A5665

An Act concerning student representation on boards of education and supplementing P.L.2021, c.446 (C.18A:12-1.3 et al.).

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

1. The Legislature finds and declares that:

a. Pursuant to section 1 of P.L.2021, c.446 (C.18A:12-1.3), each board of education of a school district that includes grades nine through 12 is required to include at least one nonvoting student representative selected by the student body.

b. The duties of such student representative currently include representing all public high school students within the district and presenting student proposals and concerns to the board for its consideration.

c. While the existing statute provides a valuable mechanism for student input, it does not require formal consideration of student proposals, written responses by the board, assessment of student impacts of proposed policies, structured advisory mechanisms, or documentation of the student representative’s perspective on the public record.

d. It is in the public interest to strengthen opportunities for meaningful student participation in decisions that directly affect students, while preserving the board of education’s exclusive authority and responsibility for final decisions.
The purpose of this act is to establish clear, accountable procedures that give high school students a meaningful role in matters affecting them, without altering the nonvoting status of the student representative or the final decision-making authority of the board of education.

2. a. The student representative serving on a board of education pursuant to section 1 of P.L.2021, c.446 (C.18A:12-1.3) shall have the right to submit to the board not more than one formal written student proposal in any calendar month.

b. A student proposal may address matters including, but not limited to: student activities; school climate and culture; transportation; cafeteria and food service policies; homework and academic workload policies; mental health resources and supports; technology and digital device policies; and student dress codes.

c. Upon receipt of a properly submitted student proposal, the board shall place the proposal on the agenda of a public meeting of the board to be held within 30 days of receipt, or at the next regularly scheduled public meeting if that meeting occurs later than 30 days after receipt. The student representative shall be afforded a reasonable opportunity to present the proposal at that meeting.

3. a. Within 60 days after the student representative presents a formal student proposal at a public meeting of a board of education pursuant to subsection c. of section 2 of this act, the board shall issue a written public response.

b. The response shall state one of the following board actions:

(1) approval in the event that the board agrees to implement the proposal, in whole or in part, including the identification of any implementing steps or timelines;

(2) referral in the event that the board refers the proposal to a committee of the board, the superintendent, or appropriate school administrator for further study and recommendation, with a specified timeframe for reconsideration of the proposal; or

(3) rejection in the event that the board declines to implement the proposal, including a written explanation of the reasons for rejection.

c. The written response shall be made part of the public record and shall be posted on the district’s website in the same manner as board meeting minutes or agendas.

4. a. Prior to voting on any proposed policy, regulation, or action that the board determines will have a primary and direct effect on high school students, the board shall prepare and consider a Student Impact Statement.

b. The Student Impact Statement shall describe, to the extent reasonably practicable, the anticipated effects of the proposed action on students, which may include effects on transportation, extracurricular activities and athletics, student sleep and well-being, academic workload, access to resources, equity considerations, and any other relevant student-centered factors.

c. The student representative serving on a board of education pursuant to section 1 of P.L.2021, c.446 (C.18A:12-1.3) may submit a separate written statement providing the student perspective on the proposed action. Both the board’s Student Impact Statement and any statement submitted by the student representative shall be made part of the public record prior to the board’s vote.

5. a. Each board of education of a school district that includes grades nine through 12 shall establish a Student Advisory Council.

b. The Student Advisory Council shall consist of:

(1) two students from each high school in the district, selected in a manner determined by the superintendent in consultation with the student body, with reasonable efforts to include at least one student from each of the freshman, sophomore, junior, and senior classes when practicable;

(2) the district’s student representative to the board of education pursuant to section 1 of P.L.2021, c.446 (C.18A:12-1.3); and

(3) representatives from student government organizations, as appropriate.

c. The Student Advisory Council shall meet at least once every two months during the school year. Its functions shall include discussing proposed board policies that may affect students, collecting and synthesizing student concerns, voting on recommendations, and transmitting formal recommendations to the board of education and the student representative.

d. The board shall establish reasonable procedures for the operation of the Student Advisory Council, consistent with this section.

6. a. On any matter that the board determines will have a primary and direct effect on high school students, the student representative shall be entitled to submit a written recommendation to the board prior to a final vote being taken by the board.

b. The written recommendation shall not be counted as a vote and shall not be applied toward any required majority or quorum of the board.

c. The written recommendation of the student representative shall be recorded in the official minutes of the board meeting and shall become part of the public record. The minutes shall clearly indicate the board’s final decision and the student representative’s written recommendation separately.

7. Nothing in this act shall be construed to:

a. confer voting rights upon the student representative serving on a board of education pursuant to section 1 of P.L.2021, c.446 (C.18A:12-1.3);

b. diminish or transfer any authority, power, or responsibility vested in the board of education under Title 18A of the New Jersey Statutes or any other law;

c. require the disclosure of confidential information or permit the student representative to participate in discussions from which the student representative is excluded pursuant to section 1 of P.L.2021, c.446 (C.18A:12-1.3); or

d. apply to boards of trustees of charter schools or any nonvoting student representative serving on a board of trustees of a charter school pursuant to section 2 of P.L.2021, c.446 (C.18A:36A-11.3).

8. This act shall take effect immediately and shall first apply in the first full school year following the date of enactment.

STATEMENT

This bill gives the student representative serving on a board of education the right to submit to the board not more than one formal written student proposal in any calendar month. Upon receipt of a properly submitted student proposal, the board will place the proposal on the agenda of a public meeting of the board to be held within 30 days of receipt, or at the next regularly scheduled public meeting if that meeting occurs later than 30 days after receipt. The student representative will be afforded a reasonable opportunity to present the proposal at that meeting.

The bill further requires that, within 60 days after the student representative presents a formal student proposal at a public meeting of a board, the board will issue a written public response indicating approval, referral, or rejection of the proposal.

The bill provides that, prior to voting on any proposed policy, regulation, or action that the board determines will have a primary and direct effect on high school students, the board will prepare and consider a Student Impact Statement. The Student Impact Statement will describe, to the extent reasonably practicable, the anticipated effects of the proposed action on students. Additionally, the bill provides that the student representative serving on a board may submit a separate written statement providing the student perspective on the proposed action. Both the board’s Student Impact Statement and any statement submitted by the student representative will be made part of the public record prior to the board’s vote.

The bill directs each board of education of a school district that includes grades nine through 12 to establish a Student Advisory Council. The bill details the council’s membership and duties.

The bill provides that on any matter that the board determines will have a primary and direct effect on high school students, the student representative will be entitled to submit a written recommendation to the board prior to a final vote being taken by the board. The written recommendation will not be counted as a vote and will not be applied toward any required majority or quorum of the board. The written recommendation of the student representative will be recorded in the official minutes of the board meeting and will become part of the public record.

The bill clarifies that nothing in its provisions are to be construed to:

· confer voting rights upon the student representative serving on a board of education;

· diminish or transfer any authority, power, or responsibility vested in the board of education under the New Jersey school laws;

· require the disclosure of confidential information or permit the student representative to participate in discussions from which the student representative is excluded; or

· apply to boards of trustees of charter schools or any nonvoting student representative serving on a board of trustees of a charter school pursuant to current law.