Harassment, Intimidation and Bullying (“HIB”) Claims

New Jersey Anti-Bullying Bill of Rights Act

Originally enacted in 2002, N.J.S.A. 18A:37-13 provided for the state’s first anti-bullying law in public schools. Then, in 2011, New Jersey enacted an amendment to the anti-bullying statute, entitled the Anti-Bullying Bill of Rights Act ("ABR"). The most sweeping changes to the anti-bullying law include a broad definition of HIB, establishment of an Anti-Bullying Specialist ("ABS"), and new reporting and investigation guidelines. All of these topics are discussed below.

Under the ABR, N.J.S.A. § 18A:37-14, an incident is considered HIB if:

[A]ny gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds as provided for in section 16 of P.L.2010, c.122 (C.18A:37-15.3), that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that: (a) reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property; (b) has the effect of insulting or demeaning any student or group of students; or (c) 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.

Procedure

School districts are required to follow certain policies and procedures related to HIB. First, the Board of Education must develop a HIB policy with consultation from representatives of the community at large (parents, students, school staff, etc.). The HIB policy must be publicized by a link to the policy on the home page of the school district website. It must also be distributed annually to all parents, and noticed in any publication of the school district that sets for the comprehensive rules for the district.

Even if HIB occurs off of school grounds, school districts are responsible for addressing the situation if they are made aware of it and the HIB substantially disrupts the orderly operation of the school or the rights of the students. Further, the ABR applies to all sponsored activities on school property, at school-sponsored functions, and on school buses.

Each school district must also train new full and part-time staff, contracted service providers, and volunteers in HIB. This includes bus drivers and substitute teachers. All are required to report instances of HIB. Further, school districts are required to submit reports on HIB to the public and to the Department of Education twice annually. The department then assigns a grade to schools and to districts, which must be posted on the school district website. Data identifying the number and nature of all reports of HIB are required to be added to the New Jersey School Report Card.

After the investigation report is completed under the ABR, the chief school administrator is required to report the results of the investigation, along with information on any services provided, training established, discipline imposed or other action taken or recommended. The board of education must issue a decision, in writing, to affirm, reject or modify the report on the results of the investigation. Within five (5) school days after the results have been reported to the board of education, parents of the alleged offenders and alleged victims are entitled to receive information about the investigation, including the nature of the investigation, whether the district found evidence of HIB, or whether discipline was imposed or services provided to address the incident of HIB.

Anti-Bullying Specialist

The ABS functions as the chair of the school safety team and is involved in the HIB investigation process. This appointed person is usually a guidance counselor, or school psychologist, however the principal has the authority to appoint a person of his/her own choosing to perform this function, without limitation. Each school is required to have an ABS.