New Jersey (NJ) Model Bullying Policy

Below is the model bullying policy made available by the New Jersey State Department of Education for school districts within New Jersey to use when crafting their own bullying and cyberbullying policies. Each state’s policies vary when it comes to how they: define bullying, harassment, threats, intimidation, and violence; expect reporting and investigating to be carried out, specify response strategies, define penalties, and prescribe certain types of prevention programs and practices.

We recommend that you review and consider updating your own bullying policy on an annual basis with input from educators, administrators, counselors, mental health professionals, parents, and students themselves. That will optimize the likelihood that the policy you implement achieves its goals.

Last Updated: August 7, 2019

URL of Source: http://www.state.nj.us/education/parents/bully.htm

MODEL POLICY AND GUIDANCE FOR PROHIBITING HARASSMENT, INTIMIDATION AND BULLYING ON SCHOOL PROPERTY, AT SCHOOL-SPONSORED FUNCTIONS AND ON SCHOOL BUSES (Revised April 2011)

INTRODUCTION

This document is designed to provide guidance to local district boards of education in the development, establishment and implementation of policies, procedures and programs for the prevention, intervention and remediation of harassment, intimidation and bullying (HIB) behavior in schools, in accordance with P.L.2010, Chapter 122. The document is divided into five discrete parts, as described below:

Part 1: Background includes information on the legal context and key points for HIB policies and procedures.

Part 2: Use of the Model Policy and Guidance includes an explanation of this document and guidance for appropriate uses of the document.

Part 3: Guidance and Requirements for Local Policy and Program Development provides general guidance and summarizes the basic requirements for the development of HIB policies and procedures, including the minimum components of the policies and procedures and issues for consideration, and a summary of statutory requirements other than for the development of policy and procedures.

Part 4: Model Policy Development: Issues for Consideration, Sample Policy Language and Requirements contains 10 specific sections, each providing statutory requirements, sample or suggested model policy language, where appropriate, and issues for district boards of education to consider in the development of their locally determined HIB policies and procedures.

Part 5: Resources on HIB lists books, programs, articles and Web sites of interest pertaining to HIB.

PART 1 BACKGROUND

On January 5, 2011, Governor Chris Christie signed into law P.L.2010, Chapter 122, an act concerning HIB in school settings that amended various parts of the statutory law. In particular for school policies and procedures, the act amended N.J.S.A. 18A:37-13 et seq., which include the requirements for the prevention and intervention of HIB on and off school grounds*, at school-sponsored functions and on school buses.

To assist each district board of education in revising its HIB policy to comply with the new statute, the amended legislation required the Commissioner of Education to revise the New Jersey Department of Education’s (NJDOE) model HIB policy applicable to grades kindergarten through twelve (K-12). Therefore, this document includes revisions to the model policy originally published in September 2003, revised in April 2006, April 2007 and November 2008, and includes appropriate references to statutes and emergent information on HIB.

Under N.J.S.A. 18A:37-15, each district board of education continues to be granted local control over the contents of the HIB policy, but, at a minimum, the components listed in the amended statute must be included in the school district’s policies and procedures prohibiting HIB. Additionally, district policy must continue to conform to all applicable case law and statutes, including Saxe v State College Area School Dist., 240 F. 3d 200 (3d Cir. 2001); Davis v. Monroe County Board of Education, 526 U.S. 629 (1999); L.W. v. Toms River Reg’l Schs. Bd. of Educ., SUPREME COURT OF NEW JERSEY, 189 N.J. 381; 915 A.2d 535; 2007 N.J. LEXIS 184, November 13, 2006, Argued, February 21, 2007, Decided; N.J.S.A. 2C:33-4, Harassment; N.J.S.A. 10:5-1 et seq., Law Against Discrimination; N.J.S.A. 18A:36-20, Discrimination; prohibition; N.J.S.A. 18A:38-5.1, No child to be excluded from school because of race, etc. Additional resources are identified at the end of this document.

It is important to note that the amended law supplements the provisions under the previous HIB statute, with the exception of the following changes:

HIB Off School Grounds – The HIB definition and the HIB policies and procedures must address incidents that occur off school grounds when they substantially disrupt or interfere with the orderly operation of the school or the rights of other students.
HIB Investigation – An HIB investigation, previously required to be conducted by the principal or the principal’s designee, is to be initiated by the principal or the principal’s designee but conducted by the school anti-bullying specialist, who is appointed by the principal.
Range of Responses to HIB – Rather than being established by the district board of education, the principal, in consultation with the school anti-bullying specialist, is responsible for identifying the range of ways in which a school will respond once an HIB incident is identified.
All Acts of HIB – The HIB definition clarifies that the HIB policies and procedures apply to a single incident or a series of incidents.

