1
Guidance for Parents
on the Anti-Bullying Bill of Rights Act
(P.L.2010, c.122)
Christopher Cerf
Commissioner of Education
David Hespe
Chief of Staff
Barbara Gantwerk
Assistant Commissioner
Division of Student and Field Services
Susan Martz
Director
Office of Student Support Services
Gary Vermeire
Coordinator, Safe and Supportive Schools Unit
Office of Student Support Services
New Jersey Department of Education
P.O. Box 500
Trenton, New Jersey 08625-0500
(609) 292-5935
September 2012
______________________________________________________________________________
Funds for the development of this publication were provided in full by a grant from the United
States Department of Education, Safe and Drug-Free Schools Program, under Title IV, Part A:
The Safe and Drug-Free Schools and Communities Act of the No Child Left Behind Act.
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NEW JERSEY STATE BOARD OF EDUCATION
ARCELIO APONTE
President
Middlesex County
ILAN PLAWKER
Vice President
Bergen County
MARK W. BIEDRON
Hunterdon County
RONALD K. BUTCHER
Gloucester County
CLAIRE CHAMBERLAIN
Somerset County
JOSEPH FISICARO
Burlington County
JACK FORNARO
Warren County
EDITHE FULTON
Ocean County
ROBERT P. HANEY
Monmouth County
ERNEST P. LEPORE
Hudson County
ANDREW J. MULVIHILL
Sussex County
J. PETER SIMON
Morris County
DOROTHY S. STRICKLAND
Essex County
Christopher Cerf, Commissioner
Secretary, State Board of Education
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ACKNOWLEDGMENT
Special appreciation is extended to Mr. Andrew Todd Figueroa Kunka, who researched and
drafted this guidance document. Mr. Kunka completed these tasks under an internship with the
Office of Student Support Services, New Jersey Department of Education as part of his
candidacy for a Masters in Public Affairs and Politics from The Edward Bloustein School of
Urban Planning and Public Policy, at Rutgers, the State University of New Jersey. Mr. Kunka’s
diligent efforts made this publication possible.
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TABLE OF CONTENTS
SECTION
PAGE
INTRODUCTION
6
GLOSSARY OF TERMS AND ABBREVIATIONS
7-8
PART 1: OVERVIEW OF THE ANTI BULLYING BILL OF RIGHTS
ACT (ABR) – DISTRICT AND SCHOOL OBLIGATIONS AND
PARENTS RIGHTS
9-22
Which Schools and Which Types of Student Conduct are Covered Under
the ABR?
9
How is Bullying Defined in the ABR?
9
How Do Schools Decide Whether Conduct is Considered HIB?
9
Understanding Different Types of Bullying Behavior
10
Cyberbullying: The New Form of Bullying
10
Places Where Bullying Frequently Occurs
11
Conflicts vs. Bullying
11
Bullying that Leads to a Conflict
11-12
Hazing and Bullying
12-13
Hazing and the Law
13
Examples of Hazing
13
DISTRICT AND SCHOOL OBLIGATIONS
14-17
THE 10 STEPS OF THE HIB COMPLAINT AND INVESTIGATION
PROCESS
17-19
OTHER REPORTING OPTIONS
19-20
Filing a Complaint with the New Jersey Division of Civil Rights or the
Superior Court of New Jersey under the New Jersey Law Against
Discrimination
19
Contacting the County Office Of Education
20
Contacting Law Enforcement Officials (The Police)
20
OPTIONS FOR APPEALS
20-22
Why Might Parents Decide to Appeal Decision or Action?
20
How Can Parents Appeal a Decision or Action?
20-21
What Options are Available to Appeal a Decision or Action?
21-22
Request a Hearing with the Board of Education
21-22
Appeal to the Commissioner of Education
22
Appeal to the Appellate Division of the Superior Court of New Jersey
22
PART II: BULLYING PREVENTION AND RESPONSES TO
BULLYING FOR PARENTS
22-32
How to Help Stop Bullying (Prevention)
22
Work Together with Your Child’s School to Stop Bullying
22-23
Take Action to Help Stop Bullying
23-25
Bullying Prevention Activities Parents and Children Can Do Together
25-26
What to Do if Your Child is Being Bullied
26
Children at Risk for Being Bullied
26-27
Signs that Your Child is Being Bullied
27
5
How to Help a Child Who is Being Bullied
27-28
What Not to Do if You Believe Your Child is Being Bullied
28
What to Do if Your Child is Bullying Others
28-29
Signs that Your Child Might be Bullying Others
29
Reasons Children Bully Others
29-30
How to Help a Child Who Bullies Others
30-31
What Not to Do if Your Child is Bullying Others
31
Steps to Prevent Cyberbullying
31-32
What to Do if Your Child Experiences Cyberbullying
32
PART III: BULLYING PREVENTION RESOURCES FOR PARENTS
32-36
New Jersey Bullying Prevention Resources
32-34
General Bullying Resources
34-36
Books and Articles
34-35
Online Resources
35
Cyberbullying Resources
35
Resources on Bullying and Protected Class Issues
35-36
Bullying and Lesbian, Gay, Bisexual, Transgender and Questioning
(LGBTQ) Resources
36
APPENDIX A: Parent Rights and School Responsibilities to Parents
under the ABR
37-40
APPENDIX B: Petitioning the Commissioner of Education To Hear
and Decide Disputes Concerning N.J.S.A. 18A:37-13 et seq.
41-44
APPENDIX C: Appealing Final Commissioner of Education Decisions
To the Appellate Division of the Superior Court
45-47
APPENDIX D: The Division on Civil Rights – Jurisdiction and Services
Regarding Harassment, Intimidation and Bullying
48-53
REFERENCES
54
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INTRODUCTION
Over the last several years, student bullying has received increased attention as a serious problem
in schools. School bullying has been reported to be involved in student suicides across the
nation, including in New Jersey. The importance of protecting students from bullying has been
emphasized through the Anti-Bullying Bill of Rights Act (ABR) that became a law in New Jersey
in January 2011.
This law mainly added requirements to the original bullying law that began in 2003. The new
law made New Jersey’s response to student bullying stronger. A copy of the ABR is available
online on the New Jersey Legislature’s website at
http://www.njleg.state.nj.us/2010/Bills/PL10/122_.PDF
The New Jersey Department of Education (NJDOE) has developed this guide to help parents
understand their rights and know the duties of the school districts and schools. The NJDOE has
tried to design this guide to be straightforward and easy for parents to read.
The guide begins with an explanation of words (Glossary of Terms) and shortened forms of
words (Abbreviations) that are used in the guide. The guide is then divided into two main parts.
Each part has several sections.
• The first part provides an overview of the requirements in the ABR, which includes sections
on the following information:
The schools and conduct that are covered under the law;
The steps schools must follow once they have been provided a report of a suspected act
of bullying; and
Appeals and other options for parents if they continue to be concerned with a bullying
incident at their children’s school.
• The second part of the guide provides parents with information to use to respond to bullying
at home, in the community and in their children’s schools. It includes ideas for:
Getting involved with school anti-bullying programs;
Teaching their children empathy and respect for others; and
Taking action if one of your children bullies others or is a victim of bullying.
The guide also includes a list of online, local and national bullying prevention resources and
several appendices with more information on important topics covered throughout the guide.
Information taken from expert resources is either identified in the text or in a footnote by the
related information. The specific source for all footnotes is provided in the Reference section on
page 54. Citations for specific requirements in the ABR are included throughout the guide, when
the information comes directly from the law.
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GLOSSARY OF TERMS AND ABBREVIATIONS
Anti-Bullying Bill of Rights Act (ABR) – New Jersey’s anti-bullying law that includes the
requirements school districts and schools must follow in preventing and responding to
harassment, intimidation and bullying. The ABR is the basis for this guide. It is available on the
New Jersey Legislature’s website at http://www.njleg.state.nj.us/2010/Bills/PL10/122_.PDF.
Board of Education (Board or BOE) – A group of elected individuals within each school
district that serves as the district’s governing and policy making authority. Each board of
education is required to issue a final determination on the findings of each investigation of
reported harassment, intimidation or bullying, among other duties in the ABR.
Bully – A student or an adult who harasses, intimidates or bullies another person(s), where the
behavior is one-sided. Harassment, intimidation or bullying also will be written as “HIB” to
mean bullying in this guide.
Bullying – Refers to harassment, intimidation and bullying (HIB) as it is defined in the ABR.
Bullying usually involves conduct where one or more students are victims of another person’s
aggression that has not been caused by the victims and emotionally or physically harms the
victims and disrupts the educational process.
Bystander – Students and other people who witness bullying, and who do or say nothing to stop
it or help the victims.
Chief School Administrator (CSA) – The highest level executive within a school district or
charter school who is commonly referred to as the superintendent of a school district or a lead
person of a charter school. The CSA has oversight of all staff, schools, students and educational
programs and services within his or her school district or charter school. Under the ABR, the
CSA is responsible for reviewing investigations of reported incidents of bullying, reporting the
findings of investigations to the board of education and in taking other actions to correct
bullying, as needed.
Commissioner of Education (Commissioner) – New Jersey’s chief executive education officer
who oversees the New Jersey Department of Education and all public schools within the state.
As the state’s chief education officer, the Commissioner is responsible for overseeing
implementation of the ABR. One of these responsibilities is to provide a grade every year to
each school and school district on their efforts to meet the requirements of the ABR.
Conflict – A disagreement, argument, fight or other action between people when they want
different things and everyone is equally involved. Conflict may look similar to bullying, but is
different.
Cyberbullying – A form of bullying that involves the use of electronic equipment, such as
computers and cell phones. An example could include sending hurtful or unwanted text
messages to another person’s cell phone.
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District Anti-Bullying Coordinator (ABC) – This is the school district staff member who is
responsible for coordinating and strengthening the school district’s anti-bullying policies. The
ABC must work closely with each school anti-bullying specialist, the chief school administrator
and the board of education. The ABC is responsible for reporting information on the amount and
type of bullying incidents that occur within the district to the board of education and to the
NJDOE, among other duties.
Hazing – Activities that “newcomers” must do before they can belong to a group. Hazing is
used to maintain a hierarchy or pecking order within a group. Hazing usually is based on a
tradition, where a lower group member or person who wants to join the group agrees or goes
along with the hazing activities, which may be physically, psychologically or socially harmful.
Parent – As defined in N.J.A.C. 6A:16-1.3, the term “parent” means the natural parent(s),
adoptive parent(s), legal guardian(s), foster parent(s) or parent surrogate(s) of a student. If
parents are separated or divorced, "parent" means the person or agency with legal custody of the
student, and any natural or adoptive parent(s) of the student, as long as their parental rights have
not been ended by the court.
Principal – The highest level administrator within a school building who is responsible for all
educational programs and services in the school, including overseeing all staff and students in
the school. The principal is responsible for starting investigations of all reported incidents of
bullying, notifying the parents of children involved in the incidents and reporting the findings to
the chief school administrator, among other duties in the ABR.
School Anti-Bullying Specialist (ABS) – The main school staff member responsible for
preventing, identifying and addressing bullying incidents within his or her school. The ABS is
responsible for leading a school’s safety team and for investigating reported incidents of
bullying, among other duties in the ABR.
School Grounds – As defined in N.J.A.C. 6A:16-1.3, school grounds includes any land, portions
of land, structures, buildings and vehicles used by a school district to provide academic or
extracurricular programs that are sponsored by the school district. School grounds also include
playgrounds, recreational places and other places that are owned by other groups or people, when
the school district is the only one using this land. The complete definition is available at
http://www.state.nj.us/education/code/current/title6a/chap16.pdf.
School Safety Team (SST) – A group of people in each public school chosen by the school’s
principal, who are responsible for maintaining a positive and safe school environment. The
principal selects the members of the SST, which must include the principal or a staff person
chosen by the principal, a teacher, the school anti-bullying specialist, a parent and any other
members the principal believes are important to be on the SST.
“Upstander” – Students and other people who take an active role in stopping the bullying of
others. This is done either by not encouraging the bullies, by reaching out to the victim, by
telling someone who can stop the bully or by taking other actions that can help the victim or stop
the bullying.
Victim – A student who is harassed, intimidated or bullied by another student or an adult.
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PART 1: OVERVIEW OF THE ANTI BULLYING BILL OF RIGHTS ACT (ABR) –
DISTRICT AND SCHOOL OBLIGATIONS AND PARENTS RIGHTS
Which Schools and Which Types of Student Conduct are Covered Under the ABR?
Only certain types of schools and behavior are covered in the ABR. The ABR only applies to
public school districts and schools, including charter schools, in New Jersey. Nonpublic schools
are not required, but are encouraged to follow the ABR. If your child attends a nonpublic school,
you should call the school for information on its harassment, intimidation and bullying policies.
The ABR also only applies to conduct that is defined as “harassment, intimidation and bullying”
(HIB) in the ABR. (See N.J.S.A. 18A:37-14)
How is Bullying Defined in the ABR?
The ABR defines harassment, intimidation and bullying (HIB) as any 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 an 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; and that
• Takes place on school property, at any school-sponsored function, on a school bus, or
• off school grounds, 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; or
• Has the effect of insulting or demeaning any student or group of students; or
• 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.
