ASSEMBLY, No. 1969

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblyman  JON M. BRAMNICK

District 21 (Morris, Somerset and Union)

Assemblywoman  BETTYLOU DECROCE

District 26 (Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Mandates additional requirements for anti-bullying policies of public schools, expands information provided in DOE guidance document on bullying, and requires parents be provided clear explanation of student rights in school bullying investigations.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning incidents of harassment, intimidation, or bullying at public schools and amending P.L.2002, c.83 and P.L.2010, c.122.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.2002, c.83 (C.18A:37-15) is amended to read as follows:

     3.    a.  Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus. The school district shall adopt the policy through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives.

     b.    A school district shall have local control over the content of the policy, except that the policy shall contain, at a minimum, the following components:

     (1)   a statement prohibiting harassment, intimidation or bullying of a student;

     (2)   a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2 of P.L.2002, c.83 (C.18A:37-14);

     (3)   a description of the type of behavior expected from each student;

     (4)   consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying;

     (5)   a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment, intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.

     All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the same day when the school employee or contracted service provider witnessed or received reliable information regarding any such incident.  The principal shall inform the parents or guardians of all students involved in the alleged incident, and may discuss, as appropriate, the availability of counseling and other intervention services.  A student involved in the alleged incident shall not be interviewed by any school personnel without the parent or guardian being provided the opportunity to be present at the interview.  The principal shall use conflict resolution techniques with the students involved in the alleged incident to address and resolve the matter.  If the conflict resolution techniques are deemed unsuccessful by the principal, he or his designee, in consultation with the anti-bullying specialist, shall make a preliminary determination as to whether a reported incident or complaint is a report of an act of harassment, intimidation, or bullying pursuant to section 2 of P.L.2002, c.83 (C.18A:37-14) prior to initiating an investigation.  All acts of harassment, intimidation, or bullying shall be reported in writing to the school principal within two school days of when the school employee or contracted service provider witnessed or received reliable information that a student had been subject to harassment, intimidation, or bullying;

     (6)   a procedure for prompt investigation of reports of violations and complaints, which procedure shall at a minimum provide that:

     (a)   the investigation shall be initiated by the principal or the principal's designee [within one school day of the report of the incident] and shall be conducted by a school anti-bullying specialist.  The principal may appoint additional personnel who are not school anti-bullying specialists to assist in the investigation.  The investigation shall be completed as soon as possible, but not later than [10] 30 school days from the date of the written report of the incident of harassment, intimidation, or bullying.  In the event that there is information relative to the investigation that is anticipated but not yet received by the end of the [10-day] 30-day period, the school anti-bullying specialist may amend the original report of the results of the investigation to reflect the information;

     (b)   the results of the investigation shall be reported to the superintendent of schools within two school days of the completion of the investigation, and in accordance with regulations promulgated by the State Board of Education pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the superintendent may decide to provide intervention services, establish training programs to reduce harassment, intimidation, or bullying and enhance school climate, impose discipline, order counseling as a result of the findings of the investigation, or take or recommend other appropriate action;

     (c)   the results of each investigation shall be reported to the board of education no later than the date of the board of education meeting next following the completion of the investigation, along with information on any services provided, training established, discipline imposed, or other action taken or recommended by the superintendent;

     (d)   parents or guardians of the students who are parties to the investigation shall be entitled to receive information about the investigation in writing, in accordance with federal and State law and regulation, including the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying.  The information shall also include copies of all written records produced in regard to the investigation, including emails, letters, and text messages.  This information shall be provided [in writing] within 5 school days after the results of the investigation are reported to the board.  A parent or guardian may request a hearing before the board after receiving the information, and the hearing shall be held within 10 days of the request.  The board shall meet in executive session for the hearing to protect the confidentiality of the students.  At the hearing the board may hear from the school anti-bullying specialist about the incident, recommendations for discipline or services, and any programs instituted to reduce such incidents;

     (e)   at the next board of education meeting following its receipt of the report, the board shall issue a decision, in writing, to affirm, reject, or modify the superintendent's decision.  The board's decision may be appealed to the Commissioner of Education, in accordance with the procedures set forth in law and regulation, no later than 90 days after the issuance of the board's decision; and

     (f)   a parent, student, guardian, or organization may file a complaint with the Division on Civil Rights within 180 days of the occurrence of any incident of harassment, intimidation, or bullying based on membership in a protected group as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.);

     (7)   the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified, which shall be defined by the principal in conjunction with the school anti-bullying specialist, but shall include an appropriate combination of services that are available within the district such as counseling, support services, intervention services, and other programs, as defined by the commissioner.  In the event that the necessary programs and services are not available within the district, the district may apply to the Department of Education for a grant from the "Bullying Prevention Fund" established pursuant to section 25 of P.L.2010, c.122 (C.18A:37-28) to support the provision of out-of-district programs and services;

     (8)   a statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation;

     (9)   consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation or bullying;

     (10)  a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions;

     (11)  a requirement that a link to the policy be prominently posted on the home page of the school district's website and distributed annually to parents and guardians who have children enrolled in a school in the school district; and

     (12)  a requirement that the name, school phone number, school address and school email address of the district anti-bullying coordinator be listed on the home page of the school district's website and that on the home page of each school's website the name, school phone number, school address and school email address of the school anti-bullying specialist and the district anti-bullying coordinator be listed.  The information concerning the district anti-bullying coordinator and the school anti-bullying specialists shall also be maintained on the department's website.

