ASSEMBLY, No. 230
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman GARCIA
An Act regarding criminal acts and pupil discipline in the public schools, amending various parts of the statutory law and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. The escalation of school violence including vandalism and substance abuse has become one of the major impediments to the provision of quality education in the public schools of the State.
b. The total incidents of violence including vandalism and substance abuse has increased by 26% between the 1989-90 school year and the 1991-92 school year. This increase was due primarily to the increase in the number of violent incidents alone by 95% during this time period.
c. In order to combat the rise of violence in the public schools a comprehensive approach which focuses on the prevention and intervention of misbehavior and violent acts in the schools is necessary to enhance the total safety and well-being of the entire school population.
2. Section 1 of P.L.1982, c.163 (C.18A:17-46) is amended to read as follows:
1. a. Any school employee observing or having direct knowledge from a participant or victim of [an act of violence] any criminal act shall, in accordance with standards established by the commissioner, file a report describing the incident to the school principal in a manner prescribed by the commissioner, and copy of same shall be forwarded to the district superintendent.
The principal shall notify the district superintendent of schools of the action taken regarding the incident. Annually, at a public meeting, the superintendent of schools shall report to the board of education all criminal acts [of violence and vandalism].
b. Each board of education shall disseminate to pupils, staff, parents, and the community a telephone number which may be called to anonymously report criminal activities in the public schools. All information received shall be reported to the district superintendent.
c. The principal of the school or a designee shall conduct a locker search, consistent with the constitutional rights of the pupil, whenever information is received that the locker contains a weapon or other illegal object.
(cf: P.L.1982, c. 163, s.1)
3. Section 3 of P.L.1982, c.163 (C.18A:17-48) is amended to read as follows:
3. The Commissioner of Education shall each year submit a report to the Education Committees of the Senate and General Assembly detailing the extent of [violence and vandalism] criminal activities in the public schools and making recommendations to alleviate the problem. The report required by this section may be satisfied through the school report card which may be prepared by the Department of Education.
(cf: P.L.1982, c.163, s.3)
4. N.J.S.18A:37-2 is amended to read as follows:
18A:37-2. Any pupil who is guilty of continued and willful disobedience, or of open defiance of the authority of any teacher or person having authority over him, or of the habitual use of profanity or of obscene language, or who shall cut, deface or otherwise injure any school property, shall be liable to punishment and to suspension or expulsion from school. Punishment may include the performance of community service by the pupil. However, the community service shall be performed on school grounds and no community service shall be required which jeopardizes the health or safety of the pupil or when a pre-existing medical condition precludes the pupil from performing the work.
Conduct which shall constitute good cause for suspension or expulsion of a pupil guilty of such conduct shall include, but not be limited to, any of the following:
a. Continued and willful disobedience;
b. Open defiance of the authority of any teacher or person, having authority over him;
c. Conduct of such character as to constitute a continuing danger to the physical well-being of other pupils;
d. Physical assault upon another pupil;
e. Taking, or attempting to take, personal property or money from another pupil, or from his presence, by means of force or fear;
f. Willfully causing, or attempting to cause, substantial damage to school property;
g. Participation in an unauthorized occupancy by any group of pupils or others of any part of any school or other building owned by any school district, and failure to leave such school or other facility promptly after having been directed to do so by the principal or other person then in charge of such building or facility;
h. Incitement which is intended to and does result in
unauthorized occupation by any group of pupils or others of any part of a school or other facility owned by any school district;
i. Incitement which is intended to and does result in truancy by other pupils; and
j. Knowing possession or knowing consumption without legal authority of alcoholic beverages or controlled dangerous substances on school premises, or being under the influence of intoxicating liquor or controlled dangerous substances while on school premises.
(cf: P.L.1981, c.59, s.1)
5. (New section) Any school which experiences either five or more incidents of violence in which a weapon was used or ten or more incidents of weapons being brought onto school property shall install metal detectors at each entrance into the school. The school district shall be reimbursed by the State, to the extent funds have been appropriated for this purpose, for the cost of installing metal detectors in the school pursuant to this section.
6. (New section) The State Board of Education shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate regulations defining the term "criminal acts or activities" for the purposes of this act and any other regulations necessary to effectuate the provisions of this act.
7. The following provision in section 1 of P.L.1993, c.155 (on page 129 of Senate No. 2000 of 1993) is amended to read as follows:
GRANTS-IN-AID
74 DEPARTMENT OF STATE
30 Educational, Cultural and Intellectual Development
37 Cultural and Intellectual Development Services
05-2530 Support of the Arts......[$10,675,000] $10,275,000
Grants:
Opera Music-Theatre International...[($500,000)]($100,000)
(cf: P.L.1993, c.155)
8. In addition to the amounts appropriated under P.L.1993, c.155, there is appropriated out of the General Fund the following sum for the purpose specified:
GRANTS-IN-AID
34 DEPARTMENT OF EDUCATION
30 Educational, Cultural and Intellectual Development
34 Educational Support Services
30-5063 Educational Programs and Student Services..$400,000
Grants:
School Metal Detectors............($400,000)
9. This act shall take effect immediately.
STATEMENT
This bill amends current law to require all school employees to report any criminal act committed in the public schools to the school principal and for the Commissioner of Education to submit an annual report to the State Legislature on criminal activities in the public schools. Under present law, these reports involve only acts of violence and vandalism. The bill provides that the annual report to the Legislature may be satisfied through the school report card prepared by the Department of Education.
The bill also requires school districts to disseminate a telephone number which may be called by pupils, parents, staff, and the community to anonymously report criminal activities in the public schools. In addition, the bill requires the principal or a designee to search the locker of any pupil, consistent with the pupil's constitutional rights, whenever information is received that the locker may contain a weapon or other illegal item. Also, the bill authorizes school districts to impose community service requirements upon pupils for misconduct. However, any community service must be performed on school grounds and shall not impose a risk of physical injury to the pupil.
Finally, the bill requires a school district which experiences either five or more incidents of violence in which a weapon was used, or ten or more incidents of weapons being brought onto school property, to install metal detectors at each entrance into the school. The bill stipulates that the school district will receive State reimbursement for the cost of the metal detectors and appropriates $400,000 from the Opera Music-Theatre International Program to the Department of Education for this purpose.
Provides for reporting and prevention of criminal activities in the public schools and for performance of community service by pupils guilty of misconduct; appropriates $400,000 for metal detectors in schools.