(N.J.S.A. 18A:37-14)
The ABR does not explain the meaning of a “distinguishing characteristic.” However, the
dictionary (Webster’s Ninth Collegiate Dictionary) defines the word “distinguish” as “… to
perceive a difference in … to mark as separate or different … to separate into kinds, classes or
categories … to set above or apart from others … to single out…” The same dictionary defines
the word “characteristic” as “…something that identifies a person or thing or class…”
How Do Schools Decide Whether Conduct is Considered HIB?
The school must first conduct an investigation when bullying is reported. A school must
consider many different factors to decide whether a behavior is HIB as defined in the ABR.
In making this decision, schools must take into account the facts of each case. In fact, the ABR
requires schools to take certain steps. The steps required in the ABR for responding to and
investigating HIB is explained in the section of this guide titled The 10 Steps of the HIB
Complaint and Investigation Process located on pages 17-19.
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If a student’s behavior is not found to be HIB, based on the facts, schools might be required to
take other actions required in the school district’s code of student conduct. To access your board
of education’s code of student conduct, please contact the main office of the school or school
district. The school district’s code of student conduct must be consistent with the regulations at
N.J.A.C. 6A:16-7 (http://www.state.nj.us/education/code/current/title6a/chap16.pdf).
Understanding Different Types of Bullying Behavior
Bullying can occur in many different ways. Bullying can be direct (“face to face”) or indirect
(“behind someone’s back). The type of bullying can affect the way parents describe or approach
their child or a school about a bullying incident. Generally, there are four types of bullying
behaviors:
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• Verbal – Includes name calling, taunting, constant teasing or making threats;
• Physical – Includes hitting, punching, shoving, spitting, or taking or damaging personal
belongings;
• Psychological – Includes spreading rumors, purposefully keeping people from activities and
breaking up friendships or other relationships; and
• Electronic – Includes using the internet, mobile phone or other electronic equipment to
intentionally harm others.
Cyberbullying: The New Form of Bullying
Cyberbullying is a new form of bullying that is being used with the advancement of technology.
It takes place using electronic devices or equipment such as cell phones, computers and tablets;
and communication tools, such as social media sites, text messages, chat rooms and websites, to
intentionally harm someone. Under the ABR, cyberbulling falls under the category of an
“electronic communication,” which is defined as “a communication transmitted by means of an
electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager”
(See N.J.S.A.18A:37-14).
Cyberbullying can be especially damaging to the victim. Young people who are cyberbullied
often also are bullied in person. Cyberbullying can happen anytime of the day or night and can
reach victims even when they are alone.
The cyberbully can be difficult to find. The cyberbully has the ability to send hurtful messages
and images quickly to a wide audience, and can do this without anyone knowing he or she did it.
The messages and images are hard to stop or delete once they have been posted or sent.
i
Some
examples of cyberbullying include:
• Using online social networking sites, such as Facebook, MySpace and Twitter, to make
hurtful postings about someone. This can include calling a person a name, writing a rumor or
posting personal information;
• Using instant messenger services to repeatedly harass someone or contact someone who is
not interested in communicating with the person;
• Sending hurtful or unwanted text messages to someone’s cell phone;
• Showing recorded or live video of someone’s private life on the internet.
• Intentionally excluding someone from an online group.
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Places Where Bullying Frequently Occurs
Schools must find out where the bullying took place before deciding if it is HIB. Bullying is
most likely to occur outside of the classroom, in places where there is the least amount of adult
supervision. Some examples of areas, during school, where bullying may occur include:
• School playgrounds;
• Hallways;
• Lunch rooms;
• Locker rooms; and
• Buses.
Unlike other forms of bullying, cyberbullying is more likely to occur inside the classroom or in
adult supervised areas because of the ability to easily move electronic devices from one location
to another and because of the growing presence of these devices in the classroom. The small size
of electronic devices, such as cell phones, makes these items easier for students to conceal and
use to bully.
Conflicts vs. Bullying
During a conflict, name-calling, threats and other conduct that might look like bullying can
occur. However, a conflict and bullying are very different.
Unlike bullying, during a conflict people are equally involved in some type of disagreement.
Conflict is considered mutual, meaning everyone is more or less evenly involved.
Bullying, on the other hand, involves one or several people (the bullies) intentionally committing
a mean or violent act against another person(s) or group of people (the victims). When bullying
occurs, there is no mutual participation in a disagreement; it is one-sided. Bullying victims have
a hard time defending themselves. The victims want the bullying to stop, but the bully continues
the behavior.
Conflicts and bullying can interrupt the school day, damage property and cause injuries to the
people involved. However, when the behavior involves a conflict, the school will take action
based on its code of student conduct instead of the ABR.
Bullying occurs when:
• One or more students are victims of unwanted or uninvited aggression, as the behavior
applies to the definition of harassment, intimidation and bullying in the ABR;
• The aggressor’s behavior would lead a person to reasonably believe that the aggressor is
motivated by a desire to physically or emotionally hurt someone;
• The aggression is one-sided; and
• The behavior is not an attempt to positively or negatively address or resolve a problem.
Bullying that Leads to a Conflict
An incident that is found to be bullying could lead to a conflict in the future. If a conflict is the
result of bullying, a school is required to follow the ABR when dealing with the bullying aspect
of the incident. To decide whether a behavior is bullying, the school officials must think about
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all of the facts during an investigation. Examples of bullying and conflict by grade level are
provided below:
GRADE LEVEL
CONFLICT
(Mutual disagreements,
arguments or fights)
BULLYING
(Intent to emotionally or
physically hurt a student;
it is one-sided.)
Elementary
School
“You copied my
picture…you stole my
idea!”
“No, I didn’t…you copied
from my picture!”
A fellow student grabs the
picture you colored and
tears it up, calling you
names related to your
religion and cultural
heritage.
Middle/Junior
High School
“After you borrowed my
basketball, I asked that you
return it and you didn’t!” “I
did return it…I left it on
your porch.”
While practicing basketball
skills in the gym, several
students sit nearby and call
out insulting comments
about the color of your skin
and your basketball skills.
High School
“You went after my
boyfriend at the party and
tried to hook-up with him.”
“I was told you broke up
and he was available…and
he didn’t seem too unhappy
with me!”
A student posts explicit
photos and insulting words
about your sexual
orientation on Facebook,
attacking you for “stealing”
her boyfriend.
Hazing and Bullying
It can be easy to think that hazing and bullying are the same things. Hazing can involve bullying
or can be considered bullying in some situations. The key difference is that hazing is behavior
that is based on a tradition and is used by members of a group to maintain a hierarchy or
“pecking order” within the group. The lower group member or persons who want to join the
group either agree or go along with the hazing activities, which may be physically,
psychologically or socially harmful. Unlike bullying, the victims or newcomers let themselves
to be treated in a way that gets them accepted as a member of the group. Once accepted by the
group, the victims become bystanders and watch others get hazed. Eventually, the bystanders
achieve senior status and power and haze others.
ii
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Two things that make hazing and bullying different are:
• The victims agree or go along with being hazed as a way to prove that they should be
accepted as a member of the group; and
• The victims eventually haze others after they have been accepted into the group and have
achieved senior status or power.
Hazing and the Law
Hazing is considered a disorderly persons offense in New Jersey, when a person in connection
with an initiation of another, knowingly or recklessly engages in conduct, other than competitive
athletic events, which places another in danger of bodily injury (N.J.S.A. 2C:40-3). When serious
bodily injury results, the offense is aggravated hazing, which is a crime of the fourth degree. The
consent of the person hazed is not a defense (N.J.S.A. 2C:40-4). Any other criminal conduct
under the New Jersey Code of Criminal Justice also may be charged (N.J.S.A. 2C:40-5).
Examples of Hazing
Some examples of hazing under New Jersey’s hazing law are provided below:
• A new member of a high school football team is told by the team’s captain that all new
players must not drink water after each of the first week of practices to prove their
commitment to the team. The team member does not drink water after the practices and is
taken to the hospital after the third practice due to symptoms of dehydration.
• A high school sophomore who is a new member of the cheerleading squad is told by a junior
cheerleader that it is customary for new cheerleaders to demonstrate a difficult cheerleading
move without floor padding. As a result, the sophomore cheerleader attempts the move and
falls on her tailbone on the gymnasium’s wood floor, which resulted in her being taken to the
hospital for evaluation.
• A student who is interested in joining the car club at school is told by the club’s president
that before a person can join he must race through a red light traveling at a speed that is at
least 35 miles an hour above the speed limit. The student races through a red light traveling at
a speed of 70 miles per hour in a posted 25 miles per hour zone. As a result, the student gets
into an accident, causing him bodily harm.
Examples of Hazing that Include another Offense
The legal definition of hazing above makes it clear that other offenses and criminal charges can
result from hazing; these offenses could include assaults, criminal threats and extortion. For
example, if as a part of hazing a student intentionally shoves another student into a locker,
breaking the student’s wrist, the hazing would also involve an assault. From a school
perspective, hazing could also involve HIB if the behaviors meet the criteria in the HIB
definition (see section of this guide titled How is Bullying Defined in the ABR? on page 9). For
example, HIB would also occur when, as a part of hazing, a student makes negative comments
about another student’s religion when the student enters a classroom, causing substantial
disruption to the orderly operation of the school and emotionally harming the student.
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DISTRICT AND SCHOOL OBLIGATIONS
The ABR requires staff in school districts and school buildings to meet several requirements.
The requirements provide the structure for schools to prevent bullying and investigate reports of
bullying. The specific requirements for investigating reports of bullying are described in the
section of this guide titled The 10 Steps of the HIB Complaint and Investigation Process (pages
17-19). Understanding these requirements might address questions, issues or concerns a parent
might have about the way a school or a school district is handling a reported incident of bullying.
The information below is a summary of a school district’s and a school’s main duties. The
information does not include every requirement in the ABR. For details, please refer to the
ABR, which is available on the New Jersey Legislature’s website at
http://www.njleg.state.nj.us/2010/Bills/PL10/122_.PDF.
• Appoint a School Anti-Bullying Specialist (N.J.S.A. 18A:37-20a) – Every school principal
and charter school lead person is required to appoint a school anti-bullying specialist (ABS)
for the school. The ABS is the main person responsible for preventing, identifying and
addressing bullying incidents in a school. The ABS must be either a:
School counselor;
School psychologist; or
Other similarly trained staff member from among the currently employed, certified staff
in the school.
The ABR does not rule out the principal serving as the ABS. Also, there is nothing in the
ABR to keep a principal from appointing more than one ABS from those currently employed
in the school.
The ABS has the following responsibilities:
Leading the School Safety Team, (see details below); and
Investigating reported bullying, in cooperation with the principal.
Locating the ABS in Your Child’s School – Schools must put the name and contact
information of the school’s ABS on its website. Parents may ask any staff member at the
school for the information. Contact information for the ABS also can be found on the New
Jersey Department of Education’s website at http://www.state.nj.us/education/ under the
School Directory button.
• Appoint a District Anti-Bullying Coordinator (N.J.S.A. 18A:37-20b) – The CSA must
appoint an anti-bullying coordinator (ABC) who serves the entire school district and has the
following responsibilities:
Work closely with the ABS in each school, the CSA and the board of education to
prevent, identify and address the bullying of students;
Coordinate and strengthen the district’s anti-bullying policy; and
Provide information, such as the number of bullying incidents that occur in each school
and the groups of students that face the most bullying, to the board of education and to
the New Jersey Department of Education.
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Locating the ABC in Your Child’s School District – The name and contact information of the
school’s ABC must be posted on both the school district’s website and on each school’s
website. Parents may ask any staff member in the school district for the information.
Contact information for the ABC also can be found on the New Jersey Department of
Education’s website at http://www.state.nj.us/education/ under the School Directory button.
• Create a School Safety Team (N.J.S.A. 18A:37-21) – Each school is required to have a
school safety team (SST). The team should be called either the “school safety team” or the
“school anti-bullying team” to make it is easy for parents, students and staff to identify the
group. The SST must include the following members:
The ABS (the leader of the team);
The principal or someone he or she chooses to represent the principal;
A teacher in the school;
A parent* of a student in the school; and
Other members determined by the principal.
*The parent member(s) of the SST is not permitted to participate in certain
activities due to student confidentiality: A parent who is a member of the SST is not
permitted to participate in any activity which may reveal the identity of a student, other
than their child, including the review of records and reports or discussions. This is not
allowed by law. [Family Educational Rights and Privacy Act (20 U.S.C. § 1232g and 34
CFR Part 99), N.J.A.C. 6A:32-7, Student Records and N.J.A.C. 6A:14-2.9) and other
privacy requirements.]
The responsibilities of the SST include:
Reviewing records of all complaints of bullying incidents that have been reported to the
principal;
Reviewing copies of all reports prepared from the investigations of bullying incidents;
Identifying and addressing patterns of bullying in the school;
Reviewing and strengthening policies of the school in order to prevent bullying;
Educating the community, including students, teachers, administrative staff and parents
on preventing and addressing bullying; and
Participating in the staff training required under the ABR and other training the principal
or the ABS may request.
