Bill Text: NJ A3935 | 2024-2025 | Regular Session | Introduced
Bill Title: Directs Commissioner of Education to review handling of bullying reports; requires DOE to include additional content in guidance document on bullying; requires communications on bullying be available to parents in additional languages.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-03-04 - Introduced, Referred to Assembly Education Committee [A3935 Detail]
Download: New_Jersey-2024-A3935-Introduced.html
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
SYNOPSIS
Directs Commissioner of Education to review handling of bullying reports; requires DOE to include additional content in guidance document on bullying; requires communications on bullying be available to parents in additional languages.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the review of harassment, intimidation, and bullying incidents in the public schools and amending P.L.2002, c.83, P.L.2007, c.303, and P.L.2010, c.122.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2002, c.83 (C.18A:37-15) is amended to read as follows:
3. a. Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus. 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.
b. A school district shall have local control over the content of the policy, except that the policy shall contain, at a minimum, the following components:
(1) a statement prohibiting harassment, intimidation or bullying of a student;
(2) a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2 of P.L.2002, c.83 (C.18A:37-14);
(3) a description of the type of behavior expected from each student;
(4) consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying. The consequences for a student who commits an act of harassment, intimidation, or bullying may include: for the first act of harassment, intimidation, or bullying committed by a student, a copy of the results of the investigation shall be placed in the student's record and the student may be subject to remedial actions, including the provision of counseling or behavioral intervention services, or discipline, or both, as determined by the principal in consultation with appropriate school staff; for the second act, a copy of the results of the investigation shall be placed in the student's record and the student may be subject to remedial actions, including the provision of counseling or behavioral intervention services, or discipline, or both, as determined by the principal, in consultation with appropriate school staff; and for the third and each subsequent act, a copy of the results of the investigation shall be placed in the student's record, and the principal, in consultation with appropriate school staff, shall develop an individual student intervention plan which shall be approved by the superintendent of schools or the superintendent's designee, and may include remedial actions including counseling or behavioral intervention services, or progressive discipline, or both, and may require the student, accompanied by a parent or guardian, to complete in a satisfactory manner a class or training program to reduce harassment, intimidation or bullying behavior.
The superintendent of schools or the superintendent's designee and the principal shall consult law enforcement, as appropriate, pursuant to the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials, if the student's behavior may constitute a possible violation of the New Jersey Code of Criminal Justice;
(5) a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment, intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the same day when the school employee or contracted service provider witnessed or received reliable information regarding any such incident. The principal shall inform the parents or guardians of all students involved in the alleged incident, and may discuss, as appropriate, the availability of counseling and other intervention services. In the event that the parents or guardians are unable to communicate in English, the school district shall make arrangements, to the greatest extent practicable, to communicate on this matter with the parents or guardians in a language that the parent or guardian understands. The principal shall keep a written record of the date, time, and manner of notification to the parents or guardians. All acts of harassment, intimidation, or bullying shall be reported in writing to the school principal within two school days of when the school employee or contracted service provider witnessed or received reliable information that a student had been subject to harassment, intimidation, or bullying. The written report shall be on a numbered form developed by the Department of Education. A copy of the form shall be submitted promptly by the principal to the superintendent of schools. The form shall be completed even if a preliminary determination is made under the school district's policy that the reported incident or complaint is a report outside the scope of the definition of harassment, intimidation, or bullying pursuant to section 2 of P.L.2002, c.83 (C.18A:37-14), and shall be kept on file at the school but shall not be included in any student record, unless the incident results in disciplinary action or is otherwise required to be contained in a student's record under State or federal law. A redacted copy of the form that removes all student identification information shall be confidentially shared with the board of education after the conclusion of the investigation, if a hearing is requested by a parent or guardian pursuant to subparagraph (d) of paragraph (6) of this subsection.
The school district shall provide a means for a parent or guardian to complete an online numbered form developed by the Department of Education to confidentially report an incident of harassment, intimidation, or bullying. The school district shall, to the greatest extent practicable, communicate this information and provide the online numbered form in a language that the parent or guardian understands.