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* The term “school grounds,” pursuant to N.J.A.C. 6A:16-1.3, means and includes land, portions of land, structures, buildings, and vehicles, when used for the provision of academic or extracurricular programs sponsored by the school district or community provider and structures that support these buildings, such as school district wastewater treatment facilities, generating facilities, and other central service facilities including, but not limited to, kitchens and maintenance shops. School property also includes other facilities as defined in N.J.A.C. 6A:26-1.2, playgrounds, and recreational places owned by local municipalities, private entities or other individuals during those times when the school district has exclusive use of a portion of such land. ___________________________________

PART 2 USE OF THE MODEL POLICY AND GUIDANCE

Careful consideration of all issues must inform the final policy and practices of the school district. Part 3 provides a description of the policy contents and a description of the requirements of the new law, including policy and program development, staffing and training.

The model policy language in Part 4 of this document provides only general points for the district board of education’s policy, rather than all-inclusive policy language that addresses local values, issues and priorities. As a result of the local consultation requirements and the impracticality of anticipating the divergent and changing values, needs, priorities and practices of each school district in New Jersey, this document is presented as a summary guide and model, and is not a complete and final policy to be adopted by the district board of education.

The information provided in sections 1-10 of Part 4 includes an explanation of the following:

The statutory provisions that district policies and procedures must include;
Suggested or sample model policy language, where appropriate; and
Issues for the district to consider in developing policies and procedures that fit its own unique situation and that are consistent with existing district board of education policies.

Nothing in the model policy language or in the legislation and regulations is meant to preclude a school district from including additional provisions, or from using language and formats that are consistent with the district board of education’s approved policies and procedures.

Part 5 contains information on resources regarding HIB.

PART 3 GUIDANCE AND REQUIREMENTS FOR LOCAL POLICY AND PROGRAM DEVELOPMENT

Policy Context

The NJDOE recognizes that decisions about consequences and actions to be taken in response to violations of policies prohibiting HIB should take into consideration the unique circumstances of the acts and the persons involved, as well as the unique conditions in and characteristics of each school district. Each district board of education’s policy, however, must comport with existing school district policies, including those that address the provisions of N.J.A.C. 6A:16, Programs to Support Student Development, in general, and N.J.A.C. 6A:16-7.1, Code of student conduct, in particular, as well as the provisions of the district’s Memorandum of Agreement Between Education and Law Enforcement Officials, pursuant to N.J.A.C. 6A:16-6, Law Enforcement Operations for Substances, Weapons, and Safety and related district performance review indicators in the New Jersey Quality Single Accountability Continuum, per N.J.A.C. 6A:30.

Once school district officials have clearly articulated the preferred behaviors for all students in grades K-12, staff members should be trained in skills and strategies for developing student self- discipline and to apply best practices for positive behavioral interventions. It is important to use the policy as an opportunity for preparing staff to effectively intervene with instances of HIB. It is equally important to use the policy as a prevention tool, by explaining to students the school district’s expectations for their behavior and teaching skills and providing sufficient support for students to fulfill the behavioral expectations, consistent with the provisions of the district board of education’s code of student conduct, including HIB and N.J.A.C. 6A:16-7.1, Code of student conduct. For students to demonstrate preferred behaviors, it is important that they have a clear understanding of the school district’s expectations under the policy, the reasons for and benefits of the policy, the consequences for violations of the policy, as well as have opportunities to learn preferred behaviors, both before and after the advent of conduct problems.

It is through explanation, dialogue and skill building among students and staff that the school district can clearly distinguish, for example, “friendly teasing” and “rough and tumble play” from HIB. It also is through discussion that the school district can help students and staff discern between “telling” or responsible “reporting” (which is intended to keep someone from getting hurt) of acts of HIB from “ratting” or “tattling.” The school district is encouraged to use experiential learning techniques, such as role play situations and other demonstration and modeling strategies in its information activities for students and staff designed to prevent and remediate problem behaviors. The preferred pro-social behaviors are most likely to be successfully adopted when school officials engage in data-driven practices for improving school culture and climate and when all school staff members are committed to consistently modeling preferred behaviors and engaging students, colleagues and community members in evidence- based educational practices.