• Develop an Anti-Bullying Policy that Includes the ABR Requirements and is Approved
by the Board of Education (N.J.S.A. 18A:37-15) – Each district is required to develop its
own anti-bullying policy. The policy provides the requirements that school employees must
follow when responding to bullying. The policy must include all of the components that are
required in the ABR. The district may not take away requirements in the ABR or create a
policy that is any less strict than the ABR. The district may add requirements that do not
disagree with the ABR.
Important Note on Anonymous Reporting – All districts are required to include a provision in
their anti-bullying policy allowing a person to anonymously report an act of HIB. This
16
provision is important because many victims and witnesses of HIB do not report out of fear
they will be identified and retaliated against by the bully or others.
• Include Parents and Other Groups when Creating Their Anti-Bullying Policy (N.J.S.A.
18A:37-15a) – The ABR requires school districts to include the following groups when
creating its policy:
Parents and other community representatives;
Students;
School staff and administrators; and
Volunteers.
Parent participation provides the opportunity for the policy to address the unique
experiences, opinions and values of the district’s parents, student population, school staff and
surrounding community.
• Distribute the Policy (N.J.S.A. 18A:37-15b(11)) – The school district must distribute the
anti-bullying policy each year to parents. In addition to the policy distribution, a link to the
policy must be prominently posted on the school district’s website.
• Implement Anti-Bullying Prevention Programs (N.J.S.A. 18A:37-17a) – Each year a
school district must implement and review their anti-bullying programs and approaches.
Parents must be represented in the annual process of reviewing these programs and
approaches. In addition to the district’s HIB programs, the following activities must take
place:
Week of Respect – Beginning with the first Monday in October of each year, all school
districts must observe a “Week of Respect,” which must focus on the importance of
character education. During the week, schools must provide lessons on preventing
bullying among the groups identified in the HIB definition and on bullying due to other
characteristics; and
Bullying Instruction – Districts also must provide instruction on preventing HIB
throughout the school year.
• Provide Training (N.J.S.A. 18A:37-17b) – All school staff members, volunteers,
contractors, leaders and board of education members must participate in trainings on
preventing and responding to bullying. The length, amount, time and topics of these trainings
may vary for each of the positions. For a more detailed explanation on the training
requirements, please see page 12 of the Guidance for Schools on Implementing the ABR’s
section on Professional Development and Training, which is available on the New Jersey
Department of Education’s website at
http://www.state.nj.us/education/students/safety/behavior/hib/guidance.pdf.
• Publicly Report HIB Incidents (N.J.S.A. 18A:17-46) – The CSA must provide public
reports on the bullying incidents in the schools. The reports must be made twice each year to
the local board of education and to the New Jersey Department of Education. The time
periods for these reports are as follows:
Between September 1 – January 1; and
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Between January 1 – June 30.
• Post Anti-Bullying Grade on Websites (N.J.S.A. 18A:17-46) – Each district and school will
be assigned a grade by the New Jersey Department of Education on the schools’ and school
district’s efforts to meet the requirements in the ABR.
The school district’s grade must be posted on the homepage of the district’s website and
on the homepage of each school’s website.
The school’s grade must be posted on the homepage of the school’s website and each
school’s grade must be posted on the homepage of each district’s website.
NOTE: Tables of parent’s rights and their corresponding ABR section(s) are provided in
Appendix A.
The 10 Steps of the HIB Complaint and Investigation Process
A school is required to take specific steps when HIB is reported. For information on a school
district’s or a school’s procedure for reporting, please contact the school’s main office. Tables of
parent’s rights and the section of the ABR that applies to the rights are provided in Appendix A.
The steps a school district and school must take when addressing a suspected incident of HIB are
provided below. These steps can be found in N.J.S.A. 18A:37-15 of the ABR:
• Step 1: The Verbal Report – All reports of HIB acts must be reported to the principal the
same day the incident occurs when a school staff member, a contractor or a volunteer:
Personally witnesses an act of HIB; or
Receives reliable information indicating that a HIB act occurred.
Parents, students and others also may make verbal reports.
• Step 2: Parent Notification – As soon as possible following any verbal report of HIB to the
principal, the principal must inform the parents of all suspected student offenders and
suspected student victims. Depending on the school’s procedure and the facts of each
incident, the principal might inform the parent by phone, letter or some other form of
communication. If it is appropriate to the situation, the principal may discuss the availability
of counseling and other intervention services.
• Step 3: The Investigation – One school day after receiving the verbal report, the principal or
the principal’s designee must start an investigation of the act. The school anti-bullying
specialist conducts the investigation, in coordination with the principal.
Length of Investigation – The investigation should be completed as soon as possible, but
must be completed no later than 10 school days from the date of the written report (see Step
4: The Written Report below). During the investigation:
The principal might appoint other school staff to help with the investigation; and
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The principal might administer discipline or take other steps under the board of
education’s anti-bullying policy or code of student conduct if the facts show there is
enough information to do so.
• Step 4: The Written Report – Within two school days of the verbal report, the school
employee, contractor or volunteer must also report the act of HIB to the principal, in writing.
The written report requirement does not apply to parents.
• Step 5: The Investigation Report – Within two school days of the completion of the
investigation, the results of the investigation must be reported to the CSA.
Amending the Investigation Report (Depends on the Facts): If there is information related to
the investigation that is received after the 10 school day deadline, the ABS may amend the
original results of the report to include the information. There is no deadline for making an
amendment to the report. The district would make a decision on the way to respond to the
additional information, depending on the facts.
• Step 6: CSA Actions – Based on the investigation report, the CSA may choose to take any
one of the following additional actions:
Impose discipline;
Provide intervention services;
Create training programs to reduce HIB, improve school climate and make the school
safer and more accepting of all students;
Order counseling; or
Take any other actions necessary to address the incident or reduce HIB in the schools.
• Step 7: The CSA’s Report to the Board of Education – The CSA must report the results of
the investigation and any actions taken to the board of education by its next meeting
following the completion of the investigation.
• Step 8: Information to Parents – Within five school days after the results of the
investigation are reported to the board of education, the school district must provide the
parents with information about the investigation that is limited to the following:
The type of investigation that was conducted;
Whether or not the district found evidence of HIB, as defined in the ABR; and
Whether or not discipline was imposed or services were provided to address the HIB.
Limited Information and Student Privacy Laws: Due to student records and privacy laws and
regulations, parents are only entitled to review their child’s educational records; a parent is
not entitled to view the records of other students. This means that parents are not permitted
to receive the entire HIB investigation report if it in any way would identify a student other
than their own. If parents believe they are entitled to more information than has been
provided by the school district, the parents may request a hearing before the board of
education. The process for the board hearing and other options available to parents are
explained in the following section (Based on 20 U.S.C. §1232g, the Family Education Rights
and Privacy Act, and N.J.A.C. 6A:32-7, Student Records).
19
• Step 9: Optional Hearing or Appeal – After receiving the information on the investigation,
parents have the right, but are not required, to request a hearing with the board of education,
if they are unsatisfied with the investigation findings or any other actions taken by the school
or school district. If the parent requests this hearing, it must be held within 10 days of the
parents’ request. Information on other reporting options can be found in the section of this
guide titled Other Reporting Options (pages 19-20). More information on other appeal
options is explained in the section of this guide titled Options for Appeals on pages 20-22.
• Step 10: Board of Education Decision – At the board of education’s next meeting following
its receipt of the CSA’s report (Step 7), the board must produce a decision, in writing. The
decision must either uphold, reject or change the CSA’s decision.
OTHER REPORTING OPTIONS
Filing a complaint with the New Jersey Division of Civil Rights or the Superior Court of
New Jersey under the New Jersey Law Against Discrimination (N.J.S.A. 18A:37-15(b)6(f)
and N.J.S.A. 10:5-1 to 49) – At any point in time, parents may file a complaint with the Division
on Civil Rights under the Law Against Discrimination (LAD), if there is reason to believe that a
bullying incident was motivated by one of the LAD’s bias categories. The LAD is a state statute
that makes it illegal for schools to discriminate against students based on race, creed, color,
national origin, ancestry, nationality, sex, sexual orientation, gender identity or expression, and
disability. “Discrimination” includes HIB that targets a student because of any of the protected
characteristics listed in the section titled How is Bullying Defined in the ABR? (page 9). This is
known as “bias-based HIB.”
The LAD requires schools to take action to prevent and remediate HIB that targets a student
because of his or her actual or perceived race, color, religion, national origin, ancestry,
nationality, sex, sexual orientation, gender identity or expression, or disability. When schools do
not take appropriate preventive and remedial action, they may be held responsible for bias-based
HIB committed by students, school employees, volunteers and contracted service providers who
have significant contact with students.
For more information on filing a complaint under the LAD, please see Appendix C and D of this
guide.
Contacting the County Office of Education – If at any time parents have reason to believe
their child’s school or school district is not handling a possible bullying incident in line with the
ABR or the board of education’s policies; they can contact the office of education in their county
for assistance. The county office of education is the New Jersey Department of Education’s
(NJDOE) representative in each county. The county office can investigate complaints of
violations of the ABR or the board of education’s HIB policies. A directory for county offices of
education can be found on the NJDOE website at www.state.nj.us/education/counties/. This list
also can be retrieved by going to the NJDOE’s website (http://www.state.nj.us/education/) and
entering “County Information and Services” in the search box in the top right corner of the
homepage.
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Contacting Law Enforcement Officials (the Police)
If at any time parents have reason to believe that a law has been broken, they should immediately
contact the police. If the HIB happened at school or could affect a child while in school, parents
also should inform the school so that school officials can take the proper precautions to protect
their child and others in the school.
Reasons parents would want to contact the police and school officials:
A threat is made to your child’s life or physical safety;
Your child arrives home from school showing signs of severe physical or emotional abuse,
which may include cuts, bruises, welts or acting excessively withdrawn and depressed;
Your child’s personal belongings have been stolen or severely damaged while at school; or
Your child complains or shows signs of inappropriate sexual contact.
This list is only meant to provide parents with some examples for when they might consider
contacting the police. It is up to the parents to judge whether police notification is appropriate.
If you are unsure, you might want to contact the police and ask their opinion about the situation.
OPTIONS FOR APPEALS
The ABR gives options to parents who continue to be concerned with the result of an HIB
investigation or any other steps taken by the school district or school. This section provides
information on these options:
Why Might Parents Decide to Appeal Decision or Action?
Before parents decide to file an appeal, they should be clear on the reason for the appeal. Some
examples include:
• Parents disagree with the results of an investigation. For example, the school did not find
that HIB, as defined in the ABR, occurred and the parents have evidence to prove their point.
• Parents have reason to believe that the discipline, intervention or remedial steps taken by the
school in response to the incident have not protected the child or prevented HIB.
• Parents believe they are entitled to more information on the investigation.
(Please note that parents are only entitled to limited information under student
records and privacy laws and regulations. For a list of these laws and regulations, see
the section of this guide titled Create a School Safety Team on page 15).
• Parents have reason to believe that a part of the complaint process was handled unfairly or
unlawfully by school officials.
How can Parents Appeal a Decision or Action?
Regardless of the appeal option chosen, it is important for parents to have detailed information
about their concern. A clearly stated argument that includes facts helps everyone involved to
more quickly and effectively reach a decision. Parents should always maintain a record of all
documents, conversations or other matters related to an incident involving their child.
Parents should be prepared to explain, at a minimum:
• The issues, concerns and allegations that are the basis for the appeal;
21
• The actions taken by the parents, school officials and any other party to resolve the situation;
and
• The parents’ expected resolution of the appeal.
If applicable, the information a parent might keep or document includes:
• The names of the school, ABS, principal, CSA and others who have been involved in the
matter;
• The name of the parent’s child and the child’s involvement in the incident (Was the child the
alleged bully, the alleged victim or a bystander?);
• The reason for the investigation (the behavior or specific incident that lead the school to take
action);
• The date the investigation began and ended;
• All disciplinary and remedial steps taken and by whom;
• The results of the investigation, the date the parents were provided a report on the results of
the investigation and the names and titles of the school staff who provided parents with this
information;
• The specific issues the parent has with the investigation findings and the actions of school
officials, and the reasons for these concerns;
• The parent’s conclusions from the facts of the incident and the investigation; and
• An explanation of the parent’s expected result from the appeal;
These steps are only meant to provide suggestions and in no way are a complete or final list of
all information parents should keep. In making an appeal, parents should review the board of
education’s policies and procedures to ensure there is a basis for their claim.
What Options are Available to Appeal a Decision or Action?
• Request a Hearing with the Board of Education (N.J.S.A. 18A:37-15(b)6(d)) –
After parents are provided information on the results of an HIB investigation, they may
request a hearing with the board of education to review the matter. A parent may request a
hearing before or after the board’s meeting where it accepts, rejects or changes the CSA’s
decision. There is no time limit on requesting a hearing; however, parents may want to take
action as close to the investigation as possible.
The board must hold a hearing within 10 days of receiving a parent’s request for a hearing,
after the parent receives the results of an HIB investigation from the CSA. The hearing must
be held in executive session in order to protect the privacy of the students. At the hearing,
the board may hear from parents, the school’s ABS, other school staff and administrators or
any other individuals that may have information that is important to consider. The hearing
must be held in accordance with the Open Public Meetings Law (N.J.S.A. 10:4-6 to 10:4-2)
and the board of education’s procedures. The main office of the school district can provide
information on these procedures.
