Bill Text: NJ A4801 | 2022-2023 | Regular Session | Introduced
Bill Title: Directs State Board of Education to rescind New Jersey Student Learning Standards in Comprehensive Health and Physical Education and directs boards of education to establish Parental Advisory Committees and adopt standards for health instruction.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-10-20 - Introduced, Referred to Assembly Education Committee [A4801 Detail]
Download: New_Jersey-2022-A4801-Introduced.html
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Directs State Board of Education to rescind New Jersey Student Learning Standards in Comprehensive Health and Physical Education and directs boards of education to establish Parental Advisory Committees and adopt standards for health instruction.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning New Jersey Student Learning Standards in Comprehensive Health and Physical Education, supplementing chapter 35 of Title 18A of the New Jersey Statutes, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The State Board of Education shall rescind the New Jersey Student Learning Standards in Comprehensive Health and Physical Education adopted by the board on June 3, 2020. The board shall be prohibited from adopting any future Student Learning Standards in Comprehensive Health and Physical Education or from mandating any similar curriculum requirements or standards in the subjects of health and physical education.
b. Each local board of education shall establish a Parental Advisory Committee to work with the board and school district personnel in the development of curriculum standards for the instruction of students in the subjects of health and physical education. Members of the committee shall be reflective of the parents and guardians of students enrolled in the district. Any meeting of the committee shall be open to members of the public. The recommendations of the committee shall be posted on the school district's website for public inspection.
c. Within 180 days of the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), each local board of education shall adopt curriculum standards for the instruction of students in the subjects of health and physical education.
2. Section 1 of P.L.2005, c.310 (C.18A:6-111) is amended to read as follows:
1. The Legislature finds and declares that:
a. Suicide is a leading cause of death for young people in this State. According to the Center for Health Statistics in the New Jersey Department of Health and Senior Services, between 1999 and 2001 more than 1,500 young people ages 13 to 18 made suicide attempts which resulted in hospitalization. More than 50 of these attempts were fatal. When young people up to 24 years of age are added to the equation, the number of attempted suicides rises to 3,000 and the number of fatalities rises to nearly 200.
b. A suicide can devastate a community. According to the National Alliance for the Mentally Ill (NAMI), suicide severely impacts the families and friends left behind, who often wrongly live with extreme shame and guilt over not having prevented the deathof their loved one. Moreover, many attempts which do not result in death nonetheless end in serious injury to the victims and lifelong trauma to their families and those who know them.
c. A person who is considering suicide may exhibit behavioral warning signs. If someone notices the warning signs of suicide, it may be possible to avert a tragedy. With the possible exception of a parent, no one is better situated than a teacher to detect these signs and to initiate appropriate steps to prevent a suicide attempt. Proper training for teaching staff members can thus save pupils' lives and save the families and friends of would-be victims the trauma of a suicide or suicide attempt. Moreover, early identification of depression and other problems may help to reduce the number of young people who commit or attempt to commit suicide once they have left school and entered adulthood.
d. It is therefore appropriate for the Legislature to require [:] the State Board of Education to require instruction in suicide prevention as part of any continuing education which public school teaching staff members must complete to maintain their certification [; and inclusion of suicide prevention awareness in the Core Curriculum Content Standards in Comprehensive Health and Physical Education].
(cf: P.L.2005, c.310, s.1)
3. Section 3 of P.L.2005, c.310 (C.18A:6-113) is amended to read as follows:
3. [Within 180 days of the effective date of this act, the State Board of Education] Each local board of education shall [revise the Core Curriculum Content Standards in Comprehensive Health and Physical Education to] , as part of its implementation of curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), provide for instruction in suicide prevention in an appropriate place in the curriculum of elementary school, middle school, and high school pupils.
(cf: P.L.2005, c.310, s.3)
4. Section 3 of P.L.2008, c.48 (C.18A:7F-4.3) is amended to read as follows:
3. a. [The State Board of Education] Each local board of education, in consultation with the organ procurement organizations designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey, shall [review the Core Curriculum Content Standards for Comprehensive Health and Physical Education to] , as a part of its implementation of curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), ensure that information about organ donation is included therein to students in grades 9 through 12 [, beginning with the 2009-2010 school year].
(1) The goals of the instruction shall be:
(a) to emphasize the benefits of organ and tissue donation to the health and well-being of society generally, and to individuals whose lives are saved by organ and tissue donations, so that students will be motivated to make an affirmative decision to register as a donor when they become adults;
(b) to fully address myths and misunderstandings regarding organ and tissue donation;
(c) to explain the options available to adults, including the option of designating a decision-maker to make the donation decision on one's behalf; and
(d) to instill an understanding of the consequences when an individual does not make a decision to become an organ donor and does not register or otherwise record a designated decision-maker;
(2) The instruction shall inform students that [beginning five years from the date of enactment of P.L.2008, c.48 (C.26:6-66 et al.),] the New Jersey Motor Vehicle Commission will not issue or renew a New Jersey driver's license or personal identification card unless a prospective or renewing licensee or card holder makes an acknowledgement regarding the donor decision pursuant to section 8 of P.L.2008, c.48 (C.39:3-12.4).
b. The Commissioner of Education, through the non-public school liaison in the Department of Education, shall make any related instructional materials available to private schools educating students in grades 9 through 12, or any combination thereof. Such schools are encouraged to use the instructional materials at the school; however, nothing in this subsection shall be construed to require such schools to use the materials.