Local Policy Development

The following descriptions of applicable requirements make it clear that the content and format of local policies and procedures must be developed locally and not be adopted based solely on the model policy language provided:

Each district board of education must develop its HIB policy through a process that includes representation of parents** and other community members, school employees, school volunteers, students and school administrators, in accordance with N.J.S.A. 18A:37-15(a), and the policy must be consistent with the provisions of N.J.A.C. 6A:16-7, Student Conduct, as appropriate.
Each district board of education’s code of student conduct must include a policy and procedures regarding HIB, and must be based on parent, student and community involvement which represents the composition of the schools and communities, pursuant to N.J.A.C. 6A:16-7.1(a)1.
The code of student conduct, which must include the HIB policy, must be based on locally determined and accepted core ethical values adopted by the district board of education, pursuant to N.J.A.C. 6A:16-7.1(a)2.

The HIB policy must be annually re-evaluated, including input from the school anti-bullying specialist, and revised, as necessary, pursuant to N.J.S.A. 18A:37-15(c).
The code of student conduct, which must include the HIB policy, must be reviewed annually and updated, as appropriate, pursuant to N.J.A.C. 6A:16-7.1(a)3.

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**The term “parent,” pursuant to N.J.A.C. 6A:16-1.3, means the natural parent(s) or adoptive parent(s), legal

guardian(s), foster parent(s) or parent surrogate(s) of a student. Where parents are separated or divorced, “parent” means the person or agency which has legal custody of the student, as well as the natural or adoptive parent(s) of the student, provided such parental rights have not been terminated by a court of appropriate jurisdiction. ____________________________

Requirements for Policy Contents

Below is a summary of the required policy content fully described in Part 4. The statutory requirements are quoted in Part 4. Each district board of education has local control over the content of the HIB policy, except that the policy must contain, at a minimum, the following components, as set forth in N.J.S.A. 18A:37-15:

HIB Prohibition

– A statement prohibiting HIB of a student. HIB Definition

– A definition of HIB no less inclusive than the statutory definition. Student Expectations

– A description of the type of behavior expected from each student. Consequences and Remediation

– Consequences and appropriate remedial action for a person (not only a student) who commits an act of HIB. HIB Off School Grounds

– Provisions for appropriate responses to HIB that occurs off school grounds, in cases in which a school employee is made aware of such actions. N.J.S.A. 18A:37-15.3. o The responses to HIB that occurs off school grounds shall be consistent with the board of

education’s code of student conduct and other provisions of the board’s HIB policy.

HIB Reporting

– A procedure for reporting an act of HIB. HIB Investigations

– A procedure for prompt investigation of reports of violations and complaints. Range of Responses

– The range of ways in which a school will respond once an incident of HIB is identified, which must be defined by the principal in conjunction with the school anti- bullying specialist. o The responses must include an appropriate combination of counseling, support services, intervention services and other programs, as defined by the Commissioner of Education.

Reprisal or Retaliation

– A statement that prohibits reprisal or retaliation against any person who reports an act of HIB, including the consequence and appropriate remedial action for a person who engages in reprisal or retaliation. Consequences and Remedial Action

– Consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of HIB. Publication

– A statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions and on school buses. Web site Link – A requirement that a link to the HIB policy be prominently posted o the home page of the school district’s Website.

– • Policy Dissemination

A requirement that the HIB policy be distributed annually to parents who have children in a school in the school district.

District Anti-Bullying Coordinator Contact Information

– A requirement that the name, school phone number, school address and school email address of the district anti-bullying coordinator be listed on the home page of the school district’s Website.

School Anti-Bullying Specialist Contact Information – A requirement that the name, school phone number, school address and school email address of the school anti-bullying specialist and the district anti-bullying coordinator be listed on the home page of the school’s Website.

Other Requirements

School district requirements regarding HIB that are in addition to, but related to the requirements for the locally developed policy described above are provided below:

HIB Policy Expansion – The school district may, but is not required to adopt an HIB policy that includes components that are more stringent than the components set forth in N.J.S.A. 18A:37-15. N.J.S.A. 18A:37-15(f).
Annual HIB Policy Review – The school district must annually conduct a re-evaluation, reassessment, and review of its HIB policy, making any necessary revisions and additions. The board of education must include input from the school anti-bullying specialist(s) in conducting its re-evaluation, reassessment, and review. N.J.S.A. 18A:37-15(c). o The district must transmit a copy of the revised policy to the appropriate executive county

superintendent of schools within 30 school days of the revision. o The first revised policy following the effective date of P.L.2010, c.122 (C.18A:37-13.1 et

al.) must be transmitted to the executive county superintendent of schools by September 1, 2011. N.J.S.A. 18A:37-15(c) and 15.1(a).