The hearing must take place whether or not the board has issued a decision on the CSA’s
report. If the hearing occurs before the board decision, the board should consider the
information presented at the hearing in reaching its decision on the CSA’s report. If the
hearing occurs after the board’s decision on the CSA’s report, the board should take
22
appropriate action, in line with the new information. The facts and the district’s policies and
procedures will determine any additional actions to be taken.
How to Request a Board Hearing – The ABR does not include information on the
method parents should use to request a board hearing. For this reason, parents should
contact the district’s main office for this information. Some examples of ideas for
requesting board hearings and other appeals are described below:
o Make a phone call to the school district’s main office;
o Send a formal letter to the district by certified mail;
o Send an email to the district; or
o Complete and send the request form or other document provided by the district.
• Appeal to the Commissioner of Education (N.J.S.A. 18A:37-15(b)6(e)) – Parents may appeal
to the Commissioner of Education within 90 days of the board’s decision on the CSA’s
report. Before appealing to the Commissioner, parents typically should attempt to resolve
the matter with school and school district officials, including with the board of education.
This process is described in the previous section titled The 10 Steps of the Complaint and
Investigation Process (pages 17-19). For a more detailed description of the steps involved in
petitioning to the Commissioner, please see either Appendix B of this guide, the NJDOE’s
website at http://www.state.nj.us/education/genfo/faq/faq_candd.htm, or chapter 3 of the
document titled Guidance for Schools on Implementing the Anti-Bullying Bill of Rights Act
found at http://www.state.nj.us/education/students/safety/behavior/hib/guidance.pdf.
• Appeal to the Appellate Division of the Superior Court of New Jersey – Parents may appeal
the Commissioner of Education’s decision to the Appellate Division of the New Jersey
Superior Court. For a more detailed discussion of the steps involved in appealing to the
Appellate Division, please see either Appendix C of this guide, the Appellate Division of the
Superior Court’s
website at http://www.judiciary.state.nj.us/appdiv/forms/forms.htm, or chapter
4 of the document titled Guidance for Schools on Implementing the Anti-Bullying Bill of
Rights Act found at
http://www.state.nj.us/education/students/safety/behavior/hib/guidance.pdf.
PART II: BULLYING PREVENTION
AND RESPONSES TO BULLYING FOR PARENTS
How to Help Stop Bullying (Prevention)
The most effective way to prevent bullying, whether inside or outside of school, is for parents,
students, school staff and community members to cooperate in planning and acting to stop HIB.
This part of the guide gives parents actions they can take in their home, the community and their
child’s school to prevent bullying any place it might occur.
Work Together with Your Child’s School to Stop Bullying
There are many different actions parents can take to make sure their children’s schools are
correctly dealing with bullying. These actions include:
• Knowing the district’s anti-bullying and other policies – Taking the time to read the anti-
bullying policy and code of student conduct will provide parents with an understanding of the
23
steps the school must take when HIB or other misconduct takes place. Understanding the
policies and procedures will help parents decide whether a school is taking proper action.
The district’s anti-bullying policy must be made available to parents each year and must be
posted on the home page of the district’s website (N.J.S.A. 18A:37-15b(11)).
• Helping with the development of the district’s HIB policy – Each school district must include
parents when developing the anti-bullying policy (N.J.S.A. 18A:37-15). This helps to insure
the policies reflect the needs and unique experiences of the student’s backgrounds. Many
schools hold meetings and provide other opportunities for parents to discuss the school’s
policies and share ideas for improving them. Participating in these meetings allows parents
to take an active role in shaping the daily operations of their child’s school.
• Being active in your children’s educations – One of the best ways parents can protect their
children at school is to take an active role in their education. Some ways parents can be
involved with their children’s schools include:
Volunteer to be the parent representative on the school safety team;
Ask questions about the findings and activities of the school safety team;
Attend board of education meetings and learn about bullying incidents and activities;
Attend the public hearings held twice each school year when the CSA reports on the
incidents of HIB to the board of education;
Contact the school to identify other meetings and opportunities to comment on the school
district’s policies and practices;
Attend parent-teacher conferences and contact your child’s teacher regularly to stay
updated on how your child is doing at school. Ask about what your child is learning, if
he or she is having trouble with any school work, and what you can do to help. Also ask
if your child gets along with the other children or if he or she is having any difficulty
interacting with other students in the school;
Attend Parent Teacher Association (PTA) meetings;
Make an appointment with the principal if you have concerns with school policies, how
school staff follow the policies, or other issues, such as the condition of school facilities,
curricular or extra-curricular activities; and
Make an appointment with the CSA if you have concerns with the operation of the school
district.
Take Action to Help Stop Bullying
Before children begin to attend school, they learn to interact from behaviors they observe in their
homes and communities. Research reports indicate that the success of any bullying prevention
program is 60% based on whether the same types of approaches are used in the home.
iii
Some
ideas for parents to use to help to stop the cycle of bullying include
iv
:
• Build empathy – Encourage empathy by teaching your children about the struggles all
human’s face, including pain, rejection and misunderstanding. Help your children to
understand the common human experience and to understand and accept all people,
especially those who may look, speak, act or seem different from them.
24
• Teach respect – Teach respect for differences among people. Discuss the subjects of hate,
prejudice and intolerance, and help your children learn about others who are different from
them.
• Be a role model – Behave the way you want your children to behave. Being patient and
respectful is one of the most effective ways to show your children how to be patient,
understanding and respectful of the rights of other individuals or groups. Children who hear
adults using hurtful or “put down” words to describe people, groups or things that they do not
like, will use the same language.
• Show interest in your children’s life and be an empathetic listener – Show your children that
you are interested in learning about their hobbies and ordinary activities. Ask about their
days at school and their school work, not just grades. Make it clear to your children that you
want them to be happy, and that you accept and love them as they are. Encourage open
communication.
• Actively supervise your children – Active supervision helps to set clear, reasonable,
consistent and age-appropriate rules and guidelines for your children. Clearly explain how
you expect your children to behave, and be consistent in how you handle bullying that takes
place inside and outside of the home.
• Know your children’s friends – Meet your children’s friends; get to know them and their
activities. Get to know the parents of your children’s friends. Your children’s friends and
activities can have a major effect on their behavior and how they relate to others.
• Become involved in your community – Learn what is happening in your community. The
behavior of people in the community may effect how your children behave. You can help
stop the cycle of bullying by becoming involved in community activities and taking steps to
ensure it is a safe and supportive environment. These steps can include communicating
regularly with public safety officials in your area, and asking your neighbors to keep an eye
on your children and to report any incidents of harmful or unlawful behavior.
• Encourage positive problem solving – Discourage verbal and physical revenge by telling
your children that this type of behavior is unacceptable. Encourage your children to solve
conflict with words and not with physical or verbal abuse. Suggest they walk away from
difficult incidents and talk to an adult for guidance.
• Ask questions – Ask your children questions about the way they handle social situations to
determine whether they are being bullied or are bullies. Ask school staff about things they
see in your children’s social relations to help confirm whether there is need for concern.
• Disapprove of bullying – Send a clear message that bullying behavior is unacceptable and
will not be tolerated. Teach your children not to laugh when other children are being bullied,
not to take part in bullying and not to support bullies.
25
• Teach your children to be “upstanders,” rather than bystanders – Stopping the cycle of
bullying involves teaching your children to be “upstanders,” instead of being bystanders.
Bystanders are people who watch bullying, including cyberbullying, and who do or say
nothing to stop it or help. When bystanders do nothing, they are sending a message to the
bully that they accept bullying. Upstanders are people who take some action when they see
bullying. Below are some actions you can suggest to your children that will prevent them
from acting as bystanders and help them be bystanders.
Do not laugh or encourage the bully in any way;
Stay at a safe distance and help the target of the bullying get away;
Do not give the bully attention and support by watching;
Reach out to the victim in friendship;
Support the victim in private;
Include the victim in some of your children’s activities;
Tell an adult; and
Only take actions that are safe.
If your children take these actions, they can take an active role in stopping the bullying of
others. Practicing these situations with your children can increase the chances they will act
as “upstanders.”
Bullying Prevention Activities Parents and Children Can Do Together
There are many specific activities parents can use to help their children develop empathy, respect
for others and positive problem-solving skills, including the following:
• Perform community service – Participating in community service with your children can help
them to better understand people of different backgrounds, abilities, ethnicities, ages,
educations and income levels. For example, research reports show that students who
participated in service activities were more likely to treat each other kindly, help each other
and care about doing their best
v
. Consider having your children volunteer with an
organization that focuses on servicing certain groups that are commonly misunderstood or
harassed by others.
• Watch films that discourage prejudice – Watching films with your children on the harmful
effects of racism, homophobia, sexism and other forms of prejudice throughout history can
help your children develop empathy and discourage them from bullying others. Watching
these films may help children who have been bullied to identify with other groups that have
been mistreated. Films on the civil rights movement may be useful. Many films that address
these issues can be found at the public library.
• Read books or other literature that discourage prejudice – Similar to watching films that
address the prejudice many groups have faced, reading books on this topic can help your
children develop empathy and discourage them from bullying others. Books that deal with
prejudice should be available at the school library and in the public library.
• Visit museums and attend educational events on social issues – Taking your children to
museums or educational events with exhibits that focus on social issues, such as poverty,
civil rights and prejudice, can help your children to better understand the lives and struggles
26
of others. Conducting an online search of museums and exhibits in your city or town may
help to find some of these activities in your area. Many local community organizations,
governments and public universities also regularly hold panels, workshops and other events
on past and current social issues that are open to the public.
• Keep your family up-to-date on current events – Watching the news, reading the newspaper
and engaging in other activities that help your children stay up-to-date on current events can
have many benefits. Talking about the events and discussing the behavior seen can help to
teach the behavior you want to see from your children. These activities can help them to
better understand the effects their decisions have on themselves and others and can help your
children become more empathetic and open to developing relationships with children that are
different from them.
What to Do if Your Child is Being Bullied
Finding out that one of your children is a victim of bullying can be very difficult. If you suspect
one of your children is being bullied at school, it is important to take action. Inaction can have
harmful effects on the victim. Some of these effects include
vi
:
• Serious psychological and behavioral problems, such as low self-esteem, anxiety, depression,
suicide, violence and criminal behavior;
• Physical problems, such as headaches, dizziness and stomachaches;
• Poor grades;
• Becoming fearful; and
• Developing the belief that adults are not in control or are uncaring.
Children at Risk for Being Bullied
Certain groups of students are especially at risk for being bullied. A list of some of these groups
is provided below. If you believe your children might share some of the characteristics of these
or other similar groups, be aware of changes in your children’s behavior. Talk to your children
about how they get along with other students at school and their friends. Ask the teacher for
things he or she notices about your children.
• Students who are believed to be lesbian, gay, bi-sexual or transgender (LGBT) – Research
reports show that nine out of ten students who are perceived as LGBT have experienced
harassment at school in the past year
vii
. It is important to note that students may not be
bullied because they are LGBT youth, but because other students view them as having
qualities that differ from them. For example, a young girl might be bullied and called names
because she likes sports and hiking and dislikes wearing dresses and spending free time
shopping. A boy might be called names for not liking sports, enjoying ballet or for
displaying behaviors that are identified as “feminine.”
• Overweight students – Children who are overweight or obese are more likely to be bullied
than their non-obese peers, regardless of gender, race or socioeconomic status.
viii
• Students with learning or physical disabilities – Studies conducted in the United States found
that children with disabilities were two to three times more likely to be the victims of
bullying. In addition, the bullying experienced by these children was more chronic in nature
and directly related to their disability.
ix
27
• Students who appear to be intellectual or introverted – These might be students who are
believed to be unsocial, or are very interested in school subjects, such as science or math.
• Students who wear clothing, have certain hair styles or engage in some other form of self-
expression that is identified as different from the norm – This could include students who like
to only wear black or who dye their hair bright colors.
Signs that Your Child is Being Bullied
Children often will not tell parents about being bullied because they are embarrassed or ashamed;
afraid of revenge from the bully; or do not believe that the situation will change if they report it.
Since it may be difficult for a child to tell a parent he or she is being bullied, there are many
signs parents can identify. The signs below may or may not be an indication of bullying. But if
parents see these signs, they should consider bullying as a possible reason for the behavior
x
:
• Your child comes home from school with torn or dirty clothing or damaged books;
• Your child has cuts, bruises or scratches;
• Your child has few, if any, friends or playmates;
• Your child seems afraid to go to school, or complains of headaches or stomach pains;
• Your child does not sleep well or has bad dreams;
• Your child loses interest in schoolwork;
• Your child seems sad, depressed or moody;
• Your child is anxious or has poor self-esteem; or
• Your child is quiet, sensitive or passive.
If your child is showing any of these warning signs, you should talk to them to find out the cause
and then take to your child’s teacher or principal.
How to Help a Child Who is Being Bullied
If you believe your child is being bullied or if your child brings up the subject, it is important for
you to take action. Below are some steps you can take
xi
:
• Report the matter to school officials – If you suspect bullying, report the behavior and make
it clear that you want an investigation according to the procedures in the ABR. You should
always contact school officials if you believe an incident involves a student conduct issue
that is affecting your child’s education and well-being at school.