     c.     A school district shall adopt a policy and transmit a copy of its policy to the appropriate executive county superintendent of schools by September 1, 2003.  A school district shall annually conduct a re-evaluation, reassessment, and review of its policy, making any necessary revisions and additions.  The board shall include input from the school anti-bullying specialists in conducting its re-evaluation, reassessment, and review.  The district shall transmit a copy of the revised policy to the appropriate executive county superintendent of schools within 30 school days of the revision.  The first revised policy following the effective date of P.L.2010, c.122 (C.18A:37-13.1 et al.) shall be transmitted to the executive county superintendent of schools by September 1, 2011.

     d. (1) To assist school districts in developing policies for the prevention of harassment, intimidation, or bullying, the Commissioner of Education shall develop a model policy applicable to grades kindergarten through 12.  This model policy shall be issued no later than December 1, 2002.

     (2)   The commissioner shall adopt amendments to the model policy which reflect the provisions of P.L.2010, c.122 (C.18A:37-13.1 et al.) no later than 90 days after the effective date of that act and shall subsequently update the model policy as the commissioner deems necessary.

     e.     Notice of the school district's policy shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for schools within the school district, and in any student handbook.

     f.     Nothing in this section shall prohibit a school district from adopting a policy that includes components that are more stringent than the components set forth in this section.

(cf: P.L.2012, c.1, s.1)

 

     2.    Section 21 of P.L.2010, c.122 (C.18A:37-24) is amended to read as follows:

     21.  a.  The Department of Education, in consultation with the Division on Civil Rights in the Department of Law and Public Safety shall develop a guidance document for use by parents or guardians, students, and school districts to assist in resolving complaints concerning student harassment, intimidation, or bullying behaviors and the implementation of P.L.2002, c.83 (C.18A:37-13 et seq.) by school districts.  The document shall include:

     (1)   a school district's obligations under P.L.2002, c.83 (C.18A:37-13 et seq.);

     (2)   best practices for the prevention, intervention, and remediation of harassment, intimidation, or bullying in schools, including methods to identify and assist student populations at high risk for harassment, intimidation, or bullying;

     (3)   a clear explanation of the procedures for petitioning the Commissioner of Education to hear and decide disputes concerning P.L.2002, c.83 (C.18A:37-13 et seq.);

     (4)   a clear explanation of the Division on Civil Rights' jurisdiction and services in regard to specific types of harassment, intimidation, or bullying; [and]

     (5)   a clear explanation of the process for appealing final agency determinations to the Appellate Division of the Superior Court;

     (6)   clarification of ways in which harassment, intimidation, or bullying may substantially disrupt or interfere with the orderly operation of the school or the rights of other students; and

     (7)   a clear explanation of the rights of students who are the alleged victims of harassment, intimidation, or bullying or who are accused of harassment, intimidation, or bullying.

     b.    The guidance document shall be available on the Department of Education's and the Division on Civil Rights' Internet sites and on every school district's Internet site at an easily accessible location.

     c.     A school district shall distribute annually to parents and guardians who have children enrolled in the school district a copy of the explanation of student rights, which has been included in the guidance document pursuant to paragraph (7) of subsection a. of this section. 

(cf: P.L.2010, c.122, s.21)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     Current law requires each school district to adopt a policy prohibiting harassment, intimidation or bullying.  The law also specifies the various provisions which the policy must, at a minimum, contain. This bill requires certain additional provisions be included in the anti-bullying policy.  Pursuant to the bill, the policy must include a provision stating that students involved in an alleged incident of harassment, intimidation, or bullying will not be interviewed by any school personnel without the parent or guardian having been provided an opportunity to be present.  The policy must also provide that after having been informed of the bullying incident and having notified the parents or guardians, the principal must use conflict resolution techniques with the students involved in the incident in order to resolve the matter.  If the conflict resolution techniques are unsuccessful, the next step in the process requires the principal to make a preliminary determination as to whether a reported incident or complaint is a report of an act of harassment, intimidation, or bullying as those terms are defined by law, prior to initiating an investigation.

     The bill provides that the investigation of the alleged harassment, intimidation, or bullying incident must be completed no later than 30 days from the date the written report of the incident is provided to the principal.  Current law requires the investigation to be completed no later than 10 days from the date the written report is provided.  This bill extends the time frame to allow a sufficient time period for the principal to implement conflict resolution techniques and make a preliminary determination regarding the alleged incident.

     Under current law, once the investigation is completed, parents or guardians are provided information in writing regarding the investigation, including the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying.  The bill requires that the information provided to the parents or guardians must also include copies of all written records produced in regard to the investigation, including emails, letters, and text messages.

     The Department of Education, in consultation with the Division on Civil Rights in the Department of Law and Public Safety, is required by law to develop a guidance document for use by parents or guardians, students, and school districts to assist in resolving complaints concerning harassment, intimidation, or bullying.  This bill requires additional items to be included in the guidance document: a clarification of the ways in which harassment, intimidation, or bullying may be deemed to have substantially disrupted or interfered with the orderly operation of the school or the rights of other students; and a clear explanation of the rights of the students who are the alleged victims or the alleged perpetrators of incidents of harassment, intimidation, or bullying.  A copy of the explanation of the students’ rights is required to be provided by the district to the parents and guardians of students enrolled in the district.