ASSEMBLY, No. 534
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywomen CRECCO and FARRAGHER
An Act concerning the public school curriculum 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. In each local school district, the curriculums on family life education, human sexuality and AIDS/HIV education shall be developed through appropriate consultation and participation of teachers, school administrators, parents and guardians, physicians, members of the clergy, representative members of the community, and, in the case of grades 9 through 12, students in those grades.
b. In order to ensure that appropriate consultation occurs, each board of education shall establish a family life education committee, which shall consist of 15 members of the public, at least eight of whom shall be parents or legal guardians of a pupil enrolled in the public schools of the district. The board of education shall make every effort to inform the public about the family life education committee and to facilitate participation by any person in the aforementioned groups who wishes to serve. The board of education shall appoint members of the committee from among those individuals who apply to the board for membership thereon. The committee shall select a chairman from among its members. The Board Secretary may serve as secretary to the committee.
c. Prior to the adoption or use of a program or curriculum on family life education, sexuality or AIDS?HIV education, whether such instruction takes place within a health class or in any other area of the school program, and prior to the adoption or use of instructional or supplemental materials for such a program or curriculum, including, but not limited to speakers, video tapes, films, slides, handouts, books, pamphlets, and teacher notes and materials or to the implementation of any changes or revisions in such program, curriculum or materials, the board of education shall provide all materials to the family life education committee. In addition, prior to their use in the classroom, the board shall make available in each school the complete curriculum and all instructional and supplemental materials for review by the parents and guardians of the pupils.
d. It shall be the responsibility of the family life education committee to review the materials submitted by the board of education, and to receive testimony from all members of the public who wish to be heard regarding the materials. All meetings and hearings of the committee shall be held pursuant to the "Open Public Meetings Law," P.L.1975, c.231 (C.10:4-6 et seq.). Upon conclusion of its review and the completion of the public testimony, the committee shall act to approve or disapprove each element of the board's proposed curriculum and supplementary materials. No program or supplementary or program materials shall be utilized in any classroom in the district unless it has received approval by a recorded roll call vote of the majority of the members of the committee. In those cases where such materials are already in use which have not been reviewed by a previous family life education committee or have not been available for parental review, such materials shall be immediately subjected to the review as provided for herein, and their use discontinued if not approved by the committee.
2. The parents and guardians of pupils enrolled in the district shall receive annually an outline of the curriculum for family life education, sexuality, and AIDS/HIV education and a list of instructional and supplementary materials for the grade of their child including notification about how to receive a copy of the full curriculum and review all instructional and supplementary materials prior to use in the classroom. If a majority of the parents and legal guardians of children in any particular grade level shall disapprove of an item of curriculum or any instructional or supplemental material, the use of that item or material shall be discontinued immediately.
3. The use of instructional materials which have not been approved in the manner provided herein or which were not made available to the parents and guardians of pupils prior to use in the classroom shall be considered to be conduct unbecoming an administrator or a teaching staff member. The first instance of such conduct shall subject the individual to the withholding of an annual increment. A second offense shall result in the loss of tenure and dismissal.
4. This act shall take effect immediately and shall first apply to curriculum and materials proposed for the 1994-95 school year.
STATEMENT
This bill provides for the establishment of family life education committees in each school district. The committee is to consist of 15 members, at least eight of whom must be parents or guardians of pupils in the district. Prior to the adoption of a family life education program, a course in sexuality or an AIDS/HIV education program, or to changes in these programs, the board of education would be required to submit all the materials to the committee and also make them available to parents in the district. After review and public hearings, the committee must approve the materials by a recorded roll call vote of its full membership. Materials which are not approved may not be used in the classrooms of the district.
The bill also provides that, prior to use in the classroom, the parents and guardians of pupils enrolled in the district are to receive annually an outline of the curriculum and a list of instructional materials for the grade of their child including notification about how to receive a copy of the full curriculum. Also, if a majority of the parents in a particular grade level object to an item of curriculum or instructional material, its use must be discontinued immediately.
Any teaching staff member who uses materials which have not been approved or which have not been made available to the parents will be subject to the withholding of an increment for a first offense. Any subsequent offense would result in the dismissal of the teacher or administrator.
Currently, the regulations for family life education programs require consultation with the parents of pupils and with members of the community; however, there is no mechanism to ensure that this consultation takes place, and no penalties if it does not. This bill will remedy that situation by creating a formal method for consultation prior to the use of these material in the classroom.
Establishes family life education committees to review and approve family life education curriculum and materials.