SENATE, No. 1186

STATE OF NEW JERSEY

INTRODUCED MAY 30, 1996

By Senator BRYANT

An Act concerning compulsory public school attendance and supplementing chapter 38 of Title 18A of the New Jersey Statutes.

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

    1. Notwithstanding the provisions of N.J.S.18A:38-25 or any other law, rule or regulation to the contrary:

    a. A municipality may, by the adoption of an ordinance, authorize the school board to require a child between the ages of six and 18, who has not graduated from high school, to attend the public schools of the district. In the case of a regional school district, authorization shall be effective when the ordinance is adopted by a majority of the constituent municipalities.

    b. Upon the adoption of an ordinance pursuant to subsection a. of this section, a school board may, by the adoption of a resolution, require a child between the ages of six and 18, who has not graduated from high school, to attend the public schools of the district.

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that a municipality may, by the adoption of an ordinance, authorize the school board to require a child between the ages of six and 18, who has not graduated from high school, to attend the public schools of the district. In the case of a regional school district, authorization would be effective when the ordinance is adopted by a majority of the constituent municipalities. Upon the adoption of an ordinance, a school board may, by the adoption of a resolution, implement the compulsory attendance requirement.

    The New Jersey Constitution declares that "[t]he Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all children in the State between the age of five and 18 years" (Article VIII, Section IV, paragraph 1). In the New Jersey statutes, the requirement for school attendance until age 16 was established in 1914, with an exception permitting children over 14 years of age who were "regularly and lawfully employed in some useful occupation" to leave school. This exception was removed in 1940, but the compulsory attendance age of 16 remains unchanged.

Provides procedure for school board to raise compulsory school attendance from age 16 to 18.