New Jersey bullying laws: a guide
Bullying laws in New Jersey are intended to address the prevention, identification, and remediation of harassing negative behaviors that can have a devastating impact on young people. The original law, known as the Anti-Bullying Bill of Rights Act, was signed into law in January of 2011 after widespread instances of bullying made national headlines. While it was initially met with some resistance, subsequent suicides resulting from repeated bullying have spurred schools to take a more active role in educating students about positive interactions .
In addition to addressing the behavior of those who may engage in bullying, New Jersey anti-bullying laws allow for the investigation of violent, destructive, or potentially harmful conduct in the school environment. Boilerplate forms must be used in the investigation process, and while some schools may employ a varied disciplinary process on a student by student basis, some forms of discipline may be dictated by the severity of the conduct and the degree of any potential harm.
A closer look at the New Jersey Anti-Bullying Bill of Rights’ important requirements
The New Jersey Anti-Bullying Bill of Rights is a robust piece of legislation that was designed to empower state and local authorities to address the issue of bullying in their schools. While its effectiveness in having brought down the statistics around the state is hotly debatable, it has certainly provided our schools with a forward-looking and innovative means by which they might root out bullying. As such, if we are going to include a full discussion of New Jersey’s anti-bullying law, we must also include a discussion of this law’s key provisions, which include:
• Establishment of a district policy against harassment, intimidation and bullying
• Grievance procedure for parents and guardians
• Establishment of a safety team within each school
• Designation of a person as the school’s anti-bullying specialist
• Development of training programs for school employees
• Inclusion of input from parents, students and community representatives
• Composition of a district anti-bullying coordinator
• Heightened training and in-service programs
• Maintenance of additional information on the department’s website
• Requirement that each district and school annually complete an assessment as to the effectiveness of its policy and programs
• Authorization to establish a recognition program
• Mandate that the commissioner develop anonymous school climate surveys
• Development of a reporting system including a single central system to track and record incidents of HIB
• Creation of a new position, the chief school administrator, who will oversee all HIB policies
• Empowerment of the commissioner to intervene in certain very extreme cases of HIB
• Heightened reporting, assessment and enforcement provisions
• Implementation of policy and program evaluation protocols
• Creation of a commissioner’s school climate task force
• Enhanced responsibility as to the role of the board of education
• Creation of school grade report cards
• Ability to require district and school action plans
• Addition of a definition for what it means to be "reasonably protected from bullying"
• Inclusion of new provisions as to the fiscal impact of the law
• Accompanying the law are implementation guidelines for School Districts as well as School Climate Survey Guidelines (*compiling data from all schools in the district).
As can be seen from the above, there are a plethora of requirements that a New Jersey school must meet under the law, and they are nothing to sneeze at. More than just a mandate that an anti-bullying policy be developed, the law requires extensive data collection, publication, development of internal policies, and robust training programs. Further, these provisions must be followed and improved upon yearly; the law does not allow for a school or district to simply comply for one year and then declare victory. Given the enormity of the task placed upon our public schools, the question remains – is it working?
What is ‘bullying’ under New Jersey law?
