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.

New Jersey’s Anti-Bullying Bill of Rights (ABR) requires schools, including charter schools and approved private schools for students with disabilities, to prevent, report, investigate, and respond to harassment, intimidation, and bullying (HIB). The law also requires training for teachers, school staff, and school board members. School districts must have district anti-bullying coordinators, school anti-bullying specialists, and school safety teams (which includes a parent of a student). Every year, school districts must report bullying incidents to the New Jersey Department of Education (NJ DOE).

This article will refer to “HIB” as “bullying”

What is bullying?

Under NJ law, 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
• Any other distinguishing characteristic.

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 themselves or their 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. The law protects students from bullying by other students and also any school staff.

The bullying definition is confusing. What does it mean?

A child who is being bullied is the target of unwanted or unwelcome aggression. It is one-sided. This is not the same thing as conflict. Not all conflict will meet the legal definition of bullying. Conflict usually involves two or more people who are equally engaged in the behavior. A school must still address incidents of peer conflict by following the policies and rules in the student code of conduct.

Does my child have to be physically harmed?

No, your child does not have to be physically harmed. Bullying does not have to be a physical act such as hitting, kicking, etc. It can involve name calling, teasing, threats, spreading rumors, breaking up friendships and texting.

Cyberbullying

The ABR, protects students from cyberbullying. Cyberbullying is a form of bullying that occurs by using cell phones, computers, iPads, and other types of electronic devices. Sadly, cyberbullying is a common form of bullying impacting school-aged children. It can take many forms. Examples of cyberbullying include inappropriate or unwanted text messages; showing images or video of someone without their permission online; inappropriate use of social media; and filling an email inbox with disgusting images, hurtful emails, or spam. Often, but not always, cyberbullying involves using Tik Tok, Instagram, X, Snapchat, and other forms of social networking. Cyberbullying can happen at any time and anywhere.

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. (See Cyberbullying above.)

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 law requires schools to use a specific form to report bullying. The form for parents or student to report bullying can be found here: HIB 338 Form Harassment, Intimidation, or Bullying (HIB). If a parent or student has not used this form, but has reported it to school staff in another way that school staff person must make their own report. The law requires any staff who has witnessed or has reason to believe bullying has occurred to make a report using a specific staff reporting form.

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

Within one school day of being informed of bullying, the school must start to investigate. 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. This may be the guidance counselor, school psychologist, or another specially trained school staff member.

Is the school allowed to decide no investigation is needed?

Schools are permitted to have a process to make a preliminary determination of whether the conduct will meet the definition of bullying and requires an investigation. The preliminary determination will be reviewed by the superintendent who may still require an investigation.

A parent who disagrees has the right to file an appeal with the school district’s board of education and the New Jersey Department of Education’s Office of Controversies and Disputes.

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

The investigation should be completed as soon as possible, and no later than 10 school days from the day the bullying was reported in writing. Within two days of the investigation’s completion, the results must be reported to the superintendent. The superintendent will decide what action to take. Examples of possible action that could be taken include:

• Providing intervention services like counseling or a peer support group
• Setting up district, school, or class-based anti-bullying programs
• Disciplinary action
• Changing class schedules or transportation
• School transfers
• Taking or recommending other appropriate action.

The results of the investigation and any action to be taken 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. At the next board meeting, the school board is required to make a written decision accepting, changing, or modifying the superintendent’s decision.

How will I know the results of the investigation?

The school must give parents or guardians of any involved students information about the investigation. The information should be provided in writing within five school days from 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.

If you disagree with the investigation results or the action being taken, you can request a hearing before the board of education.

The request must be made request within 60 calendar days of receiving the written information about the investigation. The hearing must be held within 10 business days of the request.

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

If you disagree, you may appeal the Board’s decision to the Commissioner of Education no later than 90 days from the Board’s 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. A complaint can also be filed in New Jersey Superior Court within two years of the occurrence.

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 LSNJLAW^SM, Legal Services of New Jersey’s statewide, toll-free legal Hotline online or by phone at 1-888-LSNJ-LAW (1-888- 576-5529). If you are not eligible for assistance from Legal Services, the Hotline will refer you to other possible resources.​​​​​

This information last reviewed: Jul 18, 2025