• Document ongoing bullying – Team with your child to keep a record of all bullying incidents.
If the behavior involves cyberbullying, keep a record of all messages or postings. Do not
erase or change any electronic files. More information on cyberbullying is provided in the
sections of this guide titled Steps to Prevent Cyberbullying (page 33), What to Do if Your
Child Experiences Cyberbullying (pages 33-34) and Cyberbullying Resources (pages 36-37).
• Talk with your child – Give your child undivided attention.
• Empathize with your child – Reinforce that bullying is wrong, that it is not your child’s fault,
and that you are glad they had the courage to tell you about it.
28
• Develop solutions together – Work together to find solutions and provide positive ideas for
ways to respond to bullying. Help your child gain confidence by rehearsing the responses.
• Be persistent – Bullying, especially ongoing bullying, may not be stopped in one attempt.
• Stay alert to other problems – Some of the warning signs for bullying might actually be
indicators of other serious problems.
• Cooperate with school staff – Partner with school staff and stay informed of investigations to
be sure the ABR is being followed.
What Not to Do if You Believe Your Child is Being Bullied
It can be challenging to know the most helpful things to do and say if your child is being bullied.
Some things a parent should not do include the following
xii
:
• Do not tell your child to ignore the bullying – The message your child might “hear” is that
you do not take his or her concerns seriously or do not care about his or her safety and well
being. Ignoring or downplaying bullying often encourages it to continue or to become more
serious. Instead, be supportive and gather information about the bullying.
• Do not blame your child for being bullied – Do not assume that your child did something to
cause the bullying. The actions of a child might start a conflict, but this is not the case with
bullying, where the child is the victim of unwanted and uninvited aggression.
• Do Not encourage your child to harm or “get back at” the person who is bullying them –
This could get your child hurt, suspended or expelled from school or sent to court.
• Do not contact the parents of the students who bullied your child – This might make matters
worse by increasing the pressure on your child, increasing the bullying or bringing about
bullying from the parent. School officials should contact the parents of the involved
student(s).
• Do not demand or expect a solution right away – Indicate that you want to determine the best
course of action, but need to be sure that your child is safe. Also, be aware that the ABR
limits the ability of school staff from revealing information on the students who might be
involved in the situation, including the disciplinary actions taken against other students. The
law preventing school officials from giving you details on other students does not mean
appropriate action has not been taken.
What to Do if Your Child is Bullying Others
Finding out that your child has bullied another person can be very difficult. The first step is to
admit your child behaved in this way. Some parents may have difficulty accepting this because
they have not seen their child behave in this way. Some parents may be concerned that they will
be blamed for their child’s conduct. Despite these concerns, it is very important for parents to
deal with their child’s behavior. Bullying is not harmful just to the victims. A child who bullies
others also has an increased chance for problems, including
xiii
:
• Higher risk for engaging in risky and criminal behavior as adults;
29
• Higher risk for substance abuse;
• Higher risk of being disciplined at school, which can include suspension, expulsion and other
measures;
• Missing or dropping out of school;
• Poor grades; and
• Developing an inability to empathize and interact with others.
Signs that Your Child Might be Bullying Others
If your child behaves in one or more of the following ways, it might indicate that he or she
bullies others. If you observe these behaviors
xiv
, you might want to spend some extra time
talking with your child about his or her behavior and schedule a conference to talk about your
concerns with school staff:
• Teasing, threatening or kicking other children;
• Being hot-tempered, hyperactive, impulsive or having a hard time following rules;
• Being aggressive toward adults;
• Acting tough or showing no sympathy for others;
• Being involved in other antisocial behavior, such as vandalism or theft; and
• Engaging in controlling or dishonest behavior.
Reasons Children Bully Others
Children bully others for many different reasons. Parents can develop more effective responses
to stop their children from bullying if they know the reasons for the behavior. Some things that
might contribute to bullying behavior include the following (adapted from the Center for Safe
School’s Pennsylvania Bullying Prevention Toolkit):
• Control and power – Many children bully in an attempt to have control over others or to get
power within a group. Providing children with stability and the freedom to make some of
their own decisions can help in dealing with this issue. Discussing fair limits for their
behavior with your children and putting these limits into effect time after time is another way
to address this issue. Teaching these children acceptable social skills and ideas for
cooperating with others also is important.
• Peer attention – Children often receive positive attention for their bullying behavior. When
other children laugh at or join in the bullying, children are supported for their bullying
behavior. This may be addressed by keeping track of your children’s friends and activities,
and by talking about the difference between giving attention to others for good and bad
behavior.
• Learned behavior and indifferent attitudes toward bullying – Parents’ attitudes toward peer
aggression and bullying can have a major effect on their children’s behavior. If parents -
through their inaction or action - approve of bullying, (which can include allowing their
children to bully one another) the children may mistakenly think that bullying is acceptable
behavior and a normal part of growing up. Parents should take action when they see bullying
behavior and be clear that it will not be tolerated.
• Bias issues – Some bullying is driven by personal prejudice or social norms that reject certain
groups. A listing of groups that are especially susceptible to bullying is provided in the
30
section of this guide titled Children at Risk for Being Bullied (pages 26-27). If parents
suspect one of their children is prejudiced towards a certain group(s), they can help by
talking with the child about the reasons for it. Parents also can have their children participate
in activities and counseling that build empathy and respect for others. A listing of activities
is provided in the section of this guide titled Bullying Prevention Activities that Parents and
Children Can do Together (pages 25-26).
• Being a victim – Bullying is part of a vicious cycle. Some children may bully others because
they are victims of bullying. If you suspect one of your children is bullying another
person(s), consider whether or not they have ever shown any signs of being a victim of
bullying (see the section titled Signs that Your Child is Being Bullied on page 27). Think
about whether your child is a member of any group(s) that is especially susceptible to
bullying. If the child who bullies also is a victim, contact the school about your concerns,
and inform your child that bullying others is not the way to stop bullies.
How to Help a Child Who Bullies Others
If you find out that your child is bullying others, take the issue to heart and develop a plan with
your child that will help stop the bullying. The section of this guide titled Bullying Prevention
Activities that Parents and Children Can Do Together (pages 25-26) provides examples of things
a parent can do to address bullying issues with a child. Additional steps a parent can take
include
xv
:
• Calmly and thoroughly discuss the problem – Talk with your child about the bullying
behavior, and ask for their account of any specific incidents of bullying. Listen carefully and
stay neutral. Calmly explain the behavior that you are concerned about and ask for an
explanation of the incident(s) and details on your child’s role.
• Clearly state your disapproval, and develop clear and consistent rules – Make it clear to
your child that you take bullying seriously and that it is not acceptable behavior. Calmly
inform the child that you will not tolerate bullying behavior. Develop clear rules for your
child's behavior. Always praise the child when he or she follows the rules, and always put
into action fair consequences if your child breaks the rules.
• Spend time with your child, and know their activities – Spend quality time with your child.
Carefully check on their activities, including when they are online or texting. Be aware of
your child's friends and the ways your child and his or her friends spend their free time. Help
them watch their own behavior.
• Encourage your child’s talents and positive attributes – Build on your child's talents and
positive attributes. Encourage him or her to get involved in social activities and community
service.
• Work closely with the school – Ask the school to keep you informed about your child’s
behavior. Develop strategies together to address the bullying. Team up to send clear
messages to your child that the bullying must stop. You need to work together with school
staff to ensure the bullying does not happen again.
31
• Get counseling or other assistance for your child – Talk with a school counselor or other
health care professional about available counseling or other services for your child. These
services can help your child learn new behaviors.
• Help your child connect with other youth who show positive behavior – Other children can
serve as positive role models for your children, and can have a positive influence on their
behavior, helping them work through the reasons of their behavior.
What Not to Do if Your Child is Bullying Others
The shame, anger, fear or misunderstanding parents might feel when they discover their child
bullies other children can lead them to take actions which may make the situation worse. Below
are some actions parents should not take in this situation:
• Do not blame the victim – Do not assume the victim did something to bring the bullying on
himself or herself. A child may provoke conflict, but this is not the case in bullying, where
the child is the victim of one-sided and unwanted or uninvited aggression.
• Do not overreact – Becoming extremely angry or using too much discipline can lead your
child to become fearful, defensive and resentful, which could prevent him or her from
understanding that bullying is wrong. This also could result in your child feeling victimized
and acting more aggressive and angry towards others.
• Do not contact the parents of the victim – This might make matters worse by increasing the
pressure on your child, increasing the bullying or bringing about bullying from the parents.
School officials should contact the parents of the involved student(s).
• Do not support your child’s behavior or say it is “normal” – Make sure you clearly tell your
child bullying is wrong. Do not laugh or make light of the bullying behavior. You should not
discuss bullying as a normal or accepted behavior, since it can have serious consequences for
the bully and the victim.
• Do not expect your child to change right away – Do not accept your child’s conduct;
however, understand that some bullies have deep issues that lead them to mistreat others. Be
patient with your child as he or she learns the reasons for the bullying and ways to stop
bullying.
• Do not tell your child that he or she is a bad person” – Using bad behavior does not mean
the child is a bad person. Telling your child that he or she is a “bad person” can lead the
child to feel worthless, or unable or unwilling to change.
Steps to Prevent Cyberbullying
xvi
In the digital age, it is important for parents to keep an eye on their children’s online activity and
understand ways to deal with cyberbullying. Steps parents can take to prevent their children
from cyberbullying or from becoming victims of cyberbullying or other problems on the internet,
include:
• Become knowledgeable about current technologies and provide clear rules for their use –
Some rules to consider for your children include:
32
Do not share personal information with anyone online other than your parents or specific
individuals your parents permit; this includes passwords and login names;
Do not become involved with online gossip or harassment; this includes making
comments or forwarding hurtful pictures or messages to other people; and
Do not visit websites designed only for adult use.
• Keep computers and other technology in public areas in your home – This will ensure you
can easily watch your child’s online activities.
• Use protective software – Obtain and install this software onto all of your computers or other
electronic equipment your child can access. Use it to monitor, limit access or block certain
sites you do not want your child to use.
• Do not ban your child from using technology – This could actually encourage your child to
hide their online activities. It may cause them to engage in rebellious behavior online and
offline because they feel deprived or resentful.
What to Do if Your Child Experiences Cyberbullying
• Do not reply – People who cyberbully typically want a reaction from their target or their
audience. Stop yourself or your child from responding, even if you are angry and it seems
justified.
• Save all evidence related to the cyberbullying – This includes printing a copy of all web
content of the bullying of concern and saving or keeping all of this information on the
computer, if possible. This evidence can help in the event that law enforcement or school
authorities investigate the incident.
• Contact other adults and authorities – Do everything you can to be sure the cyberbully is
held accountable for his or her actions. If the cyberbully makes a direct threat to a person’s
physical safety, you should immediately contact the police. If the cyberbulling happens at
school, carries into class or continues through the school day, a school administrator should
be told.
• Contact the website where the cyberbullying occurred – Request that any offensive content
be removed and that the cyberbullies be blocked. Many websites accept abuse complaints
through a web link option or by email.
PART III: BULLYING PREVENTION RESOURCES FOR PARENTS
New Jersey Bullying Prevention Resources
Education Law Center
www.edlawcenter.org(973) 624-1815, (973) 624-4618 (tty)
Offers information, referrals and, in a limited number of cases, representation to parents and
students in disputes with public schools. Targets low-income families in high poverty school
districts and selects cases that raise systemic issues.
33
Garden State Equality
http://www.gardenstateequality.org/
Phone: 1 877 NJBULLY or text NJBULLY to 66746
The largest civil rights organization in New Jersey committed to advocating for the lesbian, gay,
bisexual and transgender and questioning community and to stopping the bullying of all groups.
Garden State Equality also has an anti-bullying hotline that students, parents or concerned
friends of a bullied student can call or text for help.
Gay, Lesbian and Straight Education Network
www.glsen.orgNorthern New Jersey Chapter
(973) 249-9107 - [email protected]
Central New Jersey Chapter
(609) 448-8243 - [email protected]
Promotes each member of a school as equally valued regardless of sexual orientation or gender
identity. Provides anti-bullying workshops and programs that promote tolerance and address
gender bias and harassment.
New Jersey Coalition for Bullying Awareness and Prevention
www.njbullying.org
(908) 522-2581
Dedicated to increasing community awareness of bullying. Provides information and trainings on
bullying prevention.
New Jersey Department of Education’s resources supporting the New Jersey Anti-Bullying Bill of
Rights Act
http://www.state.nj.us/education/students/safety/behavior/bullying/#si
New Jersey Department of Education’s Model Policy and Guidance for School on Harassment,
Intimidation, and Bullying on School Property, at School-Sponsored Functions and on School
Buses
http://www.state.nj.us/education/parents/bully.htm
New Jersey Department of Education’s Keeping Our Kids, Safe, Healthy and in School Website
http://www.state.nj.us/education/students/safety/
http://www.state.nj.us/education/students/safety/
behavior/bullying/
New Jersey Division on Civil Rights
www.njcivilrights.org(609) 292-4605
The agency responsible for investigating discrimination complaints and eradicating illegal
discrimination in New Jersey. To file a complaint, contact a regional office. Please check the
website for contact information in your region.
