What is Covered Under the New Jersey Anti-Bullying Statute?
New Jersey has implemented a series of laws that govern how bullying in schools is addressed. These laws (N.J.S.A. 18A:37-15 et. seq.; N.J.S.A. 18A:54-20.3) aim to ensure a safe and secure educational environment where students are protected from harassment, intimidation, or bullying (HIB). The primary purpose of these laws is to prevent and address incidents of bullying among students, both in the classroom and online. It also requires that school districts have a policy in place for reporting, investigating, and resolving HIB complaints. This policy is intended to create a clear and consistent framework for addressing HIB, which will make it easier for students, parents, and school staff to understand the process and feel confident in reporting incidents of HIB. The laws define bullying as an "intentional electronic, written, verbal, or physical act or series of acts , " that is directed at an identifiable student or groups of students, that occurs on or off school grounds, during the school day or during school-related activities, and that does one or more of the following acts: • causes physical or emotional harm to the student or damage to the student’s property; • places the student in reasonable fear of physical or emotional harm or reasonable fear of damage to the student’s property; • creates a hostile environment for the student; • infringes on the rights of the student; or • substantially disrupts the orderly operation of the school. Each New Jersey school district is required to adopt and implement a policy against HIB that includes procedures for reporting and investigating HIB incidents. The policy must also prohibit retaliation against those who report HIB, and ensure confidentiality for those involved in the process.
The New Jersey Anti-Bullying Bill of Rights Act
Recently, in 2010, the state of New Jersey passed legislation known as the "Anti-bullying Bill of Rights" which was the most stringent anti-bullying law in the country. The law is designed to combat "Harassment, Intimidation and Bullying" in schools and was a response to the widely known case of Tyler Clementi, who committed suicide in September 2010 after being bullied by his Rutgers University classmate.
In a nutshell, the law provides for the following:
A school district has to have an anti-bullying policy and a designated anti-bullying specialist.
If an act of harassment, intimidation or bullying happens, it has to be reported either to the anti-bullying specialist or the anti-bullying coordinator.
The specialist/coordinator and a group of at least two other staff members have to investigate the allegations.
The investigating team has to complete and submit a written report to the principal within two school days.
Within two additional school days, the principal has to submit a report on the investigation to the superintendent.
Then the superintendent has to do a follow-up investigation and make a decision about punishment or other action that should occur.
The principal or "designee" has to report to the Board of Education every two months about the incidents that have occurred, and how they were handled.
The Board of Education gives an annual report on bullying to the Commissioner of Education.
The Commissioner of Education has to publish an annual Anti-Bullying Bill of Rights Report Card.
The Act contains a very specific definition of "harassment, intimidation, and bullying", which I have set forth below.
The Act defines Harassment, Intimidation, or Bullying as, "any gesture, any written, verbal, electronic, or physical act, or any other reasonable manner of interacting with the person, that is reasonably perceived as being motivated either by any actual or perceived characteristic such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical, or sensory disability, or by any other distinguishing characteristic, if the act substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that a reasonable person under the circumstances knows or should know will have the effect of: (a) physically or emotionally harming a student or damaging the student’s property; (b) knowingly placing a student in reasonable fear of physical or emotional harm to the student or to the student’s property; or (c) creating a hostile educational environment."
What Is The Definition of Bullying Under New Jersey Law?
Bullying is defined by the New Jersey Anti-Bullying Bill of Rights Act (ABR) as "an intentional electronic, written, verbal or physical act or series of acts that is: 1. A substantially different social, emotional or physical harm to the child; 2. A reasonably perceived substantial interference with a student’s education; 3. A reasonable likelihood that the acts will both have an effect on the student; and 4. A form of harassment, intimidation or bullying. The act must take place on school grounds, at a school-sponsored function or on a school bus.
The ABR specifies three key elements that must be present in order to constitute bullying: 1. An intent to cause physical or emotional harm or with the knowledge that the act will have a high probability of causing physical or emotional harm; 2. A substantial interference with the student’s education; and 3. A substantially detrimental effect on the physical or mental health of the student. The victimized student must have reasonably perceived themselves to be a target of harassment, intimidation or bullying.