The New Jersey Anti-Bullying Bill of Rights Act defines bullying as "…any gesture, any written, verbal or physical act, or any electronic communication, that is reasonably perceived…to be motivated by either a distinguishing characteristic…or by any other distinguishing characteristic…that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds." The Act goes on to say that "Any gesture, any written, verbal or physical act, or any electronic communication, that is reasonably perceived to be motivated by or have an actual observable or reasonable effect of harming a student or group of students, by insulting or demeaning a student or group of students, or creating a hostile educational environment for the student or group of students, including but not limited to an incident of physical or psychological intimidation, hostility or assault or any other disruptive activity that interferes with or is detrimental to the orderly operation of the educational process, shall constitute bullying." There must have also been a "sufficiently severe persistent or pervasive" pattern to the behavior of the offending student, to be considered "bullying." What does this actually mean? In short, the Act defines bullying in terms of "…irrelevant or inappropriate characteristics" (referred to hereafter as "bigotry"). These characteristics are defined quite broadly as: age, color, creed, national origin, race, ancestry, socio-economic status, social status, sexual orientation, gender, disability, or other distinguishing characteristic. (The Act explicitly lists "gender" as a "distinguishing characteristic" for the purposes of defining bigotry). An example of bullying based on a "distinguishing characteristic" might be: Student A physically attacking Student B within school grounds, with the intent of inflicting injury on Student B, based solely on Student B’s age (i.e. Student A is older than Student B). An example of bigotry (but not bullying) might be: Student A verbally harassing Student B within school grounds, due to Student B’s difference in age (e.g. Student A is in High School, Student B is in the Middle School) – but if Student A was harassing Student B within the High School only, this could be considered bullying. A Hosting Educational Environment is defined as "…a situation where a person or group of persons ridicules, degrades, intimidatest or humiliates another person or group of persons." 29 N.J.R. 6057(a). "Harassment" is defined as "…any form of intimidation involving…(a) a gesture [i.e. a punch], (b) written, verbal or physical act. (c) an electronic communication [i.e. a post on "Facebook"], or (d) sexting [Seventh and Eighth "grade" students engaging in sexting would be breaking the law], (e) that is motivated by: (1) any personal attribute; (2) any offending property; (3) any obscene or sexually explicit manner; (4) any criticism of another student’s manners; (5) any criticism of another students behavior; (6) any criticism of another student’s appearance; (7) any criticism of another student’s intelligence; (8) any criticism of another student’s maturity; (9) any criticism of another student’s inability to break dance; (10) any criticism of another student’s less than perfect jump shot. As you can see, simply using any form of insult, taunt, tease, jest or joke could qualify as "bullying." In the case above, Student B may talk back to Student A, or fight back (crying "bullying") but Student A is most likely to be suspended. That means he might not get into a good college. In other words, even though the fight was Student A’s fault, Student B loses out, Student A wins over and over again.
How to report and investigate bullying in New Jersey
The reporting procedure for incidents of harassment, intimidation and bullying (HIB) in New Jersey public schools requires that each school district designate at least one school official to receive complaints. The principal or other school administrator who receives a report of HIB must initiate the investigation not later than the next school day. Parents of the alleged victim and the alleged aggressor must be notified within one school day and parents of the victim and alleged aggressor must be provided the opportunity to meet with the principal or his or her designee within three school days of the report. The investigation must be conducted within 10 days of the principal receiving the report of the incident.
Investigations must include interviews of the complainant, the alleged aggressor, witnesses, and any other parties who may have relevant evidence. The district-nominated Anti-Bullying Specialist must assist in the investigation, which must be concluded within 10 school days. As part of the investigation, staff members may also be interviewed and relevant records, including past act reports against the alleged aggressor and/or victim, may be reviewed. School officials have discretion to move students into separate classes, even if they are not in the same class during the incident that was reported to them, for all or part of the remainder of the school year or until the matter has been properly addressed. Once the investigation is complete, school officials must determine whether the reported incident constitutes an act of HIB. The Anti-Bullying Staff is required to make this determination. In making the determination, the Anti-Bullying Specialist must consider the range of roles from victim to aggressor and assess the totality of the circumstances. If an allegation of HIB is substantiated, the Anti-Bullying Specialist must prepare a written report containing the findings of the investigation and any recommended response to the reported incident of HIB. If a finding of HIB is made, in addition to anti-bullying training, remediation and counseling, other responses may include discipline, reporting to law enforcement, prohibition of future contact among the parties, parent attendance to conferences and other activities, interviews of the involved parents, and a follow up of the effectiveness of the responses.
Finally, parents who are unhappy with the outcome of the investigation may appeal the matter in writing to the Superintendent of Schools. The Superintendent then has two school days to issue his or her decision, which may be further appealed within the next two school days to the Board of Education. The appeal to the Board of Education must be heard within 10 calendar days of the filing of the appeal. The Board then must issue a final decision within 30 calendar days of the request for the appeal being filed.
Educators need to understand their obligations under the new anti-bullying law and must be trained on the reporting and investigation procedures established under the law. In New Jersey, children spend a significant portion of their time in school and it is important that school officials are aware of and understand their responsibilities under the law.