The principal shall report to the superintendent if a preliminary determination is made under the school district's policy that the reported incident or complaint is a report outside the scope of the definition of harassment, intimidation, or bullying, and the superintendent may require the principal to conduct an investigation of the incident, if the superintendent determines that an investigation is necessary because the incident is within the scope of the definition of harassment, intimidation, or bullying. The superintendent shall notify the principal of this determination in writing;
(6) a procedure for prompt investigation of reports of violations and complaints, which procedure shall at a minimum provide that:
(a) the investigation shall be initiated by the principal or the principal's designee within one school day of the report of the incident and shall be conducted by a school anti-bullying specialist. The principal may appoint additional personnel who are not school anti-bullying specialists to assist in the investigation. The investigation shall be completed as soon as possible, but not later than 10 school days from the date of the written report of the incident of harassment, intimidation, or bullying or from the date of the written notification from the superintendent to the principal to initiate an investigation pursuant to paragraph (5) of this subsection. In the event that there is information relative to the investigation that is anticipated but not yet received by the end of the 10-day period, the school anti-bullying specialist may amend the original report of the results of the investigation to reflect the information;
(b) the results of the investigation shall be reported to the superintendent of schools within two school days of the completion of the investigation, and in accordance with regulations promulgated by the State Board of Education pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the superintendent may decide to provide intervention services, establish training programs to reduce harassment, intimidation, or bullying and enhance school climate, impose discipline, order counseling as a result of the findings of the investigation, or take or recommend other appropriate action including seeking further information;
(c) the results of each investigation shall be reported to the board of education no later than the date of the board of education meeting next following the completion of the investigation, along with information on any services provided, training established, discipline imposed, or other action taken or recommended by the superintendent;
(d) parents or guardians of the students who are parties to the investigation shall be entitled to receive information about the investigation, in accordance with federal and State law and regulation, including the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within 5 school days after the results of the investigation are reported to the board. The information shall be provided, to the greatest extent practicable, in a language that the parent or guardian understands. A parent or guardian may request a hearing before the board after receiving the information, and the hearing shall be held within 10 days of the request. The board shall meet in executive session for the hearing to protect the confidentiality of the students. At the hearing the board may hear from the school anti-bullying specialist about the incident, recommendations for discipline or services, and any programs instituted to reduce such incidents;
(e) at the next board of education meeting following its receipt of the report pursuant to subparagraph (c) of paragraph (6) of this subsection, the board shall issue a decision, in writing, to affirm, reject, or modify the superintendent's decision. The board's decision may be appealed to the Commissioner of Education, in accordance with the procedures set forth in law and regulation, no later than 90 days after the issuance of the board's decision; and
(f) a parent, student, guardian, or organization may file a complaint with the Division on Civil Rights within 180 days of the occurrence of any incident of harassment, intimidation, or bullying based on membership in a protected group as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.);
(7) the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified, which shall be defined by the principal in conjunction with the school anti-bullying specialist, but shall include an appropriate combination of services that are available within the district such as counseling, support services, intervention services, and other programs, as defined by the commissioner. In the event that the necessary programs and services are not available within the district, the district may apply to the Department of Education for a grant from the "Bullying Prevention Fund" established pursuant to section 25 of P.L.2010, c.122 (C.18A:37-28) to support the provision of out-of-district programs and services;
(8) a statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation;
(9) consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation or bullying;
(10) a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions;
(11) a requirement that 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 and that the policy be made available on the website in the various languages most frequently spoken in the homes of its students;
(12) a requirement that the name, school phone number, school address and school email address of the district anti-bullying coordinator be listed on the home page of the school district's website and that on the home page of each school's website the name, school phone number, school address and school email address of the school anti-bullying specialist and the district anti-bullying coordinator be listed. The district shall provide this information in the various languages most frequently spoken in the homes of its students. The information concerning the district anti-bullying coordinator and the school anti-bullying specialists shall also be maintained on the department's website; and
(13) a requirement that the school district and each school in the district with a website post on its homepage the current version of the document, Guidance for Parents on the Anti-Bullying Bill of Rights Act, developed by the Department of Education. The School Climate State Coordinator shall ensure that this document is updated as needed and then promptly disseminated to all school districts.
c. A school district shall adopt a policy and transmit a copy of its policy to the appropriate executive county superintendent of schools by September 1, 2003. A school district shall annually conduct a re-evaluation, reassessment, and review of its policy, making any necessary revisions and additions. The board shall include input from the school anti-bullying specialists in conducting its re-evaluation, reassessment, and review. The district shall transmit a copy of the revised policy to the appropriate executive county superintendent of schools within 30 school days of the revision. The first revised policy following the effective date of P.L.2010, c.122 (C.18A:37-13.1 et al.) shall be transmitted to the executive county superintendent of schools by September 1, 2011.
d. (1) To assist school districts in developing policies for the prevention of harassment, intimidation, or bullying, the Commissioner of Education shall develop a model policy applicable to grades kindergarten through 12. This model policy shall be issued no later than December 1, 2002.
(2) The commissioner shall adopt amendments to the model policy which reflect the provisions of P.L.2010, c.122 (C.18A:37-13.1 et al.) no later than 90 days after the effective date of that act and shall subsequently update the model policy as the commissioner deems necessary.
e. Notice of the school district's policy shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for schools within the school district, and in any student handbook.
f. Nothing in this section shall prohibit a school district from adopting a policy that includes components that are more stringent than the components set forth in this section.
(cf: P.L.2021, c.338, s.3)
2. Section 8 of P.L.2007, c.303 (C.18A:37-15.2) is amended to read as follows:
8. Within 60 days of the effective date of this section each school district shall amend its bullying policy in accordance with section 3 of P.L.2002, c.83 (C.18A:37-15) as amended by section 7 of P.L.2007, c.303, make the policy available on the district's website, and notify students and parents that the policy is available on the district's website. The school district shall communicate this information, to the greatest extent practicable, in a language that the parent or guardian understands.
