By Sandra L. Jacques, Esq., LL.M., Assistant Director of Legal Education, Foundation for Educational Administration
Developing a school budget requires balancing many competing priorities. As these decisions are made, it is essential to recognize that Arts Education is a required component of an educational program in New Jersey. Congress’ current ratified budget ensures funding for all existing K-12 programs, which includes funding for Arts Education. Unfortunately, one of the first area of cuts to a School District’s budget often includes components of, or worse the entire program, for the Arts in the District. What many budget decision makers do not realize is that there are statutory requirements pertaining to Arts in Education, and many benefits that the Arts can provide to other areas of concern in the District. This article will discuss the legal requirements and additional benefits of keeping an Arts Program in the budget.
Legal Requirements
Arts education is considered a fundamental right, derived from the New Jersey Constitution’s requirement for a “thorough and efficient” system of public schools, and is mandated for all students K-12. Requirements include that high school students must earn 5 credits in Visual & Performing Arts, as stated in N.J.A.C. 6A:8, and the visual and performing arts have been identified as one of the nine required academic content areas. Additionally, the landmark New Jersey Supreme Court Decision of Abbott v Burke (1997) held that visual and performing arts were one of the core content areas required for a thorough and efficient education in New Jersey. It is also notable that all New Jersey public schools were required to complete the “Arts Education Survey” by March 2026, with the results to be released in spring 2027.
In New Jersey, the Learning Standards for the Visual and Performing Arts require equitable access to arts instruction in five arts disciplines – dance, music, theater, visual arts, and media arts. Access to all five arts disciplines are required from kindergarten through the 5th grade, through instruction and opportunities for participation. For grades six through eight, students need to have a deeper sense of understanding in at least one of the five disciplines. Finally, in grades nine through twelve, there is an expectation that students will be able to demonstrate competency in at least one arts discipline. “Every high school student must successfully complete at least five credits in dance, theater, music, visual or media arts. NJDOE does not approve specific courses to meet any of the graduation requirements. However, districts should ensure that courses are clearly aligned to the visual and performing arts standards and are taught by an appropriately credentialed teacher.” (See NJDOE Visual and Performing Arts Learning Standards and ArtsEdNJ Summary of Legal Requirements.)
The New Jersey State Board of Education first adopted the NJ Student Learning Standards (NJSLS) in 1996, with revisions occurring throughout the ensuing years. These requirements are also listed on NJDOE’s website under the Frequently Asked Questions component of the webpage. Additionally, “N.J.A.C.6A:8-3.1(a)3 requires district boards of education to assess and publicly report on the progress of all students in developing the knowledge and skills specified by the New Jersey Student Learning Standards, including content areas not currently included in the statewide assessment program. In order to provide the local board of education with this information, the local curriculum should outline how student achievement of the standards will be assessed and how student progress will be reported to students and their parents. The design of the assessment and the grading process is a local decision.” For a more detailed description of these requirements, see NJDOE’s 2020 New Jersey Student Learning Standards – Visual and Performing Arts Introduction. Under N.J.S.A. 18A:35-4.30, there is a mandate that equal weighting for Arts Education occur. Arts courses must also contribute equally to class rank and Honor Roll calculations.
Special Education
“Federal laws mandate that students with disabilities be included in all aspects of the general public education curriculum. Reauthorizations of the Individuals with Disabilities Education Act in 1997 and 2004 indicated that students with disabilities must have access to and are expected to make progress in the general curriculum (IDEA, 1997, 2004). Reauthorization of the Elementary and Secondary Education Act in 2001 (No Child Left Behind Act) required that all students participate in school, district, and state accountability systems (NCLB, 2001). According to IDEA, students with disabilities must be appropriately accommodated to participate in these assessments. (See Students with Disabilities and the Core Arts Standards). It is not uncommon for students to be scheduled to be “pulled out” of arts programs to receive special services. However, in addition to a potential discrimination claim, this practice could become a basis for the district’s need to provide compensatory services to the students affected based on a denial of a FAPE for failure to provide equal access to all areas of the curriculum.
