Transcript WHAT YOU NEED TO KNOW ABOUT THE NEW ANTI

WHAT YOU NEED TO KNOW ABOUT
THE NEW ANTI-BULLYING LAW
Caldwell College
May 20, 2011
Elizabeth Athos, Esq. , Education Law
Center
New Law for Prevention of HIB
• January 5, 2011 -- Anti-Bullying Bill of Rights Act signed
into law
• Act to take effect 2011-12 school year, with
Commissioner to take advance administrative action
necessary for implementation
• September 1, 2011 -- revised school district policies for
the prevention of harassment, intimidation or bullying
(HIB) due to executive county superintendent
• Intent of law to strengthen standards and procedures
for preventing, reporting, investigating and responding
to HIB of students in school and off school premises
Definition of HIB
• Any written, verbal or physical act or electronic communication
• Whether single incident of series of incidents
• Reasonably perceived as motivated by actual or perceived protected
characteristic or any other distinguishing characteristic
• Takes place on school property, function, or bus OR off school-grounds
• Substantially disrupts or interferes with orderly operation of school or
rights of other students AND
– Reasonable person should know will have effect of causing physical or
emotional harm (or reasonable fear of same) to student’s person or property
– Has effect of insulting or demeaning any student or group of students OR
– Creates hostile educational environment by interfering with student’s
education or by severely or pervasively causing physical or emotional harm to
student
Key New Features of Anti-Bullying Bill
of Rights
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Amendment of HIB policy components
Enhanced public reporting
Significant training requirements
Establishment of District Anti-Bullying Coordinator, School AntiBullying Specialist, and School Safety Team
Creation of timelines and procedures for reporting, investigation,
response, hearing, and appeal or state administrative complaint
Obligation to annually establish, implement, document and assess
school-wide bullying prevention program or approaches
Possibility of disciplinary action for school administrators’ failure to
comply
Establishment of Bullying Prevention Fund through which monies
can be collected and distributed for training grants
Public Reporting Requirements
• Data identifying number and nature of all reports of
HIB to be included in school district and school report
cards
• HIB added to violence and vandalism reporting
• Must include number of reports of HIB, status of all investigations,
nature of bullying based on protected categories, names of
investigators, type and nature of discipline imposed, other
measures imposed, training conducted or programs implemented
• 2 times per year at public hearing and to DOE
• Report used to grade each school and district
• Grades and report posted on school and district website
homepage within 10 days of receipt of grade
• Annual Commissioner report to Education Committees of Senate
and General Assembly available no later than October 1 and
posted on Department’s website
Training Requirements
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For each school board member, provided by NJ School Boards Association in
consultation with recognized experts
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For school employees and volunteers who have significant contact with students,
provided by school district
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Must include instruction on preventing bullying on basis of protected categories and other
distinguishing characteristics
For safe school resource officers and public school liaisons to law enforcement,
provided by Police Training Commission
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Must include school district’s responsibilities under Anti-Bullying law
Must include training in protection of students from HIB, including HIB that occurs electronically
For District Anti-Bullying Coordinators and School Anti-Bullying Specialists, inservice workshops and training programs available at regular intervals established
by Commissioner in consultation with recognized experts, with each school district
to provide time for in-service training
For school leaders, information on HIB prevention to be included in training
identified by Commissioner of Education in consultation with State Advisory
Committee on Professional Development for School Leaders
For office of executive county superintendent personnel responsible for
conducting investigations, provided by Commissioner
Pre-Certification Training
Requirements
• Satisfactory completion of program on HIB
required for:
• All candidates for teaching certification beginning
2012-13
• All seeking alternative route certification, within one
year of being employed, beginning 2011-2012
• All candidates for administrative and supervisory
certification beginning 2012-13
Additional training requirements
• At least two hours instruction on HIB in each professional development
period for each public school teacher
• Requirement for two hours instruction in suicide prevention in each
professional development period must now include information on
relationship between risk of suicide and incidents of HIB and on reducing
risk of suicide for those at high risk
• Ongoing staff training in fulfilling violence, vandalism and HIB reporting
requirements, provided by school districts in cooperation with
Department of Education
• Information regarding HIB policy incorporated into school employee
training program and provided to full- and part-time volunteers who have
significant contact with students and persons contracted to provide
services to students
• Professional development opportunities addressing effective practices of
successful school climate programs or approaches must be provided to
members of school safety team
Policy prohibiting HIB
• Every NJ school district required to adopt policy prohibiting HIB on school
property, at school-sponsored function or on school bus
• Adoption of policy must be through process that includes representation
of parents or guardians, school employees, volunteers, students,
administrators, and community representatives
• State law establishes minimum required components; otherwise allows
local control over contents, which can be more stringent
• DOE model policy should be used for guidance, but cannot be adopted as
district’s complete policy. Amended model policy is available at
http://www.state.nj.us/education/parents/bully.htm. DOE checklist for
adequacy of district policy is available at
http://www.state.nj.us/education/students/safety/behavior/hib/HIBComb
ined.pdf, Attachment 8.