Next, the incident or incidents must: 1. Have been reasonably persistent, or 2. Be an isolated incident that is severe or high-profile, or 3. Must contrast sharply with the aggressor’s previous behavior.
Lastly, the act of bullying must be either 1. Verbal, nonverbal or electronic communication including, but not limited to, a communication created by using any electronic device, including technology and equipment that is owned, leased or control by the school, or 2. A physical act.
It is important to note the 2011 amendment that allows a victim to report potentially criminal misconduct to the proper law enforcement authorities. In such an instance, the alleged victim must be referred to the appropriate law enforcement authority no later than two school days after a formal investigation is initiated and the parent or guardian of the alleged victim must be notified if the alleged incident is potentially criminal.
Investigations and Reporting
In the event of an incident of alleged harassment, intimidation, and/or bullying (H.I.B.), staff members should take the following steps: 1) discuss with the offenders school consequences for their actions; 2) do not simply give the victim a pass to the nurse. The parent of the aggressor should be notified of the infraction. It is often in the best interest to give the victim a pass to the social worker or another administrator; 3) The staff member to whom the incident was reported should initiate the H.I.B. investigation and also make the referral to the H.I.B. Coordinator. This assists the administration in alerting the H.I.B. Coordinator to the incident report; and 4) the staff member should take notes, including dates, observation of students, spoken conversation with students, and copy of referral.
The H.I.B. Coordinator:
- shall be trained annually;
- shall collaborate with the school principal (or designee);
- shall administer trainings, develop H.I.B. programs, and help to monitor the schools H.I.B. climate;
- shall have knowledge of building-level programs and interventions that address or incorporate H.I.B. prevention;
- shall coordinate and maintain all training records for H.I.B. staff; and
- shall keep a list of all school level H.I.B. specialists.
The H.I.B. Coordinator’s Role:
The school district’s H.I.B. policy shall require the H.I.B. Coordinator to:
- investigate H.I.B. complaints;
- determine whether the complaint, or an allegation contained therein, is credible and, if so, shall formally investigate the complaint;
- if a complaint of H.I.B. is substantiated as a result of the investigation, the H.I.B. Coordinator shall refer the case to the principal (or designee) for resolution in accordance with the procedures set forth in section 31 hereof;
- provide information regarding H.I.B. incidents to the parents of both the victim(s) and aggressor(s);
- communicate with the assistant superintendent and/or superintendent regarding H.I.B. incidents as appropriate;
- establish a written record of each investigation and of resulting actions taken and decisions made;
- assess and update as necessary each investigation, including a record of follow-up actions taken after the investigation is concluded;
- be responsible for the compilation and reporting of H.I.B. acts to the commissioner, including inputting data into the electronic reporting system developed by the Department;
- annually review and make recommendations for any changes to the school district’s H.I.B. Policy and H.I.B. programs; and
- perform other duties assigned to the position.
Penalties and Consequences
Students who engage in acts of harassment, intimidation or bullying are subject to a range of consequences and penalties. The specific disciplinary actions that may be taken depend on the severity of the offense, as well as the school district’s own Code of Student Conduct. Under New Jersey law, a student is not immune from criminal penalties for acts of harassment, intimidation or bullying, even if he or she is subject to suspension, expulsion or other school discipline.
The New Jersey Anti-Bullying Bill of Rights Act codified these disciplinary options under New Jersey law.
Among the disciplinary actions available to schools under the Act are change in class schedules, detention, and conferences with parents and/or the child in question. More severe disciplinary actions can include in-school suspension, out-of-school suspension, and expulsion.
The Bill of Rights defines the disciplinary options as follows:
§ 2A: 38-14. School district reporting of acts of harassment, intimidation, or bullying; disciplinary options. In addition, "a student found to have engaged in an act of harassment, intimidation, or bullying will be offered counseling as appropriate," under the Act.
Importantly, New Jersey law places the burden of proof on the school to investigate any report of harassment , intimidation or bullying. The Act requires each school district to implement the anti-bullying policy in a manner that "affords the victim of an act of harassment, intimidation, or bullying a spectrum of responses that balance the need for accountability with the need to teach appropriate behavior."