New Jersey Office of Bias Crimes and Community Relations/New Jersey Cares About Bullying
www.njbiascrime.org(877) NO-BULLY (662-8559)
(800) 277-BIAS (2427)
34
Assists schools and communities in developing anti-bullying policies by offering workshops and
trainings. Provides information and referrals regarding bullying.
New Jersey State Bar Foundation
www.njsbf.org(732) 937-7517
Provides free bullying-related training programs to New Jersey school staff members, as well as
video resources, publications, posters and support to other New Jersey organizations. Maintains a
referral hotline for parents and others seeking legal representation.
Statewide Parent Advocacy Network
www.spannj.org(973) 642-8100
Supports families and professionals in the healthy development of children and youth. Offers
individual services, publications and trainings.
Youth Consultation Service Center for the Prevention of Violence
www.ycs.org(973) 482-8411
Offers a variety of school- and community-based programs that address youth violence.
General Bullying Resources
Books and Articles
Bullying: A Handbook for Educators and Parents. Rivers, I., Duncan, N., and Besag, V. E.
(2009). Rowman & Littlefield Education, Lanham, MD.
Coloroso, B. (2003) The bully, the bullied, and the bystander: From preschool to high school:
how parents and teachers can help break the cycle of violence. NY: Harper Collins.
Fried, S., & Fried, P. (1998). Bullied and victims: Helping your children through the schoolyard
battlefield. New York, NY: M. Evans & Co.
Garbarino, J., & deLara, E. (2002) And words can hurt forever: How to protect adolescents from
bullying, harassment and emotional violence. NY: Free Press.
Mullin, N. L. (2009). Olweus bullying prevention program companion bibliography. Pittsburgh,
PA: Highmark Foundation
Pellegrini, A. D., Bartini, M., & Brooks, F. (1999). School bullies, victims, and aggressive
victims: Factors relating to group affiliation and victimization in early adolescence. Journal of
Educational Psychology, 91(2), 216-224.
Snyder, J. M. (February, 2003) What Parents Can Do About Childhood Bullying. Schwab
Learning Center, (www.schwablearning.org) Charles and Helen Schwab Foundation. Retrieved
August 12, 2005, from http://www.schwablearning.org/articles.asp?r=697.
The Truth about Bullying: What Educators and Parents Must Know and Do. Urbanski, J. and
Permuth, S. (2009). Rowman & Littlefield Education, Lanham, MD.
35
What Parents Should Know about Bullying (2002). Prevention Child Abuse America
Publication. South Deerfiled, MA. (1-800-835-2671.
Online Resources
Stop Bullying.gov – This website provides information from various government agencies on
ways children, teens, young adults, parents, educators and others in the community can prevent
or stop bullying.
www.stopbullying.gov
Cyberbullying Resources
Commonsense Media, Cyberbullying Toolkit – This toolkit, accessible online, provides tips and
resources for educators, parents and youth on the topic of cyberbullying.
www.commonsensemedia.org/educators/cyberbullying-toolkit
Cyberbullying Research Center – The Cyberbullying Research Center is dedicated to providing
up-to-date information about the nature, extent, causes and consequences of cyberbullying
amongadolescents. www.cyberbullying.us
Hinduja, S., & Patchin, J. W. (2009). Bullying beyond the schoolyard: Preventing and
responding to cyberbullying. CA: Corwin Press.
Kowalski, R. M., Limber, S. P., & Agatston, P. W. (2008). Cyber bullying: Bullying in the
digital age. Malden, MA: Blackwell.
National Crime Prevention Council (NCPC) – The NCPC provides information and resources
regarding crime prevention, including cyberbullying and cyber crimes.
www.ncpc.org/topics/cyberbullying
National Center for Missing and Exploited Children – The center’s Netsmartz program is an
online resource for parents and educators on the topic of online safety and cyberbullying.
www.netsmartz.org/cyberbullying
Protecting Kids Online (PKO) – PKO is a network of law enforcement officers that have training
in internet safety. They are available to conduct free workshops in schools and communities.
www.safeschools.info/internet-safety/aboutinternet-safety
Willard, N. E. (2007). Cyber-safe kids, cyber-savvy teens: Helping young people learn to use the
internet safely and responsibly. CA: John Wiley & Sons.
Resources on Bullying and Protected Class Issues
American Civil Liberties Union (ACLU) – The ACLU is an advocacy organization that
publishes numerous guides to students’ rights. Several recent publications focus on the issue of
36
bullying and gay/lesbian students. These publications can be found by searching the ACLU
website. www.aclu.org
Anti-defamation League (ADL) – The ADL works to end anti-Semitism and all forms of bigotry,
while working to protect civil rights for all. The ADL has numerous publications and programs
that focus on ending harassment in schools and communities.
www.adl.org
Office of Civil Rights (OCR), U.S. Department of Education – OCR enforces several federal
civil rights laws on discrimination through programs or activities that receive federal funds from
the Department of Education. These laws include Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
and Title II of the Americans with Disabilities Act of 1990. OCR’s 2010 “Dear Colleague
Letter” outlines school’s responsibilities in responding to bullying and harassment, particularly
in relations to protected groups.
www2.ed.gov/about/offices/list/ocr/index.html
(215)656-8541
Parent Advocacy Coalition for Educational Rights (PACER) – PACER works to expand
opportunities and enhance the quality of life of children and young adults with disabilities and
their families, based on the concept of parents helping parents. They have extensive online
resources for parents, educators and students on the topic of bullying. PACER publishes a
booklet called Beyond Sticks & Stones: How to Help Your Child with a Disability Deal with
Bullying.
www.pacer.org
(888)248-0822
Wasley, L. (2005). Taking bullying seriously: Is your child a target? Strategies and interventions
for parents/guardians of children with special needs. Novato, CA: Matrix Parent Network.
www.matrixparents.org/pdf/packetsArticles/BullyingArticle.pdf
Bullying and Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Resources
Gay, Lesbian and Straight Education Network (GLSEN) – GLSEN works to assure that each
member of every school community is valued and respected regardless of sexual orientation or
gender identity/expression. GLSEN provides resources for educators, youth and advocates.
www.glsen.org
It Gets Better Project – This project was created to show young LGBTQ people the levels of
happiness, potential and positivity their lives can reach – if they can just get through their teen
years. www.itgetsbetter.org
The Trevor Project – This is a national organization that publishes educational resources for
parents and schools and provides information, resources and crisis prevention services to
LGBTQ youth and their allies. .
www.thetrevorproject.org.
37
APPENDIX A
Parent Rights and School Responsibilities to Parents under the ABR
The chart below summarizes each of the requirements in the Anti-Bullying Bill of Rights Act
(ABR) related to parents. The left column includes a reference to the requirement and its citation
in the ABR. The right column provides a description of parent’s rights under the corresponding
ABR Requirement.
ABR Requirement
Parent Component
Anti-Bullying Policy Development
Each board of education must develop an anti-
bullying policy.
(N.J.S.A. 18A:37-15)
Parents must be represented in the process of
developing each school district’s anti-bullying
policy.
Public Information
A school’s anti-bullying policy must be
provided to and available to parents.
(N.J.S.A. 18A:37-15b(11))
Contact information for the district anti-
bullying coordinator and the school anti-
bullying specialist(s) must be posted on the
websites of the school district.
(N.J.S.A. 18A:37-15b(12)
The NJDOE was required to develop a
guidance document for use by parents, school
districts and students. The NJDOE chose to
develop two publications: Guidance for
Schools on Implementing the Anti-Bullying Bill
of Rights Act and this document. The NJDOE’s
guidance documents must be posted at an
easily accessible location on the websites of
each school district, the NJDOE and the
Division on Civil Rights.
(N.J.S.A. 18A:37-24b)
The HIB policy must be prominently posted on
the home page of the school district’s website,
and the HIB policy must be distributed
annually to parents.
Contact information for the district anti-
bullying coordinator must appear on the
homepage of the school district’s website.
Contact information for the district anti-
bullying coordinator and school anti-bullying
specialist must appear on the homepage of the
school’s website.
Each school district’s website and the websites
of the NJDOE and the Division on Civil Rights
must provide parents with access to the
guidance documents
38
ABR Requirement
Parent Component
School Safety Team
A school safety team must be formed in each
school in the school district to develop, foster
and maintain a positive school climate by
focusing on the ongoing, systematic process
and practices in the school and to address
school climate issues such as HIB.
(N.J.S.A. 18A:37-21)
A parent of a student in the school must be a
member of the school safety team. However,
the parent is not allowed to participate in team
activities that might compromise the privacy of
a student.
Bullying Prevention Programs, Approaches or
Other Initiatives
Schools and school districts must annually
establish, implement, document and assess
bullying prevention programs, approaches or
other initiatives that are designed to create
school-wide conditions to prevent and address
HIB.
(N.J.S.A. 18A:37-17)
Parents must be involved in the process of
annually reviewing and putting into practice
the bullying prevention programs, approaches
or other initiatives.
Public Reporting
Two times each school year at a public
hearing, the chief school administrator (CSA)
must report to the board of education all
incidents of violence, vandalism and
harassment, intimidation and bullying which
occurred during the previous reporting period.
(N.J.S.A. 18A:17-46)
The report must be used to grade each school
and school district for the purpose of assessing
their efforts to implement policies and
programs consistent with the ABR.
(N.J.S.A. 18A:17-46)
Parents may participate in the public hearings.
A link to the reports must be available on the
district’s website.
The grade for each school and the school
district must be posted on the homepage of the
school district’s website. The grade for a
school must be posted on the homepage of
each school’s website.
39
ABR Requirement
Parent Component
Bullying Investigation Procedure
Each school district’s anti-bulling policy must
include an investigation procedure that
contains all of the procedures in the ABR.
(N.J.S.A. 18A:37-15b(6))
Following the verbal report of a suspected
incident of bullying to the principal, the
principal must inform the parents of the
suspected student offenders and victims.
During the notification, the principal may, but
is not required, to discuss the availability of
counseling and other intervention services.
It is suggested that the notice be made as soon
as practical, but the ABR does not require a
timeline for the notice.
Bullying Investigation Report
A report of the results of the investigation and
any additional steps taken by the CSA must be
provided to the board of education by its next
meeting following the completion of the
investigation. ((N.J.S.A. 18A:37-15b(6)(c)).
Parents of all suspected bullying offenders and
victims must be provided the following
information within 5 days after the results of
the investigation are reported to the board of
education:
• The type of investigation conducted;
• Whether or not evidence of harassment,
intimidation or bullying was found; or
• Whether or not discipline was given or
services provided to address the HIB.
Board Hearing
A parent may request a hearing before the
board of education.
(N.J.S.A. 18A:37-15b(6)(d))
Parents may request the hearing after receiving
the results of the investigation.
The hearing must be held within 10 days of the
request.
The hearing must be held in executive session
to protect the privacy of the students.
40
ABR Requirement
Parent Component
Rights of Appeal and Other Legal Options
A parent may appeal to the Commissioner of
Education.
(N.J.S.A. 18A:37-15b(6)(e))
A parent may appeal to the Appellate Division
of the Superior Court.
A parent may file a complaint with the
Division on Civil Rights.
(N.J.S.A. 10:5-1 et seq.)
Report to law enforcement officials.
Parents may appeal the board of education’s
decision to the Commissioner of Education no
later than 90 days after the board issued the
decision.
(See Appendix B)
Parents may appeal the Commissioner of
Education’s final determination to the
Appellate Division of the Superior Court.
(See Appendix C )
Parents may file a complaint with the Division
on Civil Rights within 180 days of the
occurrence of any bullying incident that
involves membership in a protected group, as
stated in the Law Against Discrimination
(N.J.S.A. 10:5-1 et seq.)
(See Appendix D )
Contacting Law Enforcement Officials:
Parents may contact their local police at any
time, if they believe a law is being or has been
broken or their child is or might be subject to
bodily injury, whether or not related to a
bullying incident.
41
APPENDIX B
Petitioning the Commissioner of Education
To Hear and Decide Disputes Concerning N.J.S.A. 18A:37-13 et seq.
The New Jersey Department of Education’s (NJDOE) Office of Controversies and Disputes
assists the Commissioner in using the process established by the Administrative Procedure Act
(http://www.state.nj.us/oal/general.html) to hear and decide disputes under the State school laws
(http://www.state.nj.us/education/parents/law.htm), which includes N.J.S.A. 18A:37-13 et seq. A
controversy or dispute under the State school laws arises when one party alleges that another has
violated:
• State statutes governing education (Title 18A, found at http://lis.njleg.state.nj.us/cgi-
bin/om_isapi.dll?clientID=228445&Depth=2&depth=2&expandheadings=on&headingswith
hits=on&hitsperheading=on&infobase=statutes.nfo&record={754C}&softpage=Doc_Frame
_PG42); or
• Rules of the State Board of Education (http://www.state.nj.us/education/code/).
The allegations are generally as a result of different views of the meaning and application of the
law, and one party seeks a legal ruling from the Commissioner resolving the dispute.