• Policy must be annually re-evaluated, reassessed and reviewed
• Input from school anti-bullying specialists required
• Revised policy sent to executive county superintendent within 30 school days of revision
Essential Components of HIB Policy
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Statement prohibiting HIB of student
HIB definition
Description of expected behavior
Consequences and appropriate remedial action for person
who commits act of HIB
Procedure for reporting HIB
Procedure for investigation of HIB and reporting and appeal
of results
Range of ways school will respond to HIB – defined by
principal together with school anti-bullying specialist
Provisions for appropriate responses to HIB that occurs off
school grounds
Essential Components of HIB Policy
cont’d
• Statement prohibiting reprisal or retaliation against person reporting HIB
and consequence and appropriate remedial action for person who
engages in reprisal or retaliation
• Consequences and appropriate remedial action for person found to have
falsely accused another
• Statement of how policy is to be publicized
• Requirement that link to policy be prominently displayed on home page of
district’s website and distributed annually to parents and guardians
• Requirement that district anti-bullying coordinator contact information be
listed on home page of district website, on home page of each school’s
website, and on Department’s website
• Requirement that school anti-bullying specialist contact information be
listed on home page of each school’s website and on Department’s
website
• Contact information for both must consist of name, school phone number, school
address, and school email address
Other Statutory Requirements
District and Staff Obligations
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School district must develop process for discussing district’s HIB policy with
students
Principal in each school must appoint school anti-bullying specialist
Superintendent of schools must appoint district anti-bullying coordinator
School district shall form school safety team
Schools and school districts shall annually establish, implement, document, and
assess bullying prevention programs or approaches
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Must be designed to create school-wide conditions to prevent and address HIB
School district shall observe “Week of Respect” beginning first Monday in October,
by providing age-appropriate instruction focusing on preventing HIB
Throughout school year, school district shall provide ongoing age-appropriate
instruction on preventing HIB in accordance with CCCS
School district must provide notice of HIB policy in any publication that sets forth
comprehensive rules, procedures and standards of conduct and in any student
handbook
School district must post DOE/DCR guidance document on website at easily
accessible location
Other Statutory Requirements
DOE Obligations
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Commissioner must adopt amendments to model policy and subsequently update
model policy as necessary
Commissioner shall establish formal protocol for investigation by office of
executive county superintendent of schools of HIB complaints that have not been
addressed adequately on local level
DOE, in consultation with DCR, shall develop guidance document for use by
parents, guardians, students, and school districts in resolving HIB complaints and
post on websites
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Commissioner must evaluate effectiveness of consulting group (used to establish
in-service workshops and training programs) on annual basis
Commissioner, in consultation with DCR, shall develop an online tutorial on HIB
available on website
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Must include best practices for prevention, intervention, and remediation of HIB
Must be accompanied by test to assess understanding of information provided
DOE shall create and Commissioner shall administer “Bullying Prevention Fund”
used to offer grants to school districts to provide training on HIB prevention and
on effective creation of positive school climates
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Fund consists of any monies appropriated by State, donations, and all interest and investment
earnings
Still More Statutory Requirements
• Imposes obligation to report incidents of HIB on: board members;
school employees, contracted service providers; students; and
volunteers
• Triggered by having witnessed, or having obtained reliable information
regarding, student subjected to HIB
• Report must be made to school official designated by policy or any school
administrator or safe schools resource officer who must then immediately
initiate school district’s HIB procedures
• Board member or school employee who promptly reports is immune from
liability arising from failure to remedy reported incident
• Subjects school administrators to possible disciplinary action for
failure to initiate or conduct evaluation or to take sufficient action
to minimize or eliminate HIB
• Does not alter or reduce rights of students with disabilities
• Does not affect provisions of any collective bargaining agreement or
individual contract of employment in effect on Act’s effective date
School Anti-Bullying Specialist
• Appointed by principal from currently employed
school personnel
• First priority to school guidance counselor, school
psychologist or another individual similarly trained
• Primary school official responsible for preventing,
identifying, and addressing incidents of HIB in the
school
• Duties include chairing school safety team, and
leading investigations of incidents of HIB
• Must receive initial and ongoing training (at
regular intervals)
District Anti-Bullying Coordinator
• Appointed by Superintendent, who must make every effort
to appoint employee of school district
• Required to meet at least twice a school year with district’s
school anti-bullying specialists to discuss and strengthen
policies and procedures related to HIB
• Responsibilities include:
• Coordinating and strengthening district policies to prevent, identify
