WHAT YOU NEED TO KNOW ABOUT THE NEW ANTI-BULLYING LAW

WHAT YOU NEED TO KNOW ABOUT THE NEW ANTI-BULLYING LAW Caldwell College May 20, 2011 Elizabeth Athos, Esq. , Education Law Center

New Law for Prevention of HIB • January 5, 2011 -- Anti-Bullying Bill of Rights Act signed into law • Act to take effect 2011-12 school year, with Commissioner to take advance administrative action necessary for implementation • September 1, 2011 -- revised school district policies for the prevention of harassment, intimidation or bullying (HIB) due to executive county superintendent • Intent of law to strengthen standards and procedures for preventing, reporting, investigating and responding to HIB of students in school and off school premises

Definition of HIB • Any written, verbal or physical act or electronic communication • Whether single incident of series of incidents • Reasonably perceived as motivated by actual or perceived protected characteristic or any other distinguishing characteristic • Takes place on school property, function, or bus OR off school-grounds • Substantially disrupts or interferes with orderly operation of school or rights of other students AND • Reasonable person should know will have effect of causing physical or emotional harm (or reasonable fear of same) to student’s person or property • Has effect of insulting or demeaning any student or group of students OR • Creates hostile educational environment by interfering with student’s education or by severely or pervasively causing physical or emotional harm to student

Key New Features of Anti-Bullying Bill of Rights • Amendment of HIB policy components • Enhanced public reporting • Significant training requirements • Establishment of District Anti-Bullying Coordinator, School Anti-Bullying Specialist, and School Safety Team • Creation of timelines and procedures for reporting, investigation, response, hearing, and appeal or state administrative complaint • Obligation to annually establish, implement, document and assess school-wide bullying prevention program or approaches • Possibility of disciplinary action for school administrators’ failure to comply • Establishment of Bullying Prevention Fund through which monies can be collected and distributed for training grants

Public Reporting Requirements • Data identifying number and nature of all reports of HIB to be included in school district and school report cards • HIB added to violence and vandalism reporting • Must include number of reports of HIB, status of all investigations, nature of bullying based on protected categories, names of investigators, type and nature of discipline imposed, other measures imposed, training conducted or programs implemented • 2 times per year at public hearing and to DOE • Report used to grade each school and district • Grades and report posted on school and district website homepage within 10 days of receipt of grade • Annual Commissioner report to Education Committees of Senate and General Assembly available no later than October 1 and posted on Department’s website

Training Requirements • For each school board member, provided by NJ School Boards Association in consultation with recognized experts • Must include school district’s responsibilities under Anti-Bullying law • For school employees and volunteers who have significant contact with students, provided by school district • Must include instruction on preventing bullying on basis of protected categories and other distinguishing characteristics • For safe school resource officers and public school liaisons to law enforcement, provided by Police Training Commission • Must include training in protection of students from HIB, including HIB that occurs electronically • For District Anti-Bullying Coordinators and School Anti-Bullying Specialists, in-service workshops and training programs available at regular intervals established by Commissioner in consultation with recognized experts, with each school district to provide time for in-service training • For school leaders, information on HIB prevention to be included in training identified by Commissioner of Education in consultation with State Advisory Committee on Professional Development for School Leaders • For office of executive county superintendent personnel responsible for conducting investigations, provided by Commissioner

Pre-Certification Training Requirements • Satisfactory completion of program on HIB required for: • All candidates for teaching certification beginning 2012-13 • All seeking alternative route certification, within one year of being employed, beginning 2011-2012 • All candidates for administrative and supervisory certification beginning 2012-13

Additional training requirements • At least two hours instruction on HIB in each professional development period for each public school teacher • Requirement for two hours instruction in suicide prevention in each professional development period must now include information on relationship between risk of suicide and incidents of HIB and on reducing risk of suicide for those at high risk • Ongoing staff training in fulfilling violence, vandalism and HIB reporting requirements, provided by school districts in cooperation with Department of Education • Information regarding HIB policy incorporated into school employee training program and provided to full- and part-time volunteers who have significant contact with students and persons contracted to provide services to students • Professional development opportunities addressing effective practices of successful school climate programs or approaches must be provided to members of school safety team