A specific provision of the Act requires school districts to provide support services for a student who has been subject to harassment, intimidation or bullying:
§ 2A: 38-14. School district reporting of acts of harassment, intimidation, or bullying; disciplinary options…
e. Support services for a student who has been targeted for an act of harassment, intimidation, or bullying, including counseling, peer support groups or other intervention..
The bullying law is essentially a zero-tolerance statute. All acts of bullying are treated equally, regardless of motive, including present or past sexual orientation. The only exception is a protected class that applies to students against acts motivated by race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, or mental, physical or sensory disability, or other distinguishing characteristic.
But regardless of motive, bullying will not be tolerated and there will be serious disciplinary consequences.
Resources Available for Victims
In the aftermath of a bullying incident, it is critical for affected students and their families to know that they are not alone. There are a number of resources and support systems available for victims of bullying in New Jersey. Notably, certain organizations are dedicated to educating the public about the dangers of bullying and to promoting anti-bullying programs and initiatives.
One of the most prominent non-profit organizations dedicated to combatting bullying in schools throughout New Jersey is the Children’s Hospital of Philadelphia’s (CHOP) Center for Injury Research and Prevention (CIRP). The CIRP recently launched a school-based bullying prevention program called "iWhoa!", which works with schools in the Greater Philadelphia region (including in Camden, Gloucester, and Burlington counties in New Jersey) to put an emphasis on bullying prevention. While the program has achieved widespread success in the Philadelphia area, its officials are hoping to expand the scope of iWhoa! to more New Jersey schools in the near future.
Another peer-led anti-bullying initiative available to students across New Jersey is Kidpower, an international organization that teaches individuals of all ages how to be "powerful and safe" in a variety of potentially dangerous situations. In addition to being offered in many school districts across the state, the Kidpower program runs multiple workshops each year in Hamilton Township (Mercer County), Franklin Township (Somerset County), Westfield (Union County), Bridgewater (Somerset County), Lawrence Township (Mercer County), Parsippany (Morris County) and Colonia (Middlesex County). Moreover, any individual can bring the program to their school as the Kidpower Program is designed to be taught in all school settings and environments. Ultimately, the goal of the Kidpower program is to give students the skills and confidence necessary to stand up to bullies without being bullied themselves.
Beyond these anti-bullying initiatives, there are a number of resources available to victims of bullying and their families. Most notably, the Choose Respect program, which is specifically used by the New Jersey Division of Child Protection and Permanency (DCP&P), features a hotline dedicated to bullying prevention. Anyone in need of assistance can contact the Choose Respect anti-bullying hotline at (1-877-652-2873) for information and support.
Engaging Parents and Community Resources
As the prevalence of bullying continues to be a serious issue in schools across the United States, solutions are needed that involve the efforts of entire communities to combat this social problem. When it comes to bullying laws in New Jersey, both parents and community members can play an important role in prevention and intervention efforts.
Parental involvement is essential in avoiding or responding to bullying incidents in New Jersey schools. One of the most straightforward actions that can be taken to address and stop bullying is talking and communicating with children. Children should have an understanding of what bullying and harassment is, and why being involved in such acts – whether as the victim or the perpetrator – is inappropriate. Parents should teach their children to seek help when needed, and encourage them to notify school faculty or other responsible adults when they or their peers are bullied.
Since bullying is often rooted in group behavior, encouraging children to oppose bullying is critical. Children should be taught how to stand up to bullies in a way that does not instigate further harassment .
In addition to direct dialogue, many schools in New Jersey host programs intended to prevent or eliminate bullying. These programs might include presentations for students about the effects of bullying and harassment or community seminars for parents. Parents should familiarize themselves with these programs so that they can encourage participation among their children.
Community involvement is also crucial to curbing the bullying epidemic in New Jersey. By following school bullying policies, for example, community leaders can demonstrate the importance of enforcement and prevention. Many school districts, such as the Galloway Township School District, indicate on their websites that they involve members of the community in developing initiatives to discourage bullying incidents.
Local organizations like the Atlantic County Chapter of the American Red Cross may also introduce programs intended to prevent bullying. These programs can involve educational materials and presentations about anti-bullying initiatives, as well as outreach efforts such as events.