NEW JERSEY SCHOOL BOARDS ASSOCIATION OCTOBER 23, 2012

The Anti-Bullying Bill of Rights Act: YEAR TWO

Philip E. Stern, Esq. Adams Stern Gutierrez & Lattiboudere, LLC 1037 Raymond Blvd., Suite 900 Newark, New Jersey 07102 (973) 735-2742

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Legislative Intent

To establish clearer standards on what constitutes harassment, intimidation, and bullying, and clearer standards on how to prevent, report, investigate, and respond to incidents of harassment, intimidation, and bullying;
Reduce the risk of suicide among students and avert not only the needless loss of a young life, but also the tragedy that such loss represents to the students family and the community at large.

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DEFINITION OF HARASSMENT, INTIMIDATION AND BULLYING:

"Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, or any electronic communication 1, whether it be a single incident or a series of incidents,1 that is reasonably perceived as being motivated either by any 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, that takes place on school property, at any school-sponsored function,1 on a school bus 1, or off school grounds as provided for in section 16 of P.L. , c. (C. ) that substantially disrupts or interferes with the orderly operation of the school or the rights of other students1 and that: a. 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; b. has the effect of insulting or demeaning any student or group of students 1;1or1 c. creates a hostile 1educational1 environment for the student 1 d. by interfering with a students education or by severely or pervasively causing physical or emotional harm to the student1.

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18A:6-112 Suicide Prevention

The instruction in suicide prevention shall include information on the relationship between the risk of suicide and incidents of harassment, intimidation, and bullying and information on reducing the risk of suicide in students who are members of communities identified as having members at high risk of suicide.
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Timeline for Investigating and Reporting HIB

School Day 1:
HIB occurs and/or employee learns of HIB. Verbal report to be made to principal. Principal must inform parents/guardians of all students involved. By School Day 2: Principal must initiate investigation by AntiBullying Specialist within one school day of report; may appoint others to assist.

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Timeline for Investigating and Reporting HIB, continued

By School Day 3:

Written report to principal to be made within 2 days of when employee witnessed or received reliable information that a student experienced HIB. By School Day 11: Investigation complete (by 10 school days from written report)

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Timeline for Investigating and Reporting HIB, continued

By School Day 13:

Results of investigation must be given to superintendent within 2 school days of completing investigation. Superintendent may decide to take action (e.g., intervention services, training, discipline, counseling, etc.). Report to Board:

Superintendent must report to Board at next board meeting following completion of investigation.

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STUDENTS WITH DISABILITIES

(New section) Nothing contained in the Anti-Bullying Bill of Rights Act, P.L.2002, c.83 (C.18A:37-13 et seq.), as amended and supplemented by P.L. , shall alter or reduce the rights of a student with a disability with regard to disciplinary actions or to general or special educational services and supports.1
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130.

HIB TODAYStar Ledger, October 3, 2012

Report reveals extent of bullying Accusations soar in wake of new law By Jessica Calefati and Jeanette Rundquist Star-Ledger Staff New Jersey public school students endured 12,024 instances of bullying, harassment and intimidation last school year, according to a report released yesterday by the Department of Education that offers the most detailed portrait to date of how and why students are tormented in the classroom. Driven by the requirements of a tough new anti-bullying law, the number of incidents reported during the 2011-12 school year increased fourfold over the previous year. Under the new law, students can report bullying anonymously and districts are required to document and investigate every accusation.
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HIB TODAY

The new statistics also paint a picture of which students were targeted most frequently. Nearly 10 percent of victims reported taunting because of their gender. In 8.4 percent of incidents, students were bullied because of their race, and in 9.4 percent of the cases, the harassment was because of a students mental or physical disability, the report said. Long Branch Superintendent Michael Salvatore said he was not surprised by the increase in incidents and said he thought the total would be higher. I dont think theres more bullying happening now. I think people are educated on what bullying actually is, Salvatore said. Things that may have been classified as conflict or teasing before are now being qualified as bullying. According to the report, there were 123 reported incidents in Salvatores district, which has about 5,300 students. More than 200 accusations were investigated, he said.
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HIB TODAY

The incidents, Salvatore said, ranged from one student glaring at another to aggressive altercations and social media harassment. (The law) forces everyone to say, What services are we going to provide to the victim? as opposed to just providing consequences to the aggressor, he said. Elsewhere, Elizabeth and Woodbridge each reported 177 incidents the highest totals in the state. There were 113 incidents in Mount Olive, and 130 in Phillipsburg. Just 10 incidents were reported in Perth Amboy, the lowest number among the states largest districts. Bullying is most pervasive in the states middle schools, according to the report. Half the 13,101 bullies last school year were in grades 5 to 8, though students in those grades account for just 30 percent of the public school population. More than 70 percent of the students targeted reported feeling insulted or demeaned by their peers, the report said. Nearly 30 percent reported fearing physical or emotional harm or that their property might be damaged, it said. One third of the bullies told school officials they knew their actions would physically or emotionally cause harm to the victim and one quarter of the verbal, emotional and physical attacks disrupted the victims education, according to the report.
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HIB TODAY
Education Commissioner Christopher Cerf said the data represent a new baseline for understanding the extent and nature of bullying, harassment and intimidation in the states public schools. We are committed to being as transparent as possible about circumstances that impact the health and safety of our students, Cerf said in a statement. This report provides important information to districts, schools, parents and the public about the areas where programs and policies are having a positive impact, or where more support may be needed. There have been a number of high-profile bullying incidents in New Jersey over the past few years In 2010, Rutgers University freshman Tyler Clementi committed suicide after learning his roommate used a web cam to view him in an intimate encounter with a man. This year, a 16-year-old Morristown High School student committed suicide after relentless bullying by a group of his peers. Steven Goldstein, chairman of the gay-rights group Garden State Equality, which advocated for a stringent state anti-bullying law, called the statistics prime evidence that the states antibullying law is working. Jonathan Seltzer of East Brunswick said he was bullied beginning on the second day of school last year. He reported the incidents to school officials and was found to be a victim. The new law, he said, did help me a lot. It gave me the control and ability to start speaking out. It gave me a right to let my voice be heard, said Jonathan, who is 12 and a seventh-grader at Hammarskjold Middle School. This year, Jonathan is running for student council president, because I want to try to make sure my school is a safe place, he said. And I want the bullies to know they cant stop me.
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THE NEW WAVE..

ALLEGATIONS
TEACHERS ADMINISTRATORS BOARD

AGAINST

MEMBERS ALL STAFF

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IN THE PIPELINE

1. Expungement 2. Failure to Act 3. Process 4. Cyber Issues

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THANK YOU!!!!!

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