(cf: P.L.2007, c.303, s.8)
3. Section 21 of P.L.2010, c.122 (C.18A:37-24) is amended to read as follows:
21. a. The Department of Education, in consultation with the Division on Civil Rights in the Department of Law and Public Safety shall develop a guidance document for use by parents or guardians, students, and school districts to assist in resolving complaints concerning student harassment, intimidation, or bullying behaviors and the implementation of P.L.2002, c.83 (C.18A:37-13 et seq.) by school districts. The document shall include:
(1) a school district's obligations under P.L.2002, c.83 (C.18A:37-13 et seq.);
(2) best practices for the prevention, intervention, and remediation of harassment, intimidation, or bullying in schools, including methods to identify and assist student populations at high risk for harassment, intimidation, or bullying;
(3) a clear explanation of the procedures for petitioning the Commissioner of Education to hear and decide disputes concerning P.L.2002, c.83 (C.18A:37-13 et seq.);
(4) a clear explanation of the Division on Civil Rights' jurisdiction and services in regard to specific types of harassment, intimidation, or bullying; and
(5) a clear explanation of the process for appealing final agency determinations to the Appellate Division of the Superior Court.
b. The guidance document shall be available on the Department of Education's and the Division on Civil Rights' Internet sites and on every school district's Internet site at an easily accessible location. The document shall be made available, to the greatest extent practicable, in the various languages most frequently spoken in the homes of students.
c. The guidance document shall address the unique challenges of responding to complaints concerning student harassment, intimidation, or bullying behaviors that involve: (1) sexual orientation, gender identity, gender expression, or other potentially sensitive identities of students; or (2) younger elementary students, preschool students, and other students who lack the developmental capacity to understand the impact of bullying behaviors.
(cf: P.L.2010, c.122, s.21)
4. (New section) a. The Commissioner of Education, in consultation with the School Climate State Coordinator established pursuant to section 5 of P.L.2021, c.338 (C.18A:37-37.1), shall assess the needs of school boards in reviewing the decisions of superintendents on harassment, intimidation, and bullying incidents pursuant to paragraph (6) of subsection b. of section 3 of P.L. 2002, c.83 (C.18A:37-15). The assessment shall consider:
(1) the familiarity of board members with school climate;
(2) the knowledge of board members of the laws and regulations pertaining to harassment, intimidation, and bullying in the schools;
(3) the availability, use, and effectiveness of training for board members on harassment, intimidation, and bullying in the schools; and
(4) the volume of harassment, intimidation, and bullying incidents reported to school boards and whether board members have adequate availability to fully review superintendent reports on harassment, intimidation, and bullying in the schools.
b. Upon completion of the assessment, the commissioner shall make recommendations to the Governor and the Legislature towards improving the ability of school boards in reviewing the decisions of superintendents on harassment, intimidation, and bullying incidents.
5. This act shall take effect
on the first day of the fourth month beginning after the date of enactment.
STATEMENT
This bill directs the Commissioner of Education to review the handling of bullying reports by school boards; requires the Department of Education to include additional content in its guidance document on bullying; and requires department and district communications on bullying be made available to parents in additional languages.
The bill requires that, to the greatest extent practicable, school district communications be provided to parents or guardians in a language that the parent or guardian understands when:
· the school principal contacts a student's parent or guardian about the student's involvement in an alleged incident of harassment, intimidation, or bullying;
· notifying parents and guardians about the availability of the district bullying policy; and
· providing information about the process to confidentially report an incident of harassment, intimidation, or bullying
The bill requires that the guidance document developed by the Department of Education for use by parents or guardians, students, and school districts to assist in resolving complaints concerning harassment, intimidation, or bullying be made available, to the greatest extent practicable, in the various languages most frequently spoken in the homes of students. Additionally, the bill requires the guidance document to address the unique challenges of responding to complaints concerning student harassment, intimidation, or bullying behaviors that involve: (1) sexual orientation, gender identity, gender expression, or other potentially sensitive identities of students; or (2) younger elementary students, preschool students, and other students who lack the developmental capacity to understand the impact of bullying behaviors.
This bill also directs the Commissioner of Education, in consultation with the School Climate State Coordinator, to assess the needs of school boards in reviewing the decisions of superintendents on harassment, intimidation, and bullying incidents. The assessment is to consider:
· the familiarity of board members with school climate;
· the knowledge of board members of the relevant laws and regulations;
· the availability, use, and effectiveness of training for board members on harassment, intimidation, and bullying in the schools; and
· the volume of harassment, intimidation, and bullying incidents reported to school boards.
Upon completion of the assessment, the commissioner shall make recommendations to the Governor and the Legislature towards improving the ability of school boards in fulfilling this function.
This bill implements certain recommendations of the report from the New Jersey Anti-Bullying Task Force, dated December 28, 2023.