Penalties and remedies for violations of New Jersey’s anti-bullying law
Enforcement of bullying policies and consequences for students found to have engaged in bullying or harassment are taken seriously by New Jersey school authorities. The penalties a student faces for bullying another student can vary greatly depending on the severity of the offense. For minor offenses where it is a first-time offense or where there was no injury to the victim, disciplinary action will be swift and yet remain within the school’s guidelines for discipline. In more severe cases, consequences may include suspension or even expulsion from school. Other disciplinary actions may include detention, restrictions from attending school-related events, loss of social privileges, and involvement of special education services. When bullying has reached the level of making continued attendance in the same school unbearable such as in the case of bullying that occurs on the bus or in the classroom leading to the victim not wanting to participate in any school related activity due to potential interaction with the bully, it is often recommended, particularly when there is egregious conduct or continued stalker-like behavior, that the bully be transferred to a different school than the victim .
In addition to possible school disciplinary action, there are other options available where the bullying behavior is so egregious that it rises to the level of criminality. If a child or adolescent is involved and has been involved in severe bullying behavior such as physical assault or sexual assault, there could be legal consequences in addition to disciplinary actions from the school district. Victims of bullying may also seek legal remedies for the bullying they have faced by filing a restraining order against the bully. Restraining orders can be useful for victims of bullying to avoid future bullying by preventing the bully from coming into contact with the victim by prohibiting the bully from being in the same area as the victim in and around the school campus. These restraining orders can carry some significant penalties for violations from fines and community service, up to criminal charges and incarceration.
Roles and responsibilities for parents and guardians of bullying victims
Parents and guardians are integral in both the prevention and handling of bullying. A primary obligation under the law is to encourage your child to report instances of harassment, intimidation and bullying. If you see or suspect that your child may be a target of bullying, it’s important to foster an environment in which your child feels comfortable sharing their concerns with you. Tell your child it’s okay to tell someone about bullying and encourage them to come to you or another trusted adult. For younger children, role-playing scenarios ahead of time may be helpful. Explain to your child how to respond to someone who is being unkind or harassing them. Clearly identify what actions you will take to help your child or put them in touch with a trusted adult who can help.
NJ law gives guidance to school districts in the role that parents and guardians can play to help ensure bullying does not occur. Under New Jersey’s Anti-Bullying Bill of Rights Act, when a school district receives information about a potential case of bullying, the district "shall interview, if possible, the parents or guardians of the complainant and the alleged perpetrator." Districts may also contact the appropriate Resource Officers or Child Protection and Permanency workers if there is a suspicion that the incident involved criminal activity or child abuse. Notably, the law states that only after all other measures have been implemented and documented, should the district inform the complainant’s parents if the harassment, intimidation or bullying continues.
Once your child has reported (or has been reported) as a victim of harassment, intimidation or bullying, NJ law requires the matter to be reviewed by the principal. The NJ law directs principals to coordinate the reporting and investigation of the incident with the other’s parties involved and review the report submitted by the HIB specialist. The law has specific requirements for parents’ and guardians’ notification after a report of HIB has been made. This notification includes specific details regarding the reported incident and/or the consequences imposed on a perpetrator.
If you feel that your child has been the victim of HIB, or that the matter has not been handled properly by school authorities, you can take steps to correct the issue. New Jersey’s Anti-Bullying Bill of Rights Act gives parents and guardians specific rights, if they feel the anti-bullying policy has not been properly implemented or their child has been mistreated. Parents may ask for a report from the principal based on any information provided in a written report of the incident. If the information provided in the report was not done promptly, the district must make a reasonable effort to collect and supplement the record. The district’s response to your request and report must be prompt, but no longer than 5 schools days. The law also gives parents the right to request an appeal hearing if the principal’s directive was not satisfactory.
The above-referenced rights are in addition to the rights that parents maintain if they disagree with or don’t receive a satisfactory response to their report of potential HIB. The law allows the parent of the victim or the alleged perpetrator to meet with the school principal to review all report and documentation concerning the incident. The principal must then issue a directive to the chief school administrator. After receiving the principal’s directive and reviewing all the materials provided by the principal, the ABC will issue a decision in writing. Parents and guardians also have the right to request an appeal hearing as discussed above.