New Jersey mandates universal access to Arts Education, and requires tailored special education programming and services under IDEA. Such programs, services and necessary accommodations are to be included in a student’s Individualized Education Program (IEP) or their 504 Plan. Failure to provide appropriate instruction, services and/or accommodation to allow participation, could result in claims of discrimination under IDEA and the New Jersey Law Against Discrimination (NJLAD) (See N.J.A.C. 6A:14) against the School District. Recent US Supreme Court Decisions have addressed the ability of students to sue their School District for failure to provide services and/or accommodations:
- Perez v. Sturgis Public Schools (2023), held that students may seek monetary damages under the ADA/Section 504 when a District denies a Free and Appropriate Education (FAPE), even if IDEA claims are settled (See Perez decision).
- J.T. v. Osseo Area Schools (2025), established a standard for students to sue for disability discrimination, impacting how districts must accommodate special needs in their services, that is easier to establish than prior litigation had required. (See A.J.T. v. Osseo Area Schools decision)
Why Arts Education Matters Beyond the Law
In addition to meeting legal requirements, a robust and sequential arts education program directly supports many of the most pressing challenges facing school districts today, including chronic absenteeism, student engagement, literacy development, graduation rates, and student well-being.
A growing body of rigorous research demonstrates that arts education is a powerful lever for improving attendance and engagement. A large-scale randomized controlled study found that students with increased access to arts education experienced significant improvements in school engagement, compassion for others, and reductions in disciplinary infractions (Kisida, Bowen, & Greene, Educational Policy, 2020). These findings reinforce the connection between arts access and overall school climate. Schools with more arts programming also report higher attendance and lower rates of chronic absenteeism (NAMM Foundation).
New Jersey-based efforts further underscore this connection. The Princeton Area Community Foundation, through its All Kids Thrive initiative, has identified student connection and engagement as key drivers of improved attendance. Their work highlights that students are more likely to attend school consistently when they feel supported, connected, and engaged in their learning environment. Sequential arts education plays a critical role in fostering that connection. For many students, arts classes provide a sense of belonging, purpose, and identity, often serving as a primary reason they come to school and remain engaged.
This engagement translates into long-term outcomes. Longitudinal research has shown that students with sustained involvement in the arts are significantly more likely to graduate from high school than their peers with limited participation (Catterall, Dumais, & Hampden-Thompson, National Endowment for the Arts, 2012).
Arts education also strengthens literacy and communication skills. Participation in the arts has been linked to gains in writing achievement, critical thinking, and verbal skills, with particularly strong effects for English language learners (Bowen, Kisida, & Greene, Journal of Policy Analysis and Management, 2014).
Equally important are the impacts on student well-being and school climate. The National Endowment for the Arts has documented how arts participation supports cognitive, social, and emotional development. Recent neuroscience research synthesized in Ivy Ross and Susan Magsamen’s new book Your Brain on Art further demonstrates that engagement in the arts can reduce stress, improve emotional regulation, and strengthen attention and memory, all core conditions for learning and student success. Schools with robust arts programs also report improved engagement and reductions in disciplinary incidents. These outcomes are not incidental. Arts education creates environments where students are actively engaged, connected, and successful.
For school business administrators, the takeaway is clear: investing in arts education is not in competition with district priorities, it is a strategy for addressing them. Maintaining and strengthening sequential arts programs supports attendance, improves student outcomes, and contributes to healthier, more engaged school communities across New Jersey.
Conclusion
While districts have flexibility in how programs are designed, they must ensure that students have access to a sequential, standards-based arts education that aligns with State expectations. Programs that are reduced to minimal offerings may meet baseline requirements, but they risk falling short of the broader goals of equitable access and comprehensive learning. Careful, informed decision-making will help districts maintain compliance while also supporting the full range of opportunities that arts education provides to students and school communities.
Note – Thanks to John Worthington, Esq. from LEGAL ONE, and Wendy Liscow, and Kira Rizzuto of Arts Ed NJ for their contributions to this Article.