S2275

An Act concerning cheerleading, amending and supplementing Title 18A of the New Jersey Statutes, and supplementing P.L.1987, c.238 (C.56:8-39 et seq.).

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

1. (New section) a. The New Jersey State Interscholastic Athletic Association shall establish cheerleading as an interscholastic athletic program. In accordance with procedures for existing interscholastic programs, the association shall set forth guidelines governing student participation in cheerleading and shall conduct cheerleading tournaments between member schools.

b. The association shall require any coach of cheerleading to receive training specific to the sport of cheerleading and the safety of cheerleaders.

2. (New section) In consultation with the New Jersey Cheerleading and Dance Coaches Association, Inc., the New Jersey State Interscholastic Athletic Association shall establish cheerleading coach and program safety requirements for all student athletes, recreational athletes, and competitive athletes, such as All-Stars.

3. Section 1 of P.L.2007, c.125 (C.18A:40-41) is amended to read as follows:

1. a. The Commissioner of Education, in consultation with the Commissioner of Health, the American Heart Association, and the American Academy of Pediatrics, shall develop a pamphlet that provides information about sudden cardiac arrest to student-athletes and the parents or guardians of student athletes and shall post the information on the Department of Education's website. The pamphlet shall include: an explanation of sudden cardiac arrest; its incidence among student athletes; a description of early warning signs, including fainting, labored breathing, chest pains, dizziness and abnormal heart rate, and the risks associated with continuing to play or practice after experiencing one or more of the symptoms; an overview of the options that are privately available to screen for cardiac conditions that may lead to sudden cardiac arrest, including a statement about the limitations of these options ; and a form to be signed by the student athlete and his parent or guardian acknowledging receipt and review of the pamphlet.

b. The commissioner shall distribute the pamphlet, at no charge, to all school districts and nonpublic schools in the State and shall update the pamphlet as necessary.

c. Each school district and nonpublic school shall distribute the pamphlet to the parents or guardians of students participating in athletic activities.

d. A student participating in or desiring to participate in an athletic activity and the student's parent or guardian shall, each year and prior to participation by the student in an athletic activity, sign and return to the student's school the form developed by the commissioner pursuant to subsection a. of this section acknowledging the receipt and review of the informational pamphlet.

e. As used in this section, "athletic activity" means: interscholastic athletics; an athletic contest or competition, other than interscholastic athletics, that is sponsored by or associated with a school district or nonpublic school, including [cheerleading and] club-sponsored sports activities; and any practice or interschool practice or scrimmage for those activities.

(cf: P.L.2013, c.209, s.7)

4. Section 2 of P.L.2013, c.209 (C.18A:40-41f) is amended to read as follows:

2. As used in sections 3 through 5 of P.L.2013, c.209 (C.18A:40-41g through C.18A:40-41i), "athletic activity" means: interscholastic athletics; an athletic contest or competition, other than interscholastic athletics, that is sponsored by or associated with a school district or nonpublic school, including [cheerleading and] club-sponsored sports activities; and any practice or interschool practice or scrimmage for those activities.

(cf: P.L.2013, c.209, s.2)

5. Section 6 of P.L.2013, c.209 (C.18A:40-41j) is amended to read as follows:

6. All nonprofit youth-serving organizations as defined in section 1 of P.L.1999, c.432 (C.15A:3A-1) including, but not limited to, Little Leagues, Babe Ruth Leagues, Pop Warner Leagues, Police Athletic Leagues, [and] youth soccer leagues, and recreational cheerleading squads, which organize, sponsor, or are otherwise affiliated with youth athletic events, are encouraged to:

a. direct the parent or guardian of each child participating in a youth athletic event to the sudden cardiac arrest information posted on the Department of Education's website pursuant to section 1 of P.L.2007, c.125 (C.18A:40-41); and

b. follow the protocol concerning removal-from-play established pursuant to section 4 of P.L.2013, c.209 (C.18A:40-41h) of a child who exhibits symptoms or early warning signs of sudden cardiac arrest during a youth athletic event, or who exhibits symptoms or early warning signs of sudden cardiac arrest at any time prior to or following a youth athletic event.

(cf: P.L.2013, c.209, s.6)

6. Section 2 of P.L.2010, c.94 (C.18A:40-41.2) is amended to read as follows:

2. a. The Department of Education shall work to develop and implement, by the 2011-2012 school year, an interscholastic athletic head injury safety training program. The program shall be completed by a school physician, a person who coaches a public school district or nonpublic school interscholastic [sport or cheerleading] sports program, and an athletic trainer involved in a public or nonpublic school interscholastic sports program [or cheerleading program]. The safety training program shall include, but need not be limited to, the following:

(1) the recognition of the symptoms of head and neck injuries, concussions, and injuries related to second-impact syndrome; and

(2) the appropriate amount of time to delay the return to competition or practice of a student-athlete [or cheerleader] who has sustained a concussion or other head injury.

b. The department shall update the safety training program as necessary to ensure that it reflects the most current information available on the nature, risk, and treatment of sports-related concussions and other head injuries.

c. The department shall develop an educational fact sheet that provides information about sports-related concussions and other head injuries. A school district or a nonpublic school that participates in an interscholastic sports program [or cheerleading program] shall distribute the educational fact sheet annually to the parents or guardians of student-athletes [and cheerleaders] and shall obtain a signed acknowledgment of the receipt of the fact sheet by the student-athlete [or cheerleader] and his parent or guardian.