Policy prohibiting HIB • Every NJ school district required to adopt policy prohibiting HIB on school property, at school-sponsored function or on school bus • Adoption of policy must be through process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives • State law establishes minimum required components; otherwise allows local control over contents, which can be more stringent • DOE model policy should be used for guidance, but cannot be adopted as district’s complete policy. Amended model policy is available at http://www.state.nj.us/education/parents/bully.htm. DOE checklist for adequacy of district policy is available at http://www.state.nj.us/education/students/safety/behavior/hib/HIBCombined.pdf, Attachment 8. • Policy must be annually re-evaluated, reassessed and reviewed • Input from school anti-bullying specialists required • Revised policy sent to executive county superintendent within 30 school days of revision

Essential Components of HIB Policy • Statement prohibiting HIB of student • HIB definition • Description of expected behavior • Consequences and appropriate remedial action for person who commits act of HIB • Procedure for reporting HIB • Procedure for investigation of HIB and reporting and appeal of results • Range of ways school will respond to HIB – defined by principal together with school anti-bullying specialist • Provisions for appropriate responses to HIB that occurs off school grounds

Essential Components of HIB Policycont’d • Statement prohibiting reprisal or retaliation against person reporting HIB and consequence and appropriate remedial action for person who engages in reprisal or retaliation • Consequences and appropriate remedial action for person found to have falsely accused another • Statement of how policy is to be publicized • Requirement that link to policy be prominently displayed on home page of district’s website and distributed annually to parents and guardians • Requirement that district anti-bullying coordinator contact information be listed on home page of district website, on home page of each school’s website, and on Department’s website • Requirement that school anti-bullying specialist contact information be listed on home page of each school’s website and on Department’s website • Contact information for both must consist of name, school phone number, school address, and school email address

Other Statutory RequirementsDistrict and Staff Obligations • School district must develop process for discussing district’s HIB policy with students • Principal in each school must appoint school anti-bullying specialist • Superintendent of schools must appoint district anti-bullying coordinator • School district shall form school safety team • Schools and school districts shall annually establish, implement, document, and assess bullying prevention programs or approaches • Must be designed to create school-wide conditions to prevent and address HIB • School district shall observe “Week of Respect” beginning first Monday in October, by providing age-appropriate instruction focusing on preventing HIB • Throughout school year, school district shall provide ongoing age-appropriate instruction on preventing HIB in accordance with CCCS • School district must provide notice of HIB policy in any publication that sets forth comprehensive rules, procedures and standards of conduct and in any student handbook • School district must post DOE/DCR guidance document on website at easily accessible location

Other Statutory RequirementsDOE Obligations • Commissioner must adopt amendments to model policy and subsequently update model policy as necessary • Commissioner shall establish formal protocol for investigation by office of executive county superintendent of schools of HIB complaints that have not been addressed adequately on local level • DOE, in consultation with DCR, shall develop guidance document for use by parents, guardians, students, and school districts in resolving HIB complaints and post on websites • Must include best practices for prevention, intervention, and remediation of HIB • Commissioner must evaluate effectiveness of consulting group (used to establish in-service workshops and training programs) on annual basis • Commissioner, in consultation with DCR, shall develop an online tutorial on HIB available on website • Must be accompanied by test to assess understanding of information provided • DOE shall create and Commissioner shall administer “Bullying Prevention Fund” used to offer grants to school districts to provide training on HIB prevention and on effective creation of positive school climates • Fund consists of any monies appropriated by State, donations, and all interest and investment earnings

Still More Statutory Requirements • Imposes obligation to report incidents of HIB on: board members; school employees, contracted service providers; students; and volunteers • Triggered by having witnessed, or having obtained reliable information regarding, student subjected to HIB • Report must be made to school official designated by policy or any school administrator or safe schools resource officer who must then immediately initiate school district’s HIB procedures • Board member or school employee who promptly reports is immune from liability arising from failure to remedy reported incident • Subjects school administrators to possible disciplinary action for failure to initiate or conduct evaluation or to take sufficient action to minimize or eliminate HIB • Does not alter or reduce rights of students with disabilities • Does not affect provisions of any collective bargaining agreement or individual contract of employment in effect on Act’s effective date

School Anti-Bullying Specialist • Appointed by principal from currently employed school personnel • First priority to school guidance counselor, school psychologist or another individual similarly trained • Primary school official responsible for preventing, identifying, and addressing incidents of HIB in the school • Duties include chairing school safety team, and leading investigations of incidents of HIB • Must receive initial and ongoing training (at regular intervals)

District Anti-Bullying Coordinator • Appointed by Superintendent, who must make every effort to appoint employee of school district • Required to meet at least twice a school year with district’s school anti-bullying specialists to discuss and strengthen policies and procedures related to HIB • Responsibilities include: • Coordinating and strengthening district policies to prevent, identify and address HIB • Collaborating with school anti-bullying specialists, board of education, and superintendent to prevent, identify and respond to HIB • Providing data regarding HIB, in collaboration with superintendent, to DOE • Executing other duties related to HIB as requested by superintendent