and address HIB
• Collaborating with school anti-bullying specialists, board of education,
and superintendent to prevent, identify and respond to HIB
• Providing data regarding HIB, in collaboration with superintendent, to
DOE
• Executing other duties related to HIB as requested by superintendent
School Safety Team
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Purpose is to develop, foster and maintain a positive school climate by focusing on
on-going systemic process and practices and to address school climate issues such
as HIB
Required to meet at least two times per school year; chaired by school antibullying specialist
Consists of principal or designee (if possible, senior administrator) and following
appointees of principal: teacher; school anti-bullying specialist; parent; and other
members determined by principal
Required to:
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Receive complaints of HIB of students reported to principal
Receive copies of reports of investigation of HIB
Identify and address patterns of HIB in school
Review and strengthen school climate and policies
Educate community
Participate in training
Collaborate with district anti-bullying coordinator
Execute other duties related to HIB as requested by principal or district anti-bullying coordinator
Parent member shall not participate in activities that may compromise
confidentiality of student (including first three bulleted activities)
Procedures for Reporting and
Investigating HIB
• Verbal report to school principal on same day school employee or
contracted service provider witnessed or received reliable
information regarding HIB
• Principal shall inform parents or guardians of all students involved
• Principal may discuss, as appropriate, availability of counseling and other
intervention services
• Written report within two school days
• Investigation initiated by principal or designee within one school
day of report of incident
• Conducted by school anti-bullying specialist
• Principal may appoint additional personnel to assist
• Investigation completed not later than 10 school days from date of
written report of incident
• School anti-bullying specialist may amend original report to reflect information
anticipated but not yet received by end of 10 day period
Procedures Upon Completion of HIB
Investigation
• Results of investigation reported to
superintendent within two school days of
completion
• Superintendent may take or recommend appropriate action,
including providing intervention services, establishing
training programs to reduce HIB or enhance school climate,
imposing discipline, and/or ordering counseling
• Results of investigation and action taken or
recommended by superintendent reported to
board of education no later than its next meeting
following completion of investigation
Procedures Upon Completion of HIB
Investigation, cont’d
• Information about investigation must be provided to parents or
guardians of students who are parties to investigation
• Must be in writing within 5 school days after reporting results to board
• Must include nature of investigation, whether district found evidence of HIB,
whether discipline was imposed or services provided to address HIB
• Parent or guardian may request hearing before board after
receiving information
• Board hearing must be held within 10 days of parental request
• Hearing to be conducted during executive session to protect confidentiality
• School anti-bullying specialist may testify about incident, recommendations
for discipline or services, and any programs instituted to reduce such incidents
• Board to issue written decision, affirming, rejecting or modifying
superintendent’s decision, at its next meeting following receipt or
report
Appeals and Alternate Procedures
• Parent or guardian may appeal board’s decision to
Commissioner of Education within 90 days of issuance of
board’s decision
• Parent or guardian may file formal written complaint for
investigation with county office of education when
complaint has not been adequately addressed at local level
• Parent, student, guardian, or organization may file
complaint with Division on Civil Rights within 180 days of
occurrence of HIB based on membership in group
protected under Law Against Discrimination
• Victim may pursue remedies under other civil or criminal
laws
Range of Ways School Responds to HIB
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Range of way school responds to identified HIB is to be defined by principal, in conjunction with
school anti-bullying specialist
Must include appropriate combination of counseling, support services, intervention services, and
other programs, as defined by Commissioner
Individual, classroom, school, and/or district-wide responses
Consequences and appropriate remedial actions that range from positive behavioral interventions
to suspension or expulsion (as permitted by discipline laws)
Support for victims of HIB required
Mediation is inappropriate strategy to address HIB
Systemic HIB measures, as appropriate
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For example, adoption of research-based, systemic bullying prevention program, staff training, disciplinary action for
school staff who contributed to problem, schedule or traffic pattern adjustments, targeted use of monitors, etc.
See DOE Model Policy and Guidance, Part 4, Sections 4 and 7, available at
http://www.state.nj.us/education/parents/bully.htm
See DOE HIB Complaint Procedures and Investigation Protocols, Attachment 6, available at
http://www.state.nj.us/education/students/safety/behavior/hib/HIBCombined.pdf
Applicability to Other Educational
Institutions
• Public institutions of higher education
required to adopt policy prohibiting HIB
• Policy must be included in student code of conduct,
distributed by email to each student within 7 days of
start of semester, and posted on website
• Nonpublic schools encouraged to comply with
provisions of Anti-Bullying Bill of Rights Act
• No provision of Act shall be interpreted as prohibiting
or abridging the legitimate expression of beliefs by
those at a faith-based nonpublic school