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