine months. The bill requires each school district to employ one school psychologist with expertise in student counseling and training in implicit bias, racial equity, or cultural competence or humility to provide these services to the schools of the district.
The bill requires a school district to place a student in an alternative education program if: (1) a student's parent or guardian refuses to consent to student participation in the meetings with the school psychologist; or (2) a student is reported for engaging in a subsequent bias incident following completion of the meetings with the school psychologist.
The bill requires a school psychologist meeting with a student pursuant to the provisions of the bill to: (1) provide educational resources to assist the student in understanding the impact of the student's conduct; (2) offer a supportive environment for the student to discuss and explore the potential motivation behind the student's conduct; and (3) seek to determine whether a mental health condition may have contributed to the student's actions.
Under the bill, a school district is required to develop and implement a Racial and Bias Intervention Plan that includes numerous components for each student determined to have engaged in a bias incident.
The bill also requires school districts to report all reported bias incidents to the Department of Education within 72 hours of the report of the incident using a standardized reporting system to be established by the Commissioner of Education. Under the bill, the department is required to compile and publish quarterly dashboards and an Annual Statewide Bias in Schools Report on the department's Internet website that is to include certain listed information.
Finally, the provisions of the bill are to be construed as supplemental to, and not in conflict with, the "Anti-Bullying Bill of Rights Act."