Publication of HIB Policy – Notice of the district board of education’s HIB policy must appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of student conduct, pursuant to N.J.A.C. 6A:16-7, for schools within the school district, and in any student handbook. N.J.S.A. 18A:37-15(e) and 15.1(a).
Student HIB Policy Discussion – The school district must develop a process for discussing the district’s HIB policy with students. N.J.S.A. 18A:37-17(b).
Website Notification – The school district must notify students and parents that the policy is available on the school district’s Website. N.J.S.A. 18A:37-15.2;
Requirement to Report HIB and Initiate HIB Procedures – A member of a board of education, school employee, contracted service provider, student or volunteer who has witnessed, or has reliable information that a student has been subject to HIB must report the incident to the appropriate school official designated by the school district’s policy, or to any school administrator or safe schools resource officer, who must immediately initiate the school district’s procedures concerning school HIB. N.J.S.A. 18A:37-16(b).
Administrator Discipline – A school administrator who receives a report of HIB from a district employee, and fails to initiate or conduct an investigation, or who should have known of an incident of HIB and fails to take sufficient action to minimize or eliminate the HIB, may be subject to disciplinary action. N.J.S.A. 18A:37-16(d).
Reprisal Prohibition – A member of a board of education, school employee, student or volunteer is prohibited from engaging in reprisal, retaliation or false accusation against a victim, witness or one with reliable information about an act of HIB. N.J.S.A. 18A:37-16(a).

Immunity – A member of a board of education or a school employee who promptly reports an incident of HIB, to the appropriate school official designated by the school district’s policy, or to any school administrator or safe schools resource officer, and who makes this report in compliance with the procedures in the district’s policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident. N.J.S.A. 18A:37-16(c).
Legal Redress – The HIB law does not prevent a victim from seeking redress under any other available law, either civil or criminal, nor does it create or alter any tort liability. N.J.S.A. 18A:37-18.
HIB Programs – Schools and school districts must annually establish, implement, document and assess HIB prevention programs or approaches, and other initiatives in consultation with school staff, students, administrators, volunteers, parents, law enforcement and community members. N.J.S.A. 18A:37-17(a). o The programs or approaches must be designed to create school-wide conditions to

prevent and address HIB.

Ongoing Instruction – Throughout the school year the school district must provide ongoing age-appropriate instruction on preventing HIB, in accordance with the Core Curriculum Content Standards, pursuant to N.J.A.C. 6A:8. N.J.S.A. 18A:37-29.
HIB Training – The school district must provide training on the school district’s HIB policy. N.J.S.A. 18A:37-17(b) and (c) o The training must be provided to school employees and volunteers who have significant

contact with students.

▪ The training must include instruction on preventing bullying on the basis of the protected categories enumerated in N.J.S.A. 18A:37-14 and other distinguishing characteristics that may incite incidents of discrimination or HIB. o Information regarding the school district’s HIB policy must be incorporated into the

school’s employee training program and must be provided to full-time and part-time staff, volunteers who have significant contact with students, and those persons contracted by the district to provide services to students.

Ongoing Professional Development – School teachers must complete at least two hours of instruction on HIB prevention in each professional development period, as part of the professional development requirement pursuant to N.J.A.C. 6A:9-15. N.J.S.A. 18A:37-22(d).
District Anti-bullying Coordinator – The CSA must appoint a district anti-bullying coordinator. o The CSA must make every effort to appoint an employee of the school district to this

position. o The responsibilities of the district anti-bullying coordinator are as follows:

▪ Coordinate and strengthen the school district’s policies to prevent, identify, and address HIB of students.

▪ Collaborate with school anti-bullying specialists in the district, the board of education, and the CSA to prevent, identify and respond to HIB of students in the district.

▪ Provide data, in collaboration with the CSA, to the NJDOE regarding HIB of students.

▪ Execute such other duties related to school HIB as requested by the CSA.

▪ Meet at least twice a school year with the school anti-bullying specialists in the district to discuss and strengthen procedures and policies to prevent, identify, and address HIB in the district.

School Anti-bullying Specialist – The principal in each school in a school district must appoint a school anti-bullying specialist. N.J.S.A. 18A:37-20(a). o When a school guidance counselor, school psychologist, or another individual

similarly trained is currently employed in the school, the principal must appoint that individual to be the school anti-bullying specialist. o If no individual meeting these criteria is currently employed in the school, the principal must appoint a school anti-bullying specialist from currently employed school personnel. o The responsibilities of the school anti-bullying specialist are as follows:

▪ Chair the school safety team as provided in N.J.S.A. 18A:37-21.