(cf: P.L.2011, c.168, s.1)

7. Section 3 of P.L.2010, c.94 (C.18A:40-41.3) is amended to read as follows:

3. a. Each school district shall develop a written policy concerning the prevention and treatment of sports-related concussions and other head injuries among student-athletes [and cheerleaders]. The policy shall include, but need not be limited to, the procedure to be followed when it is suspected that a student-athlete [or cheerleader] has sustained a concussion or other head injury. When developing the district policy, a school district shall review the model policy established by the Commissioner of Education pursuant to subsection b. of this section, the policies established by the New Jersey State Interscholastic Athletic Association, the National Collegiate Athletic Association, and the recommendations made by the Brain Injury Association of New Jersey Concussion in Sports Steering Committee, the Athletic Trainers' Society of New Jersey, and other organizations with expertise in the area of preventing or treating sports-related concussions and other head injuries among student-athletes [and cheerleaders]. Each school district shall implement the policy by the 2011-2012 school year.

The policy shall be reviewed annually, and updated as necessary, by the district to ensure that it reflects the most current information available on the prevention, risk, and treatment of sports-related concussions and other head injuries.

b. To assist school districts in developing policies concerning the prevention and treatment of sports-related concussions and other head injuries among student-athletes [and cheerleaders], the Commissioner of Education shall develop a model policy applicable to grades kindergarten through 12. This model policy shall be issued no later than March 31, 2011.

(cf: P.L.2011, c.168, s.2)

8. Section 4 of P.L.2010, c.94 (C.18A:40-41.4) is amended to read as follows:

4. A student who participates in an interscholastic sports program [or cheerleading program] and who sustains or is suspected of having sustained a concussion or other head injury while engaged in a competition or practice shall be immediately removed from the competition or practice. A student-athlete [or cheerleader] who is removed from competition or practice shall not participate in further sports [or cheerleading] activity until [he] the student is evaluated by a physician or other licensed healthcare provider trained in the evaluation and management of concussions, and receives written clearance from a physician trained in the evaluation and management of concussions to return to competition or practice.

(cf: P.L.2011, c.168, s.3)

9. Section 5 of P.L.2010, c.94 (C.18A:40-41.5) is amended to read as follows:

5. a. A school district and nonpublic school shall not be liable for the injury or death of a person due to the action or inaction of persons employed by, or under contract with, a youth sports team organization that operates on school grounds, if the youth sports team organization provides the district or nonpublic school, as applicable, with the following:

(1) proof of an insurance policy of an amount of not less than $50,000 per person, per occurrence insuring the youth sports team organization against liability for any bodily injury suffered by a person; and

(2) a statement of compliance with the school district or nonpublic school's policies for the management of concussions and other head injuries.

b. As used in this section, a "youth sports team organization" means one or more sports teams or squads organized pursuant to a nonprofit or similar charter or which are member teams in a league organized by or affiliated with a county or municipal recreation department.

(cf: P.L.2010, c.94, s.5)

10. (New section) A health club with a membership of at least six cheerleaders holding a health club services contract, or with a cheerleading squad or team holding a group health club services contract for membership, shall have at least one safety harness available for use by the cheerleaders or squad.

11. Sections 1 through 9 of this act shall take effect immediately and section 10 shall take effect on the first day of the seventh month after the date of enactment.

STATEMENT

The bill requires the New Jersey State Interscholastic Athletic Association (NJSIAA) to establish cheerleading as an interscholastic athletic program, and requires certain health clubs (e.g. gyms and fitness centers) to have a safety harness available for use by cheerleaders.

In accordance with procedures for existing interscholastic programs, the bill requires the NJSIAA to set forth guidelines governing student participation in cheerleading and to conduct cheerleading tournaments between member schools. The bill also requires the NJSIAA, in consultation with the New Jersey Cheerleading and Dance Coaches Association, Inc., to establish cheerleading coach and program safety requirements for all student athletes, recreational athletes, and competitive athletes, such as All-Stars. The NJSIAA also is to require any cheerleading coach to receive training specific to the sport of cheerleading and the safety of cheerleaders.

The bill’s provisions further require a health club with a membership of at least six cheerleaders holding a health club services contract, or with a cheerleading squad or team holding a group health club services contract for membership, to have at least one safety harness available for use by the cheerleaders or squad.

Finally, the bill amends existing law to include cheerleading with references to youth sports teams and organizations, such as other recreational sports leagues. By directing the NJSIAA to include cheerleading as an “interscholastic sport” and “athletic activity,” separate references to cheerleaders or cheerleading programs would then be deleted from current law.