THE NEW ANTI-BULLYING LAW

P R O C E D U R E S A N D P O L I C Y R E Q U I R E M E N T S

CLIMATE CHANGE

The District is required to attempt to change the climate as per the newly-enacted law

A main goal is the prevention of HIB, and the new law’s procedures and policy requirements should assist with that goal

WHAT IS BULLYING?

Bullying includes a wide variety of behaviors, but all involve a person or a group repeatedly and

intentionally trying to harm someone weaker or more vulnerable. It

can involve direct attacks such as hitting, threatening, or intimidating, maliciously teasing

and taunting, name calling, making sexual remarks, and stealing or damaging property, or more subtle, indirect attacks such as spreading

rumors or encouraging others to reject or exclude someone.

WHAT IS BULLYING?

Bullying also includes threatening, or intimidating, maliciously teasing and taunting, name calling or

making sexual remarks delivered through

electronic communication

Electronic communication means a communication

transmitted by means of an electronic device,

including, but not limited to, a telephone,

cellular phone, computer, or pager.

This includes e-mail, text messages, Facebook, Twitter,

Tumblr, other social networking sites and the like.

WHAT IS BULLYING?

Can be a single incident or a series of incidents

Can take place on school property, at any school-sponsored event, on a school bus OR off school grounds as provided by N.J.S.A. 18A:37-15.3

Any incident that substantially disrupts or interferes with the orderly operation of the school or the rights of other students

WHAT IS BULLYING?

An incident is considered bullying if it meets one

of the following additional criteria:

If the actions are such that a reasonable person should know, under the circumstances, will either:

(1) Has the effect of physically or emotionally harming a student OR damaging the student's property

(2) Placing the student in reasonable fear of physical or emotional harm

(3) Has the effect of insulting or demeaning any student or group of students

(4) Creates a hostile educational environment for the student by interfering with a student's education or by severely or pervasively causing physical or emotional harm to the student

POLICY REQUIREMENTS

School districts must all have

Anti-HIB policies

Policies must meet the following standards

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

(School Safety Team)

POLICY REQUIREMENTS

Mandatory Policy Language

A statement prohibiting HIB of a student

A description of the type of behavior expected from each student

A definition of HIB that is no less inclusive that is set forth in N.J.S.A. 18A:37-14

Consequences and appropriate remedial action for a person who commits an act of HIB

POLICY REQUIREMENTS

A procedure for reporting an act of HIB, including a provision that permits anonymous reports

Formal disciplinary action solely on the basis of an anonymous report is not

permitted

POLICY REQUIREMENTS

A statement that prohibits reprisal or retaliation against any person who reports an act of HIB and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation

Consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of HIB

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

POLICY REQUIREMENTS

A requirement that the name, school phone number, school address and school e-mail address of the District Anti-Bullying Coordinator be listed on the home page of the school district’s website and on the home page of each school’s website the name, school phone number, school address and school e-mail address of the School Anti-Bullying Specialist

Districts must annually review the policy and transmit it to the Commissioner of Education annually

REPORTING PROCESS

All acts of HIB shall be reported verbally to the principal on the same day

Principal informs the parents or guardians of all students involved

All acts of HIB shall be reported in writing to the school principal within two school days

REPORTING PROCESS

Form A --- Handout

REPORTING TIMELINE

Principal starts the investigation, conducted by the School Bullying Specialist, within one day of the written report

The School Bullying Specialist conducts the investigation as soon as possible but no later than ten days from the date of the written report (Report can be amended if relative information is anticipated but not yet received by the end of the ten days)

REPORTING PROCESS

Insert Form B --- See Handout

REPORTING PROCESS

Form B1 --- See Handout

REPORTING PROCESS

Form B2 --- See Handout

REPORTING PROCESS

Form B3 --- See Handout

REPORTING PROCESS

Results of the investigation are reported to the Superintendent within two school days of the completion of

the investigation

REPORTING PROCESS

Form C --- See Handout

REPORTING PROCESS

Results of the investigation are reported to the BOE no later than the

date of the next Board meeting following completion of the

investigation

REPORTING PROCESS

Form D --- See Handout

REPORTING PROCESS

Parents or guardians of the students of all

parties involved are entitled to receive

information about the investigation

REPORTING PROCESS

Form letter #3 --- See Handout

REPORTING PROCESS

Form letter #4 --- See Handout

REPORTING PROCESS

Parents or guardians may request a hearing

before the BOE, which shall be held within

ten days of the request (in Executive Session

to protect the privacy of those involved)

REPORTING PROCESS

The BOE shall issue a decision in writing,

at the next BOE meeting following

the receipt of the report

REPORTING PROCESSParents, guardians or organizations may

file a complaint with the Division of Civil

Rights within 180 days of the occurrence

of any incident

SCHOOL ANTI-BULLYING SPECIALIST

Appointed by the Principal in each school.

Responsible for chairing the School Safety Team

Responsible for leading the investigation of incidents of HIB in the school

Acts as the primary school official responsible for preventing, identifying, and addressing incidents of HIB in the school

DISTRICT ANTI-BULLYING SPECIALIST

Appointed by the Superintendent

Coordinates and strengthens the school district's policies to

prevent, identify, and address HIB of students;

Collaborates with School Anti-Bullying Specialists in the district,

the board of education, and the Superintendent of Schools to

prevent, identify, and respond to HIB of students

Provides data, in collaboration with the superintendent of schools, to the Department of Education regarding HIB of students

Executes such other duties related to school HIB as requested by

the Superintendent of Schools.

Meets at least twice a school year with the school anti-bullying

specialists in the district to discuss and strengthen procedures and

policies to prevent, identify, and address HIB in the district

SCHOOL SAFETY TEAM

The law requires that each school have a School Safety Team to develop, foster, and maintain a positive school climate by focusing on the on going, systemic process and practices in the school and to address school climate issues such as HIB

Shall meet at least two times per school year

Shall consist of the Principal or his/her designee who, if possible, shall be a senior administrator in the school and the following individuals:

A teacher in the school A school Anti-Bullying Specialist A parent of a student in the school and Other members to be determined by the Principal

The School Anti-Bullying Specialist shall serve as the chair of the School Safety Team

CONCLUSION

Be alert for any inappropriate behavior

Verbally report any bullying incident to the Principal the same day

Fill out written report within two school days and give to the Principal

Use common sense – not everything is considered bullying