▪ Lead the investigation of incidents of HIB in the school.

▪ Act as the primary school official responsible for preventing, identifying, and addressing incidents of HIB in the school.

District Anti-Bullying Coordinator and School Anti-bullying Specialist Training – The district board of education must provide time for appropriate personnel performing the functions of the district anti-bullying coordinator and the school anti-bullying specialist to participate in the in-service training developed by the NJDOE. N.J.S.A. 18A:37-26(a).
School Safety Teams – The school district must form a school safety team in each school in the district to develop, foster, and maintain a positive school climate by focusing on the on- going, systemic process and practices in the school and to address school climate issues such as HIB. N.J.S.A. 18A:37-21. o The school safety team must consist of the principal or his designee who, if possible,

shall be a senior administrator in the school and the following appointees of the principal: a teacher in the school, a school anti-bullying specialist, a parent of a student in the school and other members to be determined by the principal.

▪ The members of a school safety team must be provided professional development opportunities that address effective practices of successful school climate programs or approaches.

▪ A parent who is a member of the school safety team is not permitted to participate in the following activities of the school safety team – ⋅ Receive complaints of HIB of students that have been reported to the principal. ⋅ Receive copies of reports prepared after an investigation of an HIB incident. ⋅ Identify and address patterns of HIB of students in the school. ⋅ Any other activities of the team which may compromise the confidentiality of a

student. o The school anti-bullying specialist must serve as the chair of the school safety team. o The school safety team must meet at least two times per school year. o The responsibilities of the school safety team are as follows –

▪ Receive any complaints of HIB of students that have been reported to the principal.

▪ Receive copies of any report prepared after an investigation of an incident of HIB.

▪ Identify and intervene with patterns of HIB of students in the school.

▪ Review and strengthen school climate and the policies of the school in order to prevent and intervene with HIB of students.

▪ Educate the community, including students, teachers, administrative staff, and parents, to prevent and intervene with HIB of students.

▪ Participate in the required HIB training required and other training which the principal or the district anti-bullying coordinator may request.

▪ Collaborate with the district anti-bullying coordinator in the collection of district- wide data and in the development of district policies to prevent and address HIB of students.

▪ Execute such other duties related to HIB as requested by the principal or district anti- bullying coordinator.

Week of Respect – The school district must annually observe a “Week of Respect,” beginning with the first Monday in October. N.J.S.A. 18A:37-29. o In order to recognize the importance of character education, school districts must observe

the week by providing age-appropriate instruction focusing on the prevention of HIB, as defined in N.J.S.A. 18A:37-14.

Collective Bargaining Agreements and Individual Contracts – Nothing in N.J.S.A. 18A:37- 13.1 et seq. may be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on the act’s effective date (January 5, 2011). N.J.S.A. 18A:37-30.
Students with Disabilities – Nothing contained in N.J.S.A. 18A:37-13.1 et seq. may 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. N.J.S.A. 18A:37-32.

PART 4 MODEL POLICY DEVELOPMENT: ISSUES FOR CONSIDERATION, SAMPLE POLICY LANGUAGE AND REQUIREMENTS

Section 1

Statutory Requirement: The policy shall contain a statement prohibiting harassment, intimidation or bullying of a student. N.J.S.A. 18A:37-15(b)(1)

Minimum Model Policy Language The district board of education prohibits acts of harassment, intimidation or bullying of a student. The district board of education has determined that a safe and civil environment in school is necessary for students to learn and achieve high academic standards; harassment, intimidation or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its students in a safe and disciplined environment. Since students learn by example, school administrators, faculty, staff and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect and refusing to tolerate harassment, intimidation or bullying.

Issues for Consideration in Local Policy Development

Although not required, a statement of purpose is helpful to clearly establish the goal of the policy. The district board of education may consider parallel expectations against HIB to include employees, visitors and volunteers; however, care should be taken to ensure that policies for these groups are consistent with the case law, Federal and State laws, regulations and policies, including, but not limited to, those against hazing, bias crimes and assaults, as well as the district’s board-approved policies, procedures and agreements.

Section 2

Statutory Requirement: The policy shall contain a definition of harassment, intimidation or bullying no less inclusive than the requirements in N.J.S.A. 18A:37-14, N.J.S.A. 18A:37- 15(b)(2) and N.J.S.A. 18A:37-15.3:

“Harassment, intimidation or bullying” means 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 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, on a school bus, or off school grounds as provided for in section 16 of P.L.2010, c.122 (C.18A:37-15.3), that substantially disrupts or interferes with the orderly operation of the school or the rights of other students 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; or c. 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.

