New Jersey-2024-S3942-Introduced

An Act establishing the Advisory Commission on Advancing LGBTQIA+ Youth Equity and Inclusion in Schools and supplementing chapter 36 of Title 18A of the New Jersey Statutes.

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

1. The Legislature finds and declares that:

a. Students who are lesbian, gay, bisexual, transgender, queer, questioning, intersex, or asexual, or who otherwise are not heterosexual or cisgender ("LGBTQIA+") face unique challenges at school, including bullying, discrimination, and lack of access to supportive resources.

b. National data shows that LGBTQIA+ students face higher rates of bullying and harassment at school, are suspended nationwide at a higher rate, and are four times more likely to attempt suicide compared to their non-LGBTQIA+ peers.

c. These challenges have a profound impact on LGBTQIA+ students' mental health, academic performance, and overall wellbeing.

d. Like all students, LGBTQIA+ students have the right to a safe, supportive learning environment that is free from discrimination and harassment, and that provides equal access to educational opportunities, regardless of their sexual orientation, gender identity, or gender expression.

e. In 2019, New Jersey became one of the first states to require that students learn about the political, economic, and social contributions of lesbian, gay, bisexual, and transgender figures.

f. On June 17, 2024, Governor Murphy signed Executive Order No. 361 establishing an Advisory Commission on Advancing LGBTQIA+ Youth Equity and Inclusion in Schools, which is to be composed of executive branch representatives and members appointed by the Governor. This commission is to provide advice to the executive branch to support the Department of Education's efforts to advance LGBTQIA+ equity in schools.

g. The Legislature strongly supports the executive branch's commitment to ensuring inclusive school environments for LGBTQIA+ students.

h. It is altogether fitting and proper to establish a permanent commission to study these issues to ensure LGBTQIA+ students are shielded from discrimination in New Jersey's schools.

2. a. The Advisory Commission on Advancing LGBTQIA+ Youth Equity and Inclusion in Schools is created and established in the Executive Branch of the State Government. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated within the Department of Education, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or any board or officer thereof.

b. The commission shall consist of 25 members as follows:

(1) the Commissioners of Education, Children and Families, Health, and Human Services, ex officio, or their designees;

(2) the Attorney General, ex officio, or a designee;

(3) the former chairperson of the Anti-Bullying Task Force appointed pursuant to P.L.2019, c.179;

(4) four public members appointed by the President of the Senate and four public members appointed by the Speaker of the General Assembly, all of whom shall have demonstrated expertise in issues relating to the work of the commission; and

(5) 11 public members appointed by the Governor, including: two representatives from the New Jersey Education Association; one representative from the New Jersey School Boards Association; one representative from the New Jersey Principals and Supervisors Association; one representative from the New Jersey School Counselor Association; one representative from the New Jersey Association of School Librarians; one representative from the American Federation of Teachers New Jersey; one representative from Garden State Equality; one representative from the Bayard Rustin Center for Social Justice; one representative from the Center for Social Justice Education and LGBT Communities at Rutgers University; and one representative from the Intercultural Center at Monmouth University.

c. Appointments to the commission shall be made within 30 days after the effective date of this act. To the greatest extent practicable, at the time of appointment, the initial members shall be members of the Advisory Commission on Advancing LGBTQIA+ Youth Equity and Inclusion in Schools established pursuant to Executive Order No. 361 of 2024.

d. Each public member of the commission shall serve a term of four years, except that of the initial members: one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and two members appointed by the Governor shall serve for terms of two years; one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and four members appointed by the Governor shall serve for terms of three years; and two members appointed by the President of the Senate, two members appointed by the Speaker of the General Assembly, and five members appointed by the Governor shall serve for terms of four years. Public members shall be eligible for reappointment and shall serve until their successors are appointed and qualified. The term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.

e. The members of the commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties.

