Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each
district board of education shall provide all students with equitable and
bias-free access to all school facilities, courses, programs, activities, and
services, regardless of the protected categories listed at
N.J.A.C.
6A:7-1.1(a), by:
1. Ensuring barrier-free access to all school
and classroom facilities;
2.
Attaining, within each school, minority representation that approximates the
school district's overall minority representation. Exact apportionment is not
required; the ultimate goal is a reasonable plan achieving the greatest degree
of a representative balance that is feasible and consistent with sound
educational values and procedures;
3. Utilizing, on an annual basis, a
State-approved English language proficiency assessment that evaluates a
student's English language proficiency on the four domains of listening,
speaking, writing, and reading for determining the eligibility and placement of
students who may be identified as multilingual learners, pursuant to
N.J.A.C.
6A:15-1.3(a)3;
4. Utilizing bias-free multiple measures for
determining the special needs of students with disabilities, pursuant to
N.J.A.C.
6A:14-3.4;
5. Ensuring support services, including
intervention and referral services and school health services, pursuant to
N.J.A.C. 6A:16, are available to all students; and
6. Ensuring a student is not discriminated
against because of a medical condition. A student shall not be excluded from
any education program or activity because of a long-term medical condition
unless a physician certifies such exclusion is necessary.
i. If excluded, the student shall be provided
with equivalent and timely instruction that may include home instruction,
without prejudice or penalty.
(b) Each district board of education shall
ensure the school district's curriculum and instruction are aligned to the New
Jersey Student Learning Standards (NJSLS). The district board of education also
shall ensure its curriculum and instruction address the elimination of
discrimination by narrowing the achievement and opportunity gaps, by providing
equity in educational activities and programs, and by providing opportunities
for students to interact positively with others regardless of the protected
categories listed at
N.J.A.C.
6A:7-1.1(a), by:
1. Ensuring there are no differential
requirements for completion of course offerings or programs of study solely on
the basis of the protected categories listed at
N.J.A.C.
6A:7-1.1(a);
2. Ensuring courses shall not be offered
separately on the basis of the protected categories listed at
N.J.A.C.
6A:7-1.1(a);
i. Portions of classes that deal exclusively
with human sexuality may be conducted in separate developmentally appropriate
sessions based on gender identity, provided the course content for such
separately conducted sessions is the same;
3. Increasing and promoting equitable
representation of all students in all classes and programs;
4. Ensuring schools demonstrate the inclusion
of a multicultural curriculum in its instructional content, materials, and
methods, and ensuring students understand the basic tenet of
multiculturalism;
5. Ensuring the
Amistad Commission Curriculum is infused into the curriculum and is
taught;
6. Ensuring the Commission
on Holocaust Education curriculum is included in the curriculum of all
elementary and secondary schools, as developmentally appropriate, pursuant to
N.J.S.A.
18A:35-28; and
7. Ensuring that all curricular requirements
pursuant to N.J.A.C. 6A:8 and the NJSLS are taught, including any curriculum
developed concerning any of the protected categories listed at
N.J.A.C.
6A:7-1.1(a) or curriculum
developed by any commissions constituted for the development of curriculum
concerning any of the protected categories listed at
N.J.A.C.
6A:7-1.1(a).
(c) The district board of
education shall ensure all students have access to adequate and appropriate
counseling services.
1. When informing
students about possible careers or professional or vocational opportunities,
the district board of education shall not restrict or limit the options
presented to students on the basis of the protected categories listed at
N.J.A.C.
6A:7-1.1(a).
2. The district board of education shall not
use tests or guidance or counseling materials that are biased or stereotyped on
the basis of the protected categories listed at
N.J.A.C.
6A:7-1.1(a).
(d) The district board of
education shall ensure the school district's physical education is in a
coeducational setting that is developmentally appropriate and does not
discriminate on the basis of the protected categories listed at
N.J.A.C.
6A:7-1.1(a) as follows:
1. The district board of education shall
provide separate restroom, locker room, and shower facilities on the basis of
gender, but such facilities provided for students of each gender shall be
comparable;
2. A school district
may choose to operate separate teams based on sex in one or more sports or
single teams open competitively to members of all sexes, as long as the
athletic program as a whole provides equal opportunities for students of all
sexes to participate in sports at comparable levels of difficulty and
competency; and
3. The activities
comprising such athletic programs shall receive equitable treatment, including,
but not limited to, staff salaries, purchase and maintenance of equipment,
quality and availability of facilities, scheduling of practice and game time,
length of season, and all other related areas or matters.