Minimum Model Policy Language The district board of education establishes that “harassment, intimidation or bullying” means any gesture, any written, verbal or physical act, or any electronic communication***, as defined in N.J.S.A. 18A:37-14, whether it be a single incident or a series of incidents, that is: a) 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 b) by any other distinguishing characteristic; and that c) takes place on school property, at any school-sponsored function, on a school bus, or

off school grounds, as provided for in N.J.S.A. 18A:37-15.3, that substantially disrupts or interferes with the orderly operation of the school or the rights of other students; and that

d) a reasonable person should know, under the circumstances, that the act(s) 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 e) has the effect of insulting or demeaning any student or group of students; or f) 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.

Issues for Consideration in Local Policy Development The district board of education should make clear that the policy includes the motivating factors set forth in the authorizing statute (N.J.S.A. 18A:37-14). Not all acts of HIB against students, however, are motivated by characteristics such as the target’s race, color, religion, gender or sexual orientation. Some acts of HIB are simply one child exercising power and control over another either in isolated incidents (e.g., intimidation, harassment) or as patterns of harassing or intimidating behavior (e.g., bullying). If the district board of education chooses to consider acts of bullying not motivated by the factors identified in the authorizing statute, they should take care to ensure that any expansion of the motivating factors should be consistent with the case law, Federal and State statutes, regulations and policies and the district board of education’s approved policies, procedures and agreements.

The policy and procedures must address and impose consequences, in accordance with the district board of education’s code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, for acts of HIB that occur off school grounds, such as “cyber- bullying” (e.g., the use of electronic to harass, intimidate or bully), when the HIB substantially disrupts or interferes with the orderly operation of the school or the rights of other students, consistent with N.J.S.A. 18A:37-14 and 15.3. ______________________ *** “Electronic communication” means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager. __________________________________

Section 3

Statutory Requirement: The policy shall include a description of the type of behavior expected from each student. N.J.S.A. 18A:37-15(b)(3)

Minimum Model Policy Language The district board of education expects students to conduct themselves in keeping with their levels of development, maturity and demonstrated capabilities, with a proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities and the care of school facilities and equipment, consistent with the code of student conduct.

The district board of education believes that standards for student behavior must be set cooperatively through interaction among the parents and other community representatives, school administrators, school employees, school volunteers and students of the school district, producing an atmosphere that encourages students to grow in self- discipline. The development of this atmosphere requires respect for self and others, as well as for district and community property on the part of students, staff and community members.

Students are expected to behave in a way that creates a supportive learning environment. The district board of education believes that the best discipline is self-imposed, and that it is the responsibility of staff to use instances of violations of the code of student conduct as opportunities for helping students learn to assume and accept responsibility for their behavior and the consequences of their behavior. Staff members who interact with students shall apply best practices designed to prevent student conduct problems and foster students’ abilities to grow in self-discipline.

The district board of education expects that students will act in accordance with the student behavioral expectations described below:

[The district board of education should insert, at a minimum, its specific

student behavioral expectations and standards regarding HIB, including: 1) Student responsibilities (e.g., requirements for students to conform to

reasonable standards of socially acceptable behavior; respect the person, property and rights of others; obey constituted authority; and respond to those who hold that authority); 2) Appropriate recognition for positive reinforcement for good conduct,

self-discipline, and good citizenship; 3) Student rights; and 4) Sanctions and due process for violations of the code of student

conduct].

Issues for Consideration in Local Policy Development The goal of this section is to explain global expectations for student conduct while providing school administrators with the flexibility to address developmental ages and abilities of students and the unique characteristics of the schools, as is intended in N.J.A.C. 6A:16-7.1(b)6. Per the provisions of the authorizing statute, the procedures should be included as a part of the district board of education’s approved policy and consistent with the code of student conduct.

Pursuant to N.J.S.A. 18A:37-15(a) and N.J.A.C. 6A:16-7.1(a)1, the district must involve a broad-base of school and community members, including parents, students, instructional staff, student support services staff, school administrators and school volunteers, as well as community organizations, such as faith-based, health and human service, business and law enforcement, in the development of the policy. Based on the locally determined and accepted core ethical values adopted by the district board of education, pursuant to N.J.A.C. 6A:16-7.1(a)2 ,the district board of education must develop guidelines for student conduct, pursuant

to N.J.A.C. 6A:16-7.1, taking into consideration the developmental ages of students, the severity of offenses and students’ histories of inappropriate behaviors, and the mission and physical facilities of the individual schools. Board policy must require all students in the district to adhere to the rules established by the school district and to submit to the remedial and consequential measures that are appropriately assigned for infractions of these rules.