Typical parties in school law disputes are parents, who may file on their own behalf and/or on
behalf of their minor children; adult students; school officials and employees; boards of
education and board members; charter schools; private schools for the handicapped; and, in cases
where decisions of NJDOE officials are appealed to the Commissioner, the State Department of
Education. Common types of cases include disputes about student discipline (including for
harassment, intimidation and bullying), student residency/domicile status, tenure/seniority
claims, tenure charges, actions of local boards of education, certain decisions of the New Jersey
State Interscholastic Athletic Association (NJSIAA), and final decisions on penalties
recommended by the School Ethics Commission upon finding that school officials have violated
the School Ethics Act.
What types of matters are not handled through Controversies and Disputes?
• Disagreement with a Local Board of Education – Disagreement with a local board of
education, in the absence of allegations that the law is being violated, does not create a viable
dispute before the Commissioner. When a board exercises its discretion and takes action
within the scope of authority granted it by statute or rule, unless a petitioner can demonstrate
on appeal that the board’s action was taken without rational basis or in bad faith, or was
contrary to law, the Commissioner may not substitute his judgment for that of the board and
must uphold the board’s action.
• Day-to-Day Issues – Many day-to-day issues commonly concerning parents, students and the
public are not appropriate for judicial-type hearings and legal rulings at the State level and
are best pursued through the local school district administration and board of education
(http://www.state.nj.us/education/directory). Where problems or questions persist, assistance
with resolution may be available through the office of the Executive County Superintendent
of Schools (http://www.state.nj.us/education/counties/).
• Complaints about School Personnel – Complaints about school personnel are not generally
heard as disputes before the Commissioner of Education. In New Jersey, hiring, evaluating,
42
disciplining, and deciding whether to retain the services of teaching staff members rest with
the local school district administration and board of education rather than the State. The
Commissioner’s role in such matters is limited to adjudication of any school law disputes that
may arise under the particular circumstances, such as deciding tenure charges in accordance
with N.J.S.A. 18A 6-10 et seq., if certified by the board, or hearing any appeal by the filer of
the charges, if the board voted not to certify them. Similarly, any action against a teaching
staff member’s license, other than suspension for resignation on insufficient notice, must be
requested through the State Board of Examiners
(http://www.nj.gov/education/educators/license/sbe.htm), not the Commissioner
• Special Education Disputes – Disputes arising under the laws governing special education
are pursued through the NJDOE’s Office of Special Education
(http://www.state.nj.us/education/specialed/).
• School Ethics Complaints – Complaints against school officials under the School Ethics Act
are pursued through the School Ethics Commission
(http://www.state.nj.us/education/ethics/).
• Elementary and Secondary Education Act Complaints – Complaints under the federal
Elementary and Secondary Education Act (No Child Left Behind Act - NCLB) are handled
in accordance with the NJDOE’s NCLB complaint policy
(http://www.nj.gov/education/grants/nclb/issues/complaint_policy.htm).
• Compliance Investigation – Matters appropriate for NJDOE investigation or audit, such as
overspent budgets, financial malfeasance, and compliance with criminal history record check
laws, are best directed to the NJDOE’s Office of Compliance Investigation
(http://www.state.nj.us/education/genfo/faq/faq_oci.htm).
How do I initiate an appeal to the Commissioner of Education?
Before initiating an appeal to the Commissioner, a petitioner must generally have pursued
available rights of appeal at lower levels, including the local board of education. If still
aggrieved, a party may appeal to the Commissioner within 90 days (less where a specific law so
requires) of receipt of notice of final action, by filing a Petition of Appeal with the NJDOE’s
Office of Controversies and Disputes according to the procedures detailed in N.J.A.C. 6A:3-1.1.
et seq. (http://www.state.nj.us/education/code/current/title6a/chap3.pdf).
These rules require the following information, in the form of a petition as described at N.J.A.C.
6A:3-1.4:
• Name, address, telephone number and, if available, fax number of both the petitioner and the
respondent (generally, the board of education);
• The specific allegation(s), and the facts supporting them, which constitute the basis of the
controversy;
• A statement of the relief which the petitioner is seeking; and
• The signature of petitioner, or his/her attorney, if applicable.
Additionally, the petitioner must write or type the statement contained in N.J.A.C. 6A:3-1.4
attesting to the truthfulness of the allegations set forth in the Petition of Appeal; the statement
must be signed by petitioner and notarized. Finally, the petitioner must serve a copy of the
petition on each respondent and must submit to the NJDOE’s Office of Controversies and
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Disputes, with the Petition of Appeal, proof that each respondent was served (i.e., the petition
was mailed or delivered). Such proof may be in any one of the following forms:
• An acknowledgment of service (mailing or delivering the petition) signed by the attorney for
the respondent, or signed and acknowledged by the board of education or its agent;
• A sworn affidavit of the person making service;
• A certificate of service signed by the attorney making service; or
• A receipt (or copy) of certified mailing to the board of education’s secretary or the board of
education’s attorney.
How do I request emergency relief in an appeal to the Commissioner of Education?
If relief is sought on an emergency basis, in addition to the information explained above the
petitioner must file a motion accompanied by a memorandum addressing the standard for
granting such relief pursuant to Crowe v. DeGioia, 90 N.J. 126 (1982); see N.J.A.C. 6A:3-1.6.
This means the petitioner must demonstrate that:
• The petitioner will suffer irreparable harm if the requested relief is not granted;
• The legal right underlying petitioner’s claim is settled;
• The petitioner has a likelihood of prevailing on the merits of the underlying claim; and
• When the equities and interests of the parties are balanced, the petitioner will suffer greater
harm than the respondent will suffer if the requested relief is not granted.
Please note that – unless other applicable law provides a shorter time frame – there is a 90-day
filing deadline for petitions of appeal, pursuant to N.J.A.C. 6A:3-1.3(i), and that efforts to resolve
a matter informally do not generally absolve petitioners from compliance with this deadline, and
failure to observe it may result in dismissal of a petition. Also note that submissions received
after the close of NJDOE business at 4:15 p.m. will be deemed filed the next business day.
Papers are to be submitted to the following address:
Commissioner of Education
c/o Director of Office of Controversies and Disputes
New Jersey State Department of Education
P.O. Box 500
Trenton, NJ 08625
With the prior permission of the Office of Controversies and Disputes and up to a limit of 10
pages, a petition may also be faxed to (609) 292-4333, with the hard copy to follow by mail.
Questions may be directed to the Office of Controversies and Disputes at (609) 292-5705.
What happens after an appeal is filed?
Filing a Petition of Appeal initiates a “contested case proceeding” where the petitioner will bear
the burden of proving the allegations made in the petition through presentation of evidence and
argument. In most cases, the alleged violator (“respondent”) will be required to answer the
petitioner’s allegations within 20 days, and the matter will be sent to the Office of Administrative
Law (OAL) for hearing of testimony and argument and consideration of evidence by an
Administrative Law Judge (ALJ) in accordance with the Administrative Procedure Act (52:14B-
1). At the conclusion of OAL proceedings, the ALJ issues an initial decision recommending
findings of fact and conclusions of law to the Commissioner.
44
The initial decision and entire case record are then sent to the Commissioner, who has 45 days
from the filing of the initial decision to review the matter, receive exceptions from the parties,
and issue a final decision adopting, rejecting or modifying the initial decision of the ALJ. The
ALJ’s decision is, in itself, of no force and effect, but final Commissioner decisions have the
force of law unless stayed or reversed on appeal.
If a party is dissatisfied with the Commissioner’s decision, can it be appealed?
Yes. Prior to enactment of P.L. 2008, c. 36 on July 7, 2008, Commissioner decisions – other
than appeals from New Jersey Interscholastic Athletic Association (NJSIAA) decisions and
NJDOE determinations in certain matters involving “Abbott” districts, which were, by law,
appealable directly to the Appellate Division of the Superior Court – could be appealed to the
State Board of Education and thereafter to the courts. As of July 7, 2008, however, all
Commissioner decisions are final agency decisions appealable to the Appellate Division of the
Superior Court.
How many cases are filed each year? Where can I find past Commissioner decisions?
Between 500 and 600 Petitions of Appeal are filed most years. Many of these are withdrawn or
resolved by settlement, but many others result in substantive decisions of the Commissioner.
Substantive Commissioner decisions issued since mid-1997 are available on the NJDOE’s
website at New Jersey School Law (http://www.state.nj.us/education/legal/index.html), as is
information about where to find earlier decisions.
45
APPENDIX C
Appealing Final Commissioner of Education Decisions
To the Appellate Division of the Superior Court
The Appellate Division of the Superior Court is New Jersey's intermediate Appellate Court. It is
comprised of 35 judges who sit in two and three judge panels chosen from parts consisting of
four or five judges. Appellate Division judges hear appeals from decisions of the trial courts, the
Tax Court and State administrative agencies. The Appellate Division decides 6,500 to 7,000
appeals and approximately 7,500 motions each year.
Procedure
There is a four-step process for appealing Commissioner of Education determinations to the
Appellate Division of the Superior Court, which includes matters that pertain to the
implementation of the Anti-Bullying Bill of Rights Act:
• Chief School Administrator Decision – First, the chief administrator of a school district or a
lead person of a charter school must render a decision on a harassment, intimidation and
bullying case.
• Board of Education Determination – Second, the school board or governing authority must
either decide to accept, reject or modify the chief school administrator’s or charter school
lead person’s decision.
• Commissioner of Education Appeal – Third, the Commissioner of Education must render a
decision on an appeal of the chief school administrator’s or board of education’s decision(s).
• Appellate Division – Fourth, an appeal of the Commissioner of Education’s decision may be
filed with the Appellate Division of the Superior Court for a ruling.
Instructions and Forms
The Appellate Division may not take any action in a case until it has obtained jurisdiction in the
matter. With few exceptions, the Appellate Division does not have jurisdiction unless a notice of
appeal or a motion for leave to appeal has been filed. Instructions and forms for filing either a
notice of appeal or a motion for leave to appeal can be found in the pro se kit and other materials
located at http://www.judiciary.state.nj.us/appdiv/forms/forms.htm, and in the Rules Governing
the Courts of the State of New Jersey (the Court Rules can be found at
http://www.judiciary.state.nj.us/rules/). The pro se kit found at
http://www.judiciary.state.nj.us/appdiv/forms/10837_appl_prose_kit.pdf contains the following
items.
• A cover letter;
• Appellate Division Practice Checklist;
• Instructions for completing the forms;
• Notice of Appeal form;
• Prescribed Transcript Request form;
• Civil Case Information Statement form;
• Criminal Case Information Statement form;
• Notice of Motion form; and
• Certified Statement in Support of Motion for Leave to Proceed as an Indigent form.
46
Before a party begins completing the forms mentioned above, the information below and the
material referenced above should be carefully reviewed. It is suggested that when reviewing the
Appellate Division Practice Checklist (http://www.judiciary.state.nj.us/appdiv/forms/forms.htm),
you note especially the time limits for serving and filing documents and how these time limits
apply to your case. An appeal may be filed as of right from a final agency decision within 45
days from the date of service of the decision or notice of the action taken. An appeal is properly
filed by the timely submission of a notice of appeal, case information statement and transcript
request form.
While the pro se kit (http://www.judiciary.state.nj.us/appdiv/forms/10837_appl_prose_kit.pdf) is
not intended to be a comprehensive guide to practice and procedures in the Appellate Division,
the information and forms contained therein should be helpful in the preparation of the
documents that a party will need in order to proceed with an appeal.
Consideration should be given to obtaining the assistance of an attorney, since an appeal can be a
complex, legal proceeding. Even if it is found that completing the forms is not a difficult task,
please be aware that the level of assistance that the Clerk's office has provided through these
detailed instructions does not continue throughout the course of an appeal. The Clerk's office
cannot assist with the legal research that may be needed before writing can begin on an appellate
brief; nor assist with assembling the documents that will be needed for the appendix; nor assist
with drafting the procedural history, statement of facts, and legal arguments that will be required
in the appellate brief. The assistance of the Clerk's office, to attorneys and to pro se litigants
alike, is limited to procedural matters, i.e., information concerning the Court Rules and practice
and procedure. The Clerk’s office cannot provide any assistance or legal advice as to the issues,
arguments or merits of an appeal.
Legal Assistance
If the party cannot afford to pay for an attorney in a civil matter, he or she may be able to obtain
legal assistance from the Legal Aid office in the party’s county.
Fees
A $200 filing fee is required when filing a notice of appeal, and a $30 filing fee is required when
filing a motion for leave to appeal. Once an appellant has paid the filing fee, there is no fee
required for filing a motion while the appeal is open. Please note, however, that any motion
made after a case is closed must be accompanied by a $30 filing fee.
In addition, if an appeal is being made of a final judgment, order or decision, a deposit for
transcripts in the amount of $500 for each day or fraction of a day of trial or hearing is to be paid,
pursuant to Court Rule 2:5-3. This fee is paid to the court reporter that was present at the
proceedings in question or, in the case of sound recorded proceedings, to the clerk of the court or
agency in which those proceedings took place.
Assistance
Although an Appellate Division Practice Checklist is provided at
http://www.judiciary.state.nj.us/appdiv/forms/forms.htm, please bear in mind that during the
course of the appeal, it will very likely become necessary for the party to consult the full text of
47
the Court Rules and the cases construing the Court Rules. Copies of the Court Rules are
available in the State Library in Trenton, in the law libraries in the county courthouses, at some
county and municipal public libraries throughout the State and at
http://www.judiciary.state.nj.us/rules/.