(cf: P.L.2008, c.48, s.3)
5. Section 1 of P.L.2019, c.185 (C.18A:35-4.5a) is amended to read as follows:
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]
its curriculum standards in health and physical education adopted pursuant
to section 1 of P.L. , c. (C. )
(pending before the Legislature as this bill). [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].
(cf: P.L.2019, c.185, s.1)
6. Section 6 of P.L.2011, c.64 (C.18A:35-4.23a) is amended to read as follows:
6. a. [Beginning with the 2011-2012 school year, each] 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] its curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
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.
(cf: P.L.2011, c.64, s.6)
7. Section 1 of P.L.2007, c.22 (C.18A:35-4.26) is amended to read as follows:
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] its curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2007, c.22, s.1)
8. Section 1 of P.L.2014, c.36 (C.18A:35-4.28) is amended to read as follows:
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] its curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(cf: P.L.2014, c.36, s.1)
9. Section 2 of P.L.2018, c.80 (C.18A:35-4.33) is amended to read as follows:
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] its curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). [The Commissioner of Education shall provide school districts with age-appropriate sample learning activities and resources designed to implement this requirement.]
(cf: P.L.2018, c.80, s.2)
10. Section 2 of P.L.2019, c.16 (C.18A:35-4.38) is amended to read as follows:
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] its curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). 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].
(cf: P.L.2019, c.16, s.2)
11. Section 1 of P.L.2019, c.222 (C.18A:35-4.39) is amended to read as follows:
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] its curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The instruction shall include, as appropriate, information on substance abuse 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] Each local board of education shall [review and update the New Jersey Student Learning Standards in Comprehensive Health and Physical Education to] ensure [the incorporation of] its curriculum standards in health and physical education include 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.]
(cf: P.L.2019, c.222, s.1)
12. Section 1 of P.L.2019, c.250 (C.18A:35-4.40) is amended to read as follows:
1. The [Department of Education] local board of education shall [review the New Jersey Student Learning Standards for Comprehensive Health and Physical Education to] , as part of its implementation of the curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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.
(cf: P.L.2019, c.250, s.1)
13. Section 1 of P.L.1999, c.128 (C.18A:35-5.4) is amended to read as follows:
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] its curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1999, c.128, s.1)
14. Section 1 of P.L.2016, c.46 (C.18A:40A-2.1) is amended to read as follows:
1. a. [The Department of Education, in consultation with the Division of Addiction Services in the Department of Human Services, shall review the Core Curriculum Content Standards in Comprehensive Health and Physical Education to] Each local board of education shall ensure that [guidance for substance abuse instruction] its curriculum standards in health and physical education adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) incorporates the most recent evidence-based standards and practices for substance abuse instruction.
b. [Within 120 days of the effective date of this act, the department shall issue a written report to the Governor, to the State Board of Education, and to the Legislature as provided under section 2 of P.L.1991, c.164 (C.52:14-19.1), with its determination on whether the Core Curriculum Content Standards in Comprehensive Health and Physical Education adequately incorporate the most recent evidence-based standards and practices pursuant to subsection a. of this section. If the department determines that the Core Curriculum Content Standards in Comprehensive Health and Physical Education need to be revised, it shall propose the revisions to the State board within 12 months of the report's submission.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(cf: P.L.2016, c.46, s.1)
15. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill directs the State Board of Education to rescind the New Jersey Student Learning Standards in Comprehensive Health and Physical Education, which were most recently adopted by the board on June 3, 2020. Under the bill, the board will be prohibited from adopting any future Student Learning Standards in Comprehensive Health and Physical Education or from mandating any similar curriculum requirements or standards in the subjects of health and physical education. The bill directs each local board of education to establish a Parental Advisory Committee to work with the board and school district personnel in the development of curriculum standards for the instruction of students in the subjects of health and physical education. Under the bill, committee membership is required to be reflective of the parents and guardians of students enrolled in the district. The bill requires any meeting of the committee to be open to members of the public and requires that the committee's recommendations are posted on the school district's website for public inspection. The bill directs local boards of education to, within 180 days of the bill's enactment, adopt curriculum standards for the instruction of students in the subjects of health and physical education.
The bill amends numerous sections of law that pertain to the development of, or requirements within, the New Jersey Student Learning Standards in Comprehensive Health and Physical Education. The bill maintains these instruction requirements, but provides that the instruction will be given as part of a local school district's implementation of the curriculum standards in health and physical education adopted by the local board pursuant to the bill's provisions. These sections of law require public school instruction on the topics of: suicide prevention; organ donation; sexual abuse and assault; dating violence; gang violence; cardiopulmonary resuscitation; sexting; consent for physical contact and sexual activity; mental health; the "New Jersey Safe Haven Infant Protection Act"; breast self-examination; and substance abuse. The bill removes any provisions within these sections of law that require the Department of Education to provide sample learning activities, resources, or materials to local school districts on these topics.
