Transcript Bullying involving students with Special Needs
Bullying Of and By the Student with Special Needs
New Jersey
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s Anti-Bullying Bill of Rights Act Lehigh University
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s 41 st Special Education Law Conference May 10, 2013 Michael F. Kaelber, Esq. - NJSBA New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act P.L. 2010, Chapter 122 Approved January 5, 2011, Effective 9/1/2011 Amending P.L. 2002, Chapter 83 P.L. 2007, Chapter 129 P.L. 2007, Chapter 303 Amended by P.L 2012, Chapter 1 3/26/12 N.J.S.A. 18A:37-13 et. seq.
New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act May 10, 2013 From the School Board and Employee Perspective … What Have We Done? Where Are We Now? New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation
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Adopted Revised Policy Enhanced HIB Reporting Required Prompt Investigation Process Enhanced Board of Education Role Reporting, Training, Communication Personnel, Programs, Services School District Accountability New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation FEAR New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation
Phase I
Awareness and Compliance
Phase II
What
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s Next and Beyond?
Bill Parcells New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation Violence and Vandalism in the Schools Report 2011-2012
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Total Number of Incidents Reported
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2010-2011 – 17,386 2011-2012 – 26,139
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Number of HIB Investigations – 35,552
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Number of confirmed HIB incidents – 12,024
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Mental, Physical or Sensory Disability – 9.4% New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Task Force Interim Report – 1/26/13
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Focus Groups and Surveys of anti-bullying specialists and coordinators
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Clarification on definition; overreporting
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Better training on roles of anti-bullying personnel
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Greater flexibility with investigations; principal New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law
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L.B.T. o/b/o K.T. v. Board of Education of the Freehold Regional School District – 3/7/13
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W.C.L. and A.L. o/b/o L.L. v. Board of Education of the Borough of Tenafly – 1/10/13
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J.M.C. o/b/o A.C. v. Board of Education of the Township of East Brunswick – 1/9/13 New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law
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L.H. and M.H. o/b/o J.H. v. Deerfield Township Board of Education – 10/12/12
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C.P. o/b/o D.V. v. Fair Lawn Board of Education – 8/21/12
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F.F. and L.F. o/b/o N.F. v. Matawan-Aberdeen Board of Education and Matawan-Aberdeen Board of Education v. F.F. and L.F. o/b/o N.F. – 7/26/12 New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law
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In the Matter of the Tenure Hearing of Steven E. Roth – 6/25/12
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J.K. o/b/o P.B. v. Board of Education of the Township of Springfield – 2/9/12
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L.T. and L.T. o/b/o K.T. v. Neptune Township Bd. of Ed – 3/1/12 New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law
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K.L. v. Evesham Twp. Bd. of Ed., A-1771-10T3, 12/12/11
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Howell Township Board of Education v. J.D. and T.D. o/b/o A.D., 3/17/11
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F.J. o/b/o A.J. v. Fairfield Township Board of Education, 7/12/10 New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law
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H.S. and N.S. o/b/o A.S. v. Moorestown Township Board of Education, 3/20/08
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L.S. o/b/o C.S. v. Central Jersey Arts Community School Board of Education, 10/11/07
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Shore Regional High School v. P.S. o/b/o P.N., 381 F.3d 194 (3d Cir. 2004) New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Harassment, Intimidation and Bullying Frequently Asked Questions
What is the Board of Education
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s Policy Role in HIB?
Review, Revise, Improve New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Harassment, Intimidation and Bullying Frequently Asked Questions
How Does a School District Pay for the Increased Costs to Implement its Enhanced HIB Program?
Bullying Prevention Fund Commissioner Request New Jersey School Boards Association – Serving Local Boards of Education Since 1914
NJSBA/NJASA/NJASBO HIB Survey $2.2 million total cost
among 206 respondents • • • • Professional development, $451,292 (avg. $3,959) Materials and software, $444,319 (avg. $4,534) Programs and initiatives, $223,029 (avg. $3,431)
Personnel , $1,084,065 (avg. $25,211) New Jersey School Boards Association – Serving Local Boards of Education Since 1914
NJSBA/NJASA/NJASBO HIB Survey Personnel costs
(most frequently cited): •
39%
— Increased compensation for
existing staff
member designated as
Anti-Bullying Coordinator
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32%
— Increased compensation for
Anti Bullying Specialists
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20% —
Increased compensation for
other personnel
who took on coordinator ’ s or specialist ’ s previous duties
15%
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Hired new staff member as coordinator
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New Jersey School Boards Association – Serving Local Boards of Education Since 1914
Anti-Bullying Bill of Rights Act
In Re Allamuchy Twp.
http://www.state.nj.us/localmandates/p ending/Allamuchy.html
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What is the Council on Local Mandates Decision?
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What does it mean for school districts? For anti-bullying efforts?
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P.L. 2012 c. 1 – Did it eliminate the issue? New Jersey School Boards Association – Serving Local Boards of Education Since 1914