Bullying is a serious problem facing school-aged children. In recent years, there has been increasing attention and awareness directed toward the issue of bullying in schools. Nationally, approximately one-third of students ages 12-18 reported having been bullied in the prior school year. New Jersey’s rate of bullying is slightly higher.

Recently, changes were made to New Jersey’s anti-bullying law. The new law, the Anti-Bullying Bill of Rights, became effective in September 2011. The new law strengthens standards for schools to prevent, report, investigate, and respond to bullying. Other important new requirements include training requirements for teachers, school staff, and school board members. School districts are now required to have district anti-bullying coordinators, school anti-bullying specialists, and school safety teams (which includes a parent of a student). School districts must include information on the number and nature of bullying incidents on their school report card. (See School Report Card (from The New Jersey Department of Education))

The law requires school districts to report other information related to bullying. The State will give schools a grade on their anti-bullying policies and programs. The school programs will be reviewed to see if they follow the Anti-Bullying Bill of Rights. Grades for the school districts and schools are also to be posted on the school district’s website. Schools will observe the first week in October as a “Week of Respect.” During the Week of Respect, schools must give students age-appropriate training and information on preventing bullying.

What is bullying?

The New Jersey law defines bullying is any gesture, any written, verbal or physical act, or any electronic communication that is reasonably perceived as being motivated by either an actual or perceived characteristic, such as:

• Race
• Color
• Religion
• Ancestry
• National origin
• Gender
• Sexual orientation
• Gender identity and expression
• Mental, physical, or sensory disability

In order to be bullying, the conduct must:

• Be something that a reasonable person under the circumstances should know would have the effect of physically or emotionally harming a student or a student’s property, or putting a student in reasonable fear of harm to himself or herself or his or her property;
• Insult or put down a student or group of students; or
• Create a hostile educational environment for the student by interfering with their education or severely or pervasively causing physical or emotional harm to the student.

Bullying can be a series of incidents or a single incident. Students are not the only people who can bully others. School officials, staff, and teachers can also commit acts of bullying.

Does my child have to be physically harmed?

Bullying does not have to be a physical act such as hitting. It may also be an act that causes emotional harm, damages property, or places a student in fear of physical or emotional harm or damage.

Does bullying have to take place at school?

No. Bullying can take place on school property or at any school-sponsored function, on a school bus, or in some situations off school grounds.

My child attends a charter school. Does the law apply to her?

Yes, the Anti-Bullying Bill of Rights applies to charter schools. If your child attends a charter school, the charter school must comply with the same rules and requirements.

I think my child is being bullied. What should I do?

Your child’s school is required to have a bullying policy. It should be available online, and copies should be given to parents every year. You should review the policy. The policy should include a procedure for reporting a bullying incident. You may verbally report bullying, but you should also send a letter. Your letter should include specific details about the bullying incident. You should also state when you reported the bullying and the name of the person you told about the bullying. Also include your concerns and any specific actions you want the school to take. Make sure to keep a copy of the letter.

I have told the school my child is being bullied. What do they have to do?

Within one day of getting a verbal report about an incident of bullying, the school must investigate that incident. The school’s anti-bullying specialist must conduct the investigation. An anti-bullying specialist is the school staff person responsible for preventing, identifying, and responding to incidents of bullying in the school. He or she may be the guidance counselor, school psychologist, or another specially trained school staff member.

My child’s school is investigating. What happens next?

The investigation should be completed as soon as possible, and no later than 10 days from the day the bullying was reported in writing. Once the investigation is completed, the results of the investigation must be reported to the superintendent within two days. The superintendent may decide to:

• Provide intervention services, such as counseling or a peer support group
• Establish training programs
• Discipline the student
• Take or recommend other appropriate action.

The results of the investigation must be reported to the Board of Education (Board) no later than the date of the next Board meeting following the completion of the investigation. Information on action taken or recommended by the superintendent must also be reported to the Board. At the next Board meeting, the Board must issue a written decision, agreeing with, rejecting, or changing the superintendent’s decision.

How will I know the results of the investigation?

Parents or guardians of students who are involved in the incident are entitled to receive information about the investigation. The information should be provided in writing within five school days of when the investigation is reported to the Board and should include:

• The nature of the investigation
• Whether evidence of bullying was found
• Whether discipline was imposed
• Whether services were provided.

Parents may request a hearing before the Board. The hearing must be held within 10 days of the request. Parents may want to request a hearing if they do not agree with the results of the investigation or actions that will be taken. The Board may hear from the school’s anti-bullying specialist about the incident, the discipline or services that the specialist recommends, or programs that will be started.

What can I do if I do not agree with the Board of Education’s decision?

A parent may appeal the Board’s decision to the Commissioner of Education no later than 90 days after the Board issues its decision. For more information on how to file an appeal to the Commissioner of Education, see Frequently Asked Questions: Controversies and Disputes.

Schools may also be held liable under the New Jersey Law Against Discrimination if they knew or should have known about the bullying but failed to take reasonable action to address it. Complaints can be made to the New Jersey Division on Civil Rights (DCR) within 180 days of the occurrence of a bullying incident. See How to File a Complaint (from the New Jersey Division on Civil Rights) for more information.

If you have any questions about the information in this article or think that your rights or your child’s rights have been violated, contact LSNJ-LAW™, Legal Services of New Jersey’s statewide, toll-free legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529). Hotline hours are Monday through Friday, 8 a.m. to 5:30 p.m. If you are not eligible for assistance from Legal Services, the hotline will refer you to other possible resources.

This article is from the October 2011 issue of Looking Out for Your Legal Rights^®.