School Safety Team • Purpose is to develop, foster and maintain a positive school climate by focusing on on-going systemic process and practices and to address school climate issues such as HIB • Required to meet at least two times per school year; chaired by school anti-bullying specialist • Consists of principal or designee (if possible, senior administrator) and following appointees of principal: teacher; school anti-bullying specialist; parent; and other members determined by principal • Required to: • Receive complaints of HIB of students reported to principal • Receive copies of reports of investigation of HIB • Identify and address patterns of HIB in school • Review and strengthen school climate and policies • Educate community • Participate in training • Collaborate with district anti-bullying coordinator • Execute other duties related to HIB as requested by principal or district anti-bullying coordinator • Parent member shall not participate in activities that may compromise confidentiality of student (including first three bulleted activities)

Procedures for Reporting and Investigating HIB • Verbal report to school principal on same day school employee or contracted service provider witnessed or received reliable information regarding HIB • Principal shall inform parents or guardians of all students involved • Principal may discuss, as appropriate, availability of counseling and other intervention services • Written report within two school days • Investigation initiated by principal or designee within one school day of report of incident • Conducted by school anti-bullying specialist • Principal may appoint additional personnel to assist • Investigation completed not later than 10 school days from date of written report of incident • School anti-bullying specialist may amend original report to reflect information anticipated but not yet received by end of 10 day period

Procedures Upon Completion of HIB Investigation • Results of investigation reported to superintendent within two school days of completion • Superintendent may take or recommend appropriate action, including providing intervention services, establishing training programs to reduce HIB or enhance school climate, imposing discipline, and/or ordering counseling • Results of investigation and action taken or recommended by superintendent reported to board of education no later than its next meeting following completion of investigation

Procedures Upon Completion of HIB Investigation, cont’d • Information about investigation must be provided to parents or guardians of students who are parties to investigation • Must be in writing within 5 school days after reporting results to board • Must include nature of investigation, whether district found evidence of HIB, whether discipline was imposed or services provided to address HIB • Parent or guardian may request hearing before board after receiving information • Board hearing must be held within 10 days of parental request • Hearing to be conducted during executive session to protect confidentiality • School anti-bullying specialist may testify about incident, recommendations for discipline or services, and any programs instituted to reduce such incidents • Board to issue written decision, affirming, rejecting or modifying superintendent’s decision, at its next meeting following receipt or report

Appeals and Alternate Procedures • Parent or guardian may appeal board’s decision to Commissioner of Education within 90 days of issuance of board’s decision • Parent or guardian may file formal written complaint for investigation with county office of education when complaint has not been adequately addressed at local level • Parent, student, guardian, or organization may file complaint with Division on Civil Rights within 180 days of occurrence of HIB based on membership in group protected under Law Against Discrimination • Victim may pursue remedies under other civil or criminal laws

Range of Ways School Responds to HIB • Range of way school responds to identified HIB is to be defined by principal, in conjunction with school anti-bullying specialist • Must include appropriate combination of counseling, support services, intervention services, and other programs, as defined by Commissioner • Individual, classroom, school, and/or district-wide responses • Consequences and appropriate remedial actions that range from positive behavioral interventions to suspension or expulsion (as permitted by discipline laws) • Support for victims of HIB required • Mediation is inappropriate strategy to address HIB • Systemic HIB measures, as appropriate • For example, adoption of research-based, systemic bullying prevention program, staff training, disciplinary action for school staff who contributed to problem, schedule or traffic pattern adjustments, targeted use of monitors, etc. • See DOE Model Policy and Guidance, Part 4, Sections 4 and 7, available at http://www.state.nj.us/education/parents/bully.htm • See DOE HIB Complaint Procedures and Investigation Protocols, Attachment 6, available at http://www.state.nj.us/education/students/safety/behavior/hib/HIBCombined.pdf

Applicability to Other Educational Institutions • Public institutions of higher education required to adopt policy prohibiting HIB • Policy must be included in student code of conduct, distributed by email to each student within 7 days of start of semester, and posted on website • Nonpublic schools encouraged to comply with provisions of Anti-Bullying Bill of Rights Act • No provision of Act shall be interpreted as prohibiting or abridging the legitimate expression of beliefs by those at a faith-based nonpublic school

WHAT YOU NEED TO KNOW ABOUT THE NEW ANTI-BULLYING LAW