3. a. The commission shall organize as soon as practicable following the appointment of its members. The commission shall annually elect a chairperson from among its members. It shall meet upon the call of the chair or of a majority of the commission members. The presence of a majority of the authorized membership of the commission shall be required for the conduct of official business.

b. The commission shall appoint an executive director, who shall serve at its pleasure and shall be a person qualified by training and experience to perform the duties of the office.

c. The commission is authorized to call upon any department, office, division, or agency of the State, or of any county, municipality, or school district of the State, to supply data, program reports and other information, personnel, and assistance as it deems necessary to discharge its responsibilities under this act.

d. These departments, offices, divisions, and agencies shall, to the extent possible, and not inconsistent with any other law of this State, cooperate with the commission and shall furnish it with information, personnel, and assistance as may be necessary or helpful to accomplish the purposes of this act.

4. It shall be the duty of the commission to:

a. review State and local educational policies and practices that impact LGBTQIA+ students;

b. identify best practices for ensuring inclusive and supportive school environments for LGBTQIA+ students;

c. recommend strategies to address and prevent bullying, harassment, and discrimination against LGBTQIA+ students;

d. recommend ways to support districts in implementing statutory and regulatory requirements to include instruction on the political, economic, and social contributions of LGBTQIA+ figures in an appropriate place in the curriculum;

e. recommend ways to support the mental health and well-being of LGBTQIA+ students;

f. advise on professional development and training best practices for educators and school administrators regarding LGBTQIA+ issues; and

g. advise the Governor and the Legislature on other issues relating to ensuring safe and supportive school climates for LGBTQIA+ students.

5. a. The commission shall submit its initial report to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than 180 days after the commission organizes.

b. The commission shall annually thereafter prepare and submit reports containing its findings, activities, and recommendations, including any recommendations for legislative action that it deems appropriate, to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

6. This act shall take effect immediately.

STATEMENT

This bill establishes the Advisory Commission on Advancing LGBTQIA+ Youth Equity and Inclusion in Schools. The commission is to consist of 25 members, including:

(1) the Commissioners of Education, Children and Families, Health, and Human Services, ex officio, or their designees;

(2) the Attorney General, ex officio, or a designee;

(3) the former chairperson of the Anti-Bullying Task Force;

(4) four public members appointed by the President of the Senate and four public members appointed by the Speaker of the General Assembly, all of whom are to have demonstrated expertise in issues relating to the work of the commission; and

(5) 11 public members of the education community appointed by the Governor.

The bill stipulates that, to the greatest extent practicable, at the time of appointment, the initial members are to be members of the Advisory Commission on Advancing LGBTQIA+ Youth Equity and Inclusion in Schools established pursuant to Executive Order No. 361 of 2024.

The commission is to:

� review State and local educational policies and practices that impact LGBTQIA+ students;

� identify best practices for ensuring inclusive and supportive school environments for LGBTQIA+ students;

� recommend strategies to address and prevent bullying, harassment, and discrimination against LGBTQIA+ students;

� recommend ways to support districts in implementing statutory and regulatory requirements to include instruction on the political, economic, and social contributions of LGBTQIA+ figures in an appropriate place in the curriculum;

� recommend ways to support the mental health and well-being of LGBTQIA+ students;

� advise on professional development and training best practices for educators and school administrators regarding LGBTQIA+ issues; and

� advise the Governor and the Legislature on other issues relating to ensuring safe and supportive school climates for LGBTQIA+ students.

The commission is to submit its initial report to the Governor and the Legislature no later than 180 days after the commission organizes. The commission is to prepare and submit annual reports thereafter containing its findings, activities, and recommendations, including any recommendations for legislative action that it deems appropriate to the Governor and the Legislature.

LGBTQIA+ students face unique challenges at school, including bullying, discrimination, and lack of access to supportive resources. Over the years, the State has implemented various initiatives to create inclusive school environments. On June 17, 2024, Governor Murphy signed Executive Order No. 361 establishing an executive branch Advisory Commission on Advancing LGBTQIA+ Youth Equity and Inclusion in Schools. This commission is to provide advice to the executive branch to support Department of Education's efforts to advance LGBTQIA+ equity in schools. The Legislature strongly supports the executive branch's commitment to ensuring inclusive school environments for LGBTQIA+ students. It is the sponsor's intent to establish a permanent commission to study these issues and recommend legislation to ensure LGBTQIA+ students are shielded from discrimination in New Jersey's schools.