Pursuant to N.J.A.C. 6A:16-7.1, the chief school administrator must annually provide to students and their parents the rules of the district regarding student conduct. Provisions should be made for informing parents whose primary language is other than English.

Since bystander support of HIB can reinforce these behaviors, district boards of education should consider including a statement prohibiting active or passive support for acts of HIB. The district should encourage students to support students who:

Walk away from acts of HIB when they see them;
Constructively attempt to stop acts of HIB;
Provide support to students who have been subjected to HIB; and
Report acts of HIB to the designated school staff.

The district might consider adopting a policy prohibiting HIB of school employees, visitors or volunteers as a safety measure and to foster a climate of civility and respect among all members of and participants in the educational community.

Section 4

Statutory Requirement: The policy shall include the consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying. N.J.S.A. 18A:37-15(b)(4)

Minimum Model Policy Language The district board of education requires its school administrators to implement procedures that ensure both the appropriate consequences and remedial responses for students who commit one or more acts of harassment, intimidation or bullying, consistent with the code of student conduct, and the consequences and remedial responses for staff members who commit one or more acts of harassment, intimidation or bullying. The following factors, at a minimum, shall be given full consideration by school administrators in the implementation of appropriate consequences and remedial measures for each act of harassment, intimidation or bullying by students. Appropriate consequences and remedial actions are those that are graded according to the severity of the offenses, consider the developmental ages of the student offenders and students’ histories of inappropriate behaviors, per the code of student conduct and N.J.A.C. 6A:16- 7.

Factors for Determining Consequences

Age, developmental and maturity levels of the parties involved and their relationship to the school district;
Degrees of harm;
Surrounding circumstances;
Nature and severity of the behaviors;
Incidences of past or continuing patterns of behavior;
Relationships between the parties involved; and
Context in which the alleged incidents occurred.

Factors for Determining Remedial Measures

Personal

Life skill deficiencies;
Social relationships;
Strengths;
Talents;
Traits;
Interests;
Hobbies;
Extra-curricular activities;
Classroom participation;
Academic performance; and
Relationship to students and the school district.

Environmental

School culture;
School climate;
Student-staff relationships and staff behavior toward the student;
General staff management of classrooms or other educational environments;
Staff ability to prevent and manage difficult or inflammatory situations;
Social-emotional and behavioral supports;
Social relationships;
Community activities;
Neighborhood situation; and
Family situation. _{Examples of Consequences and Remedial Measures}

Consequences and appropriate remedial actions for a student or staff member who commits one or more acts of HIB may range from positive behavioral interventions up to and including suspension or expulsion of students, as set forth in the board of education’s approved code of student conduct, pursuant to N.J.A.C. 6A:16-7.1. Consequences for a

student who commits an act of HIB shall be varied and graded according to the nature of the behavior, the developmental age of the student and the student’s history of problem behaviors and performance, and must be consistent with the district board of education’s approved code of student conduct and N.J.A.C. 6A:16-7, Student Conduct. Remedial measures shall be designed to correct the problem behavior; prevent another occurrence of the problem; protect and provide support for the victim of the act; and take corrective action for documented systemic problems related to harassment, intimidation or bullying. The consequences and remedial measures may include, but are not limited to, the examples listed below:

Examples of Consequences

Admonishment;
Temporary removal from the classroom;
Deprivation of privileges;
Classroom or administrative detention;
Referral to disciplinarian;
In-school suspension during the school week or the weekend;
After-school programs;
Out-of-school suspension (short-term or long-term);
Reports to law enforcement or other legal action;
Expulsion; and
Bans from providing services, participating in school-district-sponsored programs or being in school buildings or on school grounds.

Examples of Remedial Measures

Personal

Restitution and restoration;
Peer support group;
Recommendations of a student behavior or ethics council;
Corrective instruction or other relevant learning or service experience;
Supportive student interventions, including participation of the Intervention and Referral Services team, pursuant to N.J.A.C. 6A:16-8;
Behavioral assessment or evaluation, including, but not limited to, a referral to the Child Study Team, as appropriate;
Behavioral management plan, with benchmarks that are closely monitored;
Assignment of leadership responsibilities (e.g., hallway or bus monitor);
Involvement of school “disciplinarian;”
Student counseling;
Parent conferences;
Alternative placements (e.g., alternative education programs);
Student treatment; or
Student therapy.

