Text of NJ A 3976 (2016)

ASSEMBLY, No. 3976 STATE OF NEW JERSEY 217th LEGISLATURE INTRODUCED JUNE 20, 2016 Sponsored by: Assemblyman RONALD S. DANCER District 12 (Burlington, Middlesex, Monmouth and Ocean) SYNOPSIS Requires Attorney General to provide assistance to public schools in legal proceedings related to reduction in federal aid in certain cases if school is compliant with NJ Law Against Discrimination. CURRENT VERSION OF TEXT As introduced. An Act requiring the Attorney General to provide assistance to certain public schools and supplementing chapter 59 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. New Jersey has a history of providing broad civil rights protections, including protections for transgender individuals. b. The "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), was amended in 2006 to specifically provide that "gender identity or expression" is a protected class against discrimination in this State. c. Public schools in New Jersey also have an important responsibility to create and sustain an environment that protects the privacy rights of all students. d. This act will further this State's public policy of protecting students against discrimination, while also recognizing and protecting the privacy rights of all students. 2. The Attorney General shall provide assistance to any school district or charter school in a legal proceeding directly related to an action by the federal government to reduce or eliminate federal aid to the school district or charter school in response to alleged noncompliance with the significant guidance in the Dear Colleague Letter on Transgender Students issued by the United States Department of Justice and the United States Department of Education on May 13, 2016. The assistance provided by the Attorney General may be legal or financial, or any other type of assistance deemed appropriate by the Attorney General. The assistance shall only be provided if the Attorney General finds that the policy of the school district or charter school on the treatment of transgender students: a. comports with the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); and b. includes a reasonable means of determining that a student is transgender, such as evidence of medical treatment or evidence that the student is not attempting to access a sex-segregated facility of the school district or charter school for the purpose of violating the privacy rights of any other student. 3. This act shall take effect immediately. STATEMENT This bill requires the Attorney General to provide assistance to any school district or charter school in a legal proceeding directly related to an action by the federal government to reduce or eliminate its federal aid under certain circumstances. Under the bill, the assistance may be legal or financial, or any other type of assistance deemed appropriate by the Attorney General. In order to provide the assistance, the Attorney General must first find that the policy of the school district or charter school on the treatment of transgender students: · comports with New Jersey's "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); and · includes a reasonable means of determining that a student is transgender, such as evidence of medical treatment or evidence that the student is not attempting to access a sex-segregated facility of the school district or charter school for the purpose of violating the privacy rights of any other student.