Senator M. TERESA RUIZ
District 29 (Essex)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman Vainieri Huttle, Assemblyman Karabinchak and Assemblywoman McKnight
Clarifies that child may not be excluded from public school based on membership in protected category under “Law Against Discrimination” or immigration status.
CURRENT VERSION OF TEXT
An Act concerning exclusion from public school and amending NJ.S.18A:38-5.1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:38-5.1 is amended to read as follows:
18A:38-5.1. No child between the ages of four and 20 years shall be excluded from any public school on account of his race, creed, color, national origin, [or] ancestry, or other protected category under subsection f. of section 11 of P.L.1945, c.169 (C.10:5-12), or immigration status. A member of any board of education who shall vote to exclude from any public school any child, on account of his race, creed, color, national origin, [or] ancestry, or other protected category under subsection f. of section 11 of P.L.1945, c.169 (C.10:5-12), or immigration status shall be guilty of a [misdemeanor, and punished by a fine of not less than $50.00 nor more than $250.00, or by imprisonment in the county jail, workhouse or penitentiary of the county in which the offense has been committed, for not less than 30 days nor more than six months, or by both such fine and imprisonment in the discretion of the court] disorderly persons offense.
2. This act shall take effect immediately.
This bill amends a current section of law, N.J.S.18A:38-5.1, to clarify that a school district may not exclude a child from school based on any characteristic that is a protected category under the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.), or on the child’s immigration status. The bill also updates the existing penalty that may be imposed upon a member of a board of education if a child is excluded from public school on any of these bases.