Bill Text: NJ A3933 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires school safety teams to include coaches; broadens definition of "harassment, intimidation or bullying" to include hazing; requires coaches and certain advisors to complete training on anti-bullying policy.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-03-04 - Introduced, Referred to Assembly Education Committee [A3933 Detail]
Download: New_Jersey-2024-A3933-Introduced.html
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
SYNOPSIS
Requires school safety teams to include coaches; broadens definition of "harassment, intimidation or bullying" to include hazing; requires coaches and certain advisors to complete training on anti-bullying policy.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school safety teams and harassment, intimidation, and bullying training, 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 2 of P.L.2002, c.83 (C.18A:37-14) is amended to read as follows:
2. As used in this act:
"Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager;
"Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, including hazing, 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. 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.
(cf: P.L.2010, c.122, s.11)
2. Section 5 of P.L.2002, c.83 (C.18A:37-17) is amended to read as follows:
5. a. Schools and school districts shall annually establish, implement, document, and assess bullying prevention programs or approaches, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement and community members. The programs or approaches shall be designed to create school-wide conditions to prevent and address harassment, intimidation, and bullying. A school district may implement bullying prevention programs and approaches that may be available at no cost from the Department of Education, the New Jersey State Bar Foundation, or any other entity. A school district may, at its own discretion, implement bullying prevention programs and approaches which impose a cost on the district.
A school district may apply to the Department of Education for a grant to be used for programs, approaches, or personnel established pursuant to this act, to the extent funds are appropriated for these purposes or funds are made available through the "Bullying Prevention Fund" established pursuant to section 25 of P.L.2010, c.122 (C.18A:37-28). A school district may make an application for a grant only after exploring bullying prevention programs and approaches that are available at no cost, and making an affirmative demonstration of that exploration in its grant application.
b. A school district shall: (1) provide training on the school district's harassment, intimidation, or bullying policies to school employees, including aides and other support staff, coaches of athletic programs offered by the school district, advisors of extracurricular activities and programs offered by the school district, and volunteers who have significant contact with students; (2) ensure that the training includes instruction on preventing bullying on the basis of the protected categories enumerated in section 2 of P.L.2002, c.83 (C.18A:37-14) and other distinguishing characteristics that may incite incidents of discrimination, harassment, intimidation, or bullying; and (3) develop a process for discussing the district's harassment, intimidation or bullying policy with students.
A school district may satisfy the training required pursuant to this subsection by utilizing training that may be provided at no cost by the Department of Education, the New Jersey State Bar Foundation, or any other entity. A school district may, at its own discretion, implement a training program which imposes a cost on the district.
c. Information regarding the school district policy against harassment, intimidation or bullying shall be incorporated into a school's employee training program and shall be provided to full-time and part-time [staff] employees, coaches of athletic programs offered by the school district, advisors of extracurricular activities and programs offered by the school district, volunteers who have significant contact with students, and those persons contracted by the district to provide services to students.
(cf: P.L.2012, c.1, s.2)
3. Section 18 of P.L.2010, c.122 (C.18A:37-21) is amended to read as follows:
18. a. A school district shall form a school safety team in each school in the district 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 harassment, intimidation, or bullying. A school safety team shall meet at least two times per school year.
b. A school safety team shall consist of the principal or his designee who, if possible, shall be a senior administrator in the school and the following appointees of the principal: a teacher in the school; a school anti-bullying specialist; a parent of a student in the school; at least one coach of an athletic program offered at the school, as applicable; and other members to be determined by the principal. The school anti-bullying specialist shall serve as the chair of the school safety team.
c. The school safety team shall:
(1) receive any complaints of harassment, intimidation, or bullying of students that have been reported to the principal;
(2) receive copies of any report prepared after an investigation of an incident of harassment, intimidation, or bullying;
(3) identify and address patterns of harassment, intimidation, or bullying of students in the school;
(4) review and strengthen school climate and the policies of the school in order to prevent and address harassment, intimidation, or bullying of students;
(5) educate the community, including students, teachers, administrative staff, and parents, to prevent and address harassment, intimidation, or bullying of students;
(6) participate in the training required pursuant to the provisions of P.L.2002, c.83 (C.18A:37-13 et seq.) and other training which the principal or the district anti-bullying coordinator may request;
(7) collaborate with the district anti-bullying coordinator in the collection of district-wide data and in the development of district policies to prevent and address harassment, intimidation, or bullying of students; and
(8) execute such other duties related to harassment, intimidation, and bullying as requested by the principal or district anti-bullying coordinator.
d. The members of a school safety team shall be provided professional development opportunities that address effective practices of successful school climate programs or approaches.
e. Notwithstanding any provision of this section to the contrary, a parent who is a member of the school safety team shall not participate in the activities of the team set forth in paragraph (1), (2), or (3) of subsection c. of this section or any other activities of the team which may compromise the confidentiality of a student.
(cf: P.L.2010, c.122, s.18)
4. This act shall take effect on the first day of the fourth month beginning after the date of enactment.
STATEMENT
This bill revises the definition of "harassment, intimidation or bullying" under the "Anti-Bullying Bill of Rights Act." Under that law, the term "harassment, intimidation or bullying" is defined as any gesture, action, or electronic communication 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. This bill revises the definition to clarify that hazing constitutes harassment, intimidation or bullying under the law.
This bill also requires aides and other support staff, coaches of athletic programs offered by the school district, and advisors of extracurricular activities and programs offered by the school district to receive training on the school district's harassment, intimidation, or bullying policy. Additionally, this bill requires the school safety team at each school include at least one coach of an athletic program offered at the school, if applicable.
This bill's provisions implement certain recommendations of the report from the New Jersey Anti-Bullying Task Force, dated December 28, 2023.