If, after consulting the materials provided in the pro se kit and the Court Rules, you still have
questions concerning Appellate Division practice and procedure, you may contact the Appellate
Division Clerk's Office at (609) 292-4822 for assistance.
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APPENDIX D
The Division on Civil Rights:
Jurisdiction and Services
Regarding Harassment, Intimidation and Bullying
The ABR requires this guidance document to include an explanation of the jurisdiction and
services of the Division on Civil Rights (DCR), New Jersey Department of Law and Public
Safety in regard to specific types of harassment, intimidation and bullying (BULLYING). The
information on the Division on Civil Rights is provided below.
DCR JURISDICTION
Q1. What is the jurisdiction of the New Jersey Division on Civil Rights regarding bullying
of students?
A. The New Jersey Division on Civil Rights (DCR) is the state agency charged with
enforcing the New Jersey Law Against Discrimination (known as the LAD),
N.J.S.A. 10:5-1 to -49.
Q2. Which schools are covered by the LAD?
A. The protections for students under the LAD do not apply to any school that is
operated or maintained by a bona fide religious or sectarian institution. Except
for those religious schools, all public schools, charter schools, private schools,
technical or vocational schools, colleges and universities are required to comply
with the LAD.
Q3. How does the LAD help to protect students against bullying?
A. The LAD is a state statute that prohibits bullying in most schools (see Q2) from
discriminating against students based on race, creed, color, national origin,
ancestry, nationality, sex, sexual orientation, gender identity or expression, and
disability. (As discussed below, although DCR is the state agency charged with
enforcement of the LAD, a student or parent may file a complaint directly with
the Superior Court of New Jersey, without first filing with DCR.)
“Discrimination” includes bullying that targets a student because of any of the
protected characteristics listed above. This is known as “bias-based bullying.”
The LAD requires covered schools to take appropriate action to prevent and
remediate harassment, intimidation and bullying that targets a student because of
his or her actual or perceived race, color, religion, national origin, ancestry,
nationality, sex, sexual orientation, gender identity or expression, or disability.
When schools do not take appropriate preventative and remedial action, they may
be held responsible for bias-based bullying committed by students, school
employees, volunteers and by those contracted service providers who have
significant contact with students.
49
Discrimination is based on a “perceived” protected characteristic when the
perpetrator believes that the victim is a member of a LAD-protected group or has
a LAD-protected characteristic, even if that belief is wrong. For example,
harassing a heterosexual student using derogatory words or phrases commonly
associated with homosexuality may constitute discrimination based on perceived
sexual orientation. Similarly, harassing a non-Muslim student using anti-Muslim
comments may constitute discrimination based on perceived creed or religion.
Q4. How does the LAD differ from the Anti-Bullying Bill of Rights Act?
A. The Anti-Bullying Bill of Rights Act addresses bullying that targets a student
because of race, color, religion, ancestry, national origin, gender, sexual
orientation, gender identity and expression, a mental physical or sensory
disability, or because of any other distinguishing characteristic. The LAD
prohibits harassment, intimidation or bullying that targets a student because of
race, color, religion, national origin, ancestry, nationality, sex, sexual orientation
gender identity or expression, or disability. The LAD does not cover
harassment, intimidation or bullying that targets a student because of any other
distinguishing characteristics.
Q5. Does the Anti-Bullying Bill of Rights Act change students’ protections or school
districts’ obligations under the LAD?
A. No. The LAD has prohibited certain types of bullying since long before the
legislature enacted the Anti-Bullying Bill of Rights Act, and the new law did not
amend or change the LAD.
The Anti-Bullying Bill of Rights Act clarifies some rights and responsibilities and
establishes new procedures. Following these procedures should make it easier to
effectively prevent and remediate bullying. However, merely following the new
procedures will not automatically insulate a school or school district from liability
under the LAD, if the administration fails to take appropriate actions that are
reasonably calculated to end the specific types of bias-based bullying taking
place.
Q7. What does the LAD require a school administration to do regarding bias-based
bullying?
A. When school staff or administrators know, or should know, that bias-based
bullying is happening, the administration must take actions reasonably calculated
to stop it.
The school or school district may be held liable under the LAD if the school
administration failed to take actions reasonably calculated to stop the bullying,
AND
The conduct was sufficiently severe or pervasive that a reasonable student of the
same age, maturity level and protected characteristic would find that the bias-
based bullying created an intimidating, hostile or offensive school environment.
50
Q8. Are people who report or complain about bias-based bullying in schools protected from
reprisal or retaliation?
A. Yes. The LAD prohibits reprisal or retaliation against anyone who reports or
complains about bias-based bullying. The LAD also prohibits reprisal or
retaliation against anyone who assists someone else in reporting or complaining
about bias-based bullying. Assisting someone else would include testifying at a
hearing,
This means that it would violate the LAD for a school administrator, teacher, coach, other
staff member or school board member to take away privileges or take any other
adverse or negative action against anyone - student or adult - because he or she
has complained about or reported bias-based bullying.
Q9. What can a student (or parent) do if he or she is being subjected to bias-based
bullying?
A. The student or parent should report the bias-based bullying to the school
administrators as soon as possible, and give them a reasonable opportunity to take
action to stop it. If more incidents of bias-based bullying occur after your first
report, you should report each new incident as soon as possible.
DCR SERVICES
The services provided by DCR regarding complaints of bias-based bullying are described below:
DCR accepts and files administrative complaints. If the school administration does not remedy
the situation within a reasonable amount of time after you have reported it, a student may file
a formal complaint against the school or school district to seek relief under the LAD. (If the
student is under age 18, the student’s parent may file the LAD complaint on behalf of the
student.)
• If the school administration has initiated an investigation under the Anti-Bullying Bill of
Rights Act, in most cases it would be reasonable to delay filing a formal LAD complaint until
after the school administrators have completed their investigation, and have reported the
results of that investigation to you and to the local board of education.
A student or parent has two options for filing a LAD complaint:
Filing an administrative complaint with the New Jersey Division on Civil Rights, or
Filing a complaint with the Superior Court of New Jersey. (If you choose to file your complaint
in Superior Court instead of filing with DCR, you should also mail a copy of your complaint
to DCR.) Additional information can be found in Chapter 4: Appealing Final Commissioner
of Education Decisions to the Appellate Division of the Superior Court.
In deciding whether to file a complaint with DCR or the Superior Court, you may wish to
consider factors such as the costs, and the procedures and remedies available in each forum.
There is no charge for filing a complaint with DCR, while the Superior Court charges filing fees.
A jury trial and the possibility of recovering punitive damages are only available in Superior
Court.
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If you choose to file an administrative complaint, you should contact the nearest office of the
Division on Civil Rights:
• Newark Regional Office: (973) 648-2700
• Trenton Regional Office: (609) 292-4605
• Camden Regional Office: (856) 614-2550
• Atlantic City Regional Office: (609) 441-3100
An intake investigator will speak with you to determine whether your situation states a claim
under the LAD. If it does, the DCR will prepare a complaint for you to sign, and it will be filed
and sent to the school or school district.
More information about filing complaints is available on the DCR Website, which can be found
at www.NJCivilRights.gov.
TIME FRAMES
Time frames for filing a complaint with the DCR or the Superior Court of New Jersey follow:
• If you choose to file a complaint with the DCR, it must be filed within 180 days of the most
recent act of bias-based bullying;
• If you choose to file a complaint with the Superior Court, it must be filed within 2 years of
the most recent act of bias-based bullying.
As noted above, if the school administration has initiated an investigation under the Anti-
Bullying Bill of Rights Act, in most cases you should delay filing a formal LAD complaint until
after the school administration has completed its investigation and reported the results of its
investigation to you and to the local board of education. That report would normally be issued
long before the end of the 180-day or 2-year limitations periods for filing a LAD complaint, but
if you are close to those deadlines and wish to file a LAD complaint, you should keep track of
the dates and make sure your complaint is filed before the deadline.
INVESTIGATION AND PROBABLE CAUSE DETERMINATION
The school or school district will file a written response to your complaint, and your complaint
will be assigned to a DCR investigator, who will conduct an investigation. During the
investigation, the investigator will gather information in a variety of ways, which may include
getting copies of written records and other documents, and interviewing you and other witnesses.
If the school administration has conducted an investigation under the Anti-Bullying Bill of Rights
Act, the investigator also will review available documents related to that investigation.
During the investigation, the investigator will often attempt to negotiate a settlement between
you and the school or school district, with the intent of amicably resolving your complaint
without the need for a formal hearing.
If no settlement can be agreed upon, DCR will review the evidence gathered in the investigation,
and will determine whether there is probable cause to support the allegations of your complaint.
52
If the investigation shows enough evidence to support your complaint, the Director of the
Division on Civil Rights will issue a written report called a Finding of Probable Cause, and then
a hearing on your complaint will be held in the Office of Administrative Law.
If, instead, the evidence gathered in the investigation shows that the school administration met its
obligations under the LAD or that no actionable BULLYING under the LAD occurred, the
Director of the Division on Civil Rights will issue a written report summarizing the evidence,
and will sign a Finding of No Probable Cause, which dismisses your complaint.
Finding of Probable Cause and Prosecution of the Complaint
In cases in which the DCR Director has issued a Finding of Probable Cause, a State attorney will
prosecute the complaint on behalf of the DCR, unless you choose to hire a your own attorney to
represent you at the hearing,
At the hearing, an Administrative Law Judge (ALJ) will hear testimony from you and/or other
witnesses and will review documents and other evidence presented in support of your complaint
and evidence submitted in support of the school or school district’s defenses. Based on the
evidence presented at the hearing, the ALJ will issue a written recommended decision.
Issuance of a Final Order on the Complaint
After receiving a copy of the ALJ’s recommended decision, both sides will have an opportunity
to submit written objections (called “exceptions”) to the Director of the DCR, who will make a
final decision on the complaint.
The Director of DCR will review the ALJ’s recommended decision and any exceptions
submitted by the parties, as well as the documents and other physical evidence the ALJ accepted
at the hearing. If the parties have provided all or part of a transcript of the OAL hearing, the
DCR Director also will review relevant portions of the hearing transcript. Based on all of the
evidence, the DCR Director will make a final decision on whether the evidence shows that the
school or school district failed to meet its obligations under the LAD, and if so the remedies that
should be ordered.
As remedies, the Director may order the school or school district to provide equitable relief (for
example, improving anti-bullying policies and procedures or providing staff training) and to pay
compensatory damages and your attorney’s fees. The Director also may order the school or
school district to pay monetary penalties to the State Treasury. Punitive damages are only
available in Superior Court actions.
APPEALING A DCR FINAL AGENCY DETERMINATION TO THE APPELLATE
DIVISION OF THE SUPERIOR COURT OF NEW JERSEY
Q.10. Which decisions of the DCR Director can be appealed?
A. A complainant may appeal a Finding of No Probable Cause. Either party may
appeal the Findings, Determination and Order (Final Order) issued by the DCR
Director after an OAL hearing.
53
Q11. What is the time frame for filing an appeal?
A. An appeal must be filed with the Appellate Division Clerk’s office within 45 days
of the date the party is served with the DCR Director’s Final Order or Finding of
No Probable Cause.
Q12. Will a State attorney be involved in an appeal?
A. If the school or school district files an appeal of the DCR Director’s Final Order, a
State attorney will represent DCR at the Appellate Division to the defend the
DCR Director’s Final Order.
If the complainant wishes to appeal all or part of the DCR Director’s Final Order
or Finding of No Probable Cause, he or she will need to retain his or her own
attorney to file and present the appeal, or the complainant may instead proceed
without an attorney (known as appearing “pro se”). When a complainant appeals
a Finding of No Probable Cause or a Final Order, a State attorney will defend the
DCR Director’s Finding of No Probable Cause or Final Order.
The New Jersey Judiciary’s website provides information and forms for
proceeding at the Appellate Division without an attorney:
http://www.judiciary.state.nj.us/prose/index.htm#appellate.
Additional information on the Appellate Division regarding appeals to final
Commissioner of Education decisions is provided in this publication in Chapter 5,
Appealing Final Commissioner of Education Decisions to the Appellate Division
of the Superior Court of New Jersey.
54
REFERENCES
1
www.stopbullying.gov
ii
www.insidehazing.com/definitions.php
iii
Labi, Nadya. "Let Bullies Beware." Time online, March 25, 2001.
iv
Modified from www.stopbullying.gov/parents/bully_proofing/index.html and the Center for
Safe School’s Pennsylvania Bullying Prevention Toolkit
v
www.stopbullying.gov
vi
www.stopbullying.gov
vii
2009 Gay, Lesbian and Straight Education Network (GLSEN)National School Climate Survey
viii
Brixval CS, Rayce SL, Rasmussen M, Holstein BE, Due P.
National Institute of Public Health, University of Southern Denmark, Copenhagen, Denmark.
ix
http://www.abilitypath.org
x
www.mychildsafety.net/signs-your-child-is-being-bullied.html
xi
www.stopbullying.gov
xii
www.stopbullying.gov
xiii
www.stopbullying.gov
xiv
www.stopbullying.gov
xv
www.stopbullying.gov
xvi
Pennsylvania Bullying Prevention Toolkit by the Center for Safe Schools and the Highmark
Foundation, 2012.
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