STAYING INvolved
If your child is being bullied, you can help by keeping a careful record of all communications and meetings with the school. Anytime a parent experiences confusion or frustration with the district’s reaction, they should immediately document the concern. Make sure to note who you spoke with, when the conversation took place, and what specifically occurred. If the issue continues, you can bring it to the attention of a supervisor or other school administrator. As we discussed above, you also have specific rights under the Anti-Bullying Bill of Rights Act, including the ability to ask for a report and an appeal hearing.
Recent developments and changes to NJ anti-bullying laws
There have been several recent amendments and updates to New Jersey’s anti-bullying law, the Anti-Bullying Bill of Rights Act. The most significant changes in this most recent round of amendments relates to the timing and uniformity of reporting complaints about acts of bullying in New Jersey schools. While the earlier iterations of the bill contained their own annual reporting and review components, the law has now added further mandatory requirements for school districts to report bullying activity.
First, New Jersey’s Department of Education (DOE) is now mandated to make available comprehensive information on all anti-bullying bills of rights, codes of conduct or other written policies against harassment, intimidation or bullying. These laws must be made readily accessible in print or other electronic format. By making these policies available through print media or other electronic means, parents and students now have a comprehensive resource from which to establish what policies are in place at their own school, and what protections are in effect to shield adhering students from harassment, intimidation or bullying.
Second, all anti-bullying cases matters at New Jersey public schools are required to immediately be reported to the school district’s chief school administrator. This requirement extends to all cases of alleged harassment, intimidation or bullying occurring on school grounds or at schoolsponsored functions. Additionally, school administrators must immediately address all alleged incidents of harassment, intimidation and bullying or retaliation that occur on school grounds or at schoolsponsored functions. These provisions were enacted in response to a flurry of school shootings and bullying incidents, and are designed to be more responsive to emerging situations at public schools to make them safer environments for both educators and students.
A third significant improvement to the anti-bullying law in New Jersey relates to grants given to school districts to assist in funding bullying prevention programs. This is now done on a competitive basis, and available funds shall be used for implementation of bullying prevention programs specifically at the school level. The DOE will determine which local school districts will receive grant funding based upon their application for funding, and may use various criteria to determine who receives funding. The DOE may make available grants during a regular fiscal year or in response to emergencies or unforeseen circumstances necessitating action or remedy by the school district immediately.
While these recent changes to New Jersey’s anti-bullying laws are not substantive changes to the anti-bullying policy, they do reflect an additional effort by New Jersey’s legislators to tackle and end the issue of bullying in the Garden State. Bullying in New Jersey remains a critical and relevant issue, and the recent amendments to this already substantial law can only help students and educators continue to work toward creating a safe space for learning appropriately free from harassment, intimidation or bullying.
Help and resources available for bullying victims
Fortunately, there are numerous resources and support systems available for victims of bullying in New Jersey. Several organizations have developed specialized programs and services for survivors of bullying, particularly child victims. School counselors in New Jersey public schools should have information about local or regional resources for obtaining counseling for children who have been bullied. Many county mental health offices can assist parents and children dealing with the effects of bullying, as well. Support groups provide victims of bullying with a sense of community. They provide an opportunity to connect with other bullying victims and to share experiences in a supportive environment. There are support groups for bullying survivors of all ages, including online groups for those unable to attend face-to-face meetings . Perhaps the best source of information for what resources are available in any given community is an organization that has a mission to address bullying and its consequences. As previously mentioned, the Center for Bullying Abuse at the University of Southern Florida is an outstanding resource on bullying. In addition, Parents Unite offers a wealth of information about the nature of bullying, the scope of the problem, and what victims can do to address it. Mental health hotlines may also be available in your area. Family Life Services operates a 24-hour crisis hotline for children and youth. Other counties may have similar programs to answer calls from parents, as well as youth. The New Jersey Division of Child Protection and Permanency also investigates reports of bullying. DCP&P specifically has a Child Abuse and Neglect (CAN) office devoted to providing resources to individuals seeking assistance when they believe that their child is the victim of bullying by someone who is not a sibling.