Environmental (Classroom, School Building or School District)

School and community surveys or other strategies for determining the conditions contributing to harassment, intimidation or bullying;
School culture change;
School climate improvement;
Adoption of research-based, systemic bullying prevention programs;
School policy and procedures revisions;
Modifications of schedules;
Adjustments in hallway traffic;
Modifications in student routes or patterns traveling to and from school;
Supervision of student before and after school, including school transportation;
Targeted use of monitors (e.g., hallway, cafeteria, locker room, playground, school perimeter, bus);
Teacher aides;
Small or large group presentations for fully addressing the behaviors and the responses to the behaviors;
General professional development programs for certificated and non-certificated staff;
Professional development plans for involved staff;
Disciplinary action for school staff who contributed to the problem;
Supportive institutional interventions, including participation of the Intervention and Referral Services team, pursuant to N.J.A.C. 6A:16-8;
Parent conferences;
Family counseling;
Involvement of parent-teacher organizations;
Involvement of community-based organizations;
Development of a general bullying response plan;
Recommendations of a student behavior or ethics council;
Peer support groups;
Alternative placements (e.g., alternative education programs);
School transfers; and
Law enforcement (e.g., safe schools resource officer, juvenile officer) involvement or other legal action.

Issues for Consideration in Local Policy Development Since N.J.S.A. 18A:37-15(b)(4) clearly establishes that the responses to a person (not only a student) who commits an act of HIB must include both consequences and appropriate remedial action, school officials are responsible for taking all appropriate steps to understand and rectify the problem, which by law involves more than traditional punitive actions.

Consequences – In regard to consequences, only after meaningful consideration of the factors for determining consequences, described above, can an appropriate consequence be determined, consistent with the case law, Federal and State statutes, regulations and policies, and district policies, procedures, collective bargaining agreements and employee contracts.

Remediation – In regard to remediation, only after meaningful consideration of the factors for determining remedial measures can an appropriate remedial response be determined, consistent with the documented needs of the student or staff member and the unique characteristics of the situation.

The overall school climate and school culture and the individual and institutional factors that contribute to climate and culture might overtly or inadvertently support HIB behavior. These factors always should be considered in the response to an act of HIB. Additionally, in all cases the district should attempt to actively involve parents in the remediation of the behavior(s) of concern. It is only after meaningful consideration of the factors and examples described above that appropriate consequences and remedial responses can be determined, consistent with the documented needs of the student or staff member, the unique characteristics of the student’s or staff member’s situation and the requirements under N.J.S.A. 18A:37-13 et seq.

Section 5

Statutory Requirements: The policy shall include a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report. N.J.S.A. 18A:37-15(b)(5)

All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the same day when the school employee or contracted service provider witnessed or received reliable information regarding any such incident. The principal shall inform the parents or guardians of all students involved in the alleged incident, and may discuss, as appropriate, the availability of counseling and other intervention services. All acts of harassment, intimidation, or bullying shall be reported in writing to the school principal within two school days of when the school employee or contracted service provider witnessed or received reliable information that a student had been subject to harassment, intimidation, or bullying. N.J.S.A. 18A:37-15(b)(5)

A member of a board of education, school employee, contracted service provider, student or volunteer who has witnessed, or has reliable information that a student has been subject to, harassment, intimidation or bullying shall report the incident to the appropriate school official designated by the school district’s policy, or to any school administrator or safe schools resource officer, who shall immediately initiate the school district’s procedures concerning school bullying. N.J.S.A. 18A:37-16(b)

A member of a board of education or a school employee who promptly reports an incident of harassment, intimidation or bullying, to the appropriate school official designated by the school district’s policy, or to any school administrator or safe schools resource officer, and who makes this report in compliance with the procedures in the district’s policy, is immune

from a cause of action for damages arising from any failure to remedy the reported incident. N.J.S.A. 18A:37-16(c)

Minimum Model Policy Language The district board of education requires the principal at each school to be responsible for receiving all complaints alleging violations of this policy. All board of education members, school employees, and volunteers and contracted service providers who have contact with students, are required to verbally report alleged violations of this policy to the principal or the principal’s designee on the same day when the individual witnessed or received reliable information regarding any such incident. All board of education members, school employees, and volunteers and contracted service providers who have contact with students, also shall submit a report in writing to the school principal within two school days of the verbal report. The principal is required to inform the parents of all students involved in alleged incidents, and, as appropriate, may discuss the availability of counseling and other intervention services.

Students, parents, and visitors are encouraged to report alleged violations of this policy to the principal on the same day when the individual witnessed or received reliable information regarding any such incident. Students, parents, and visitors may report an act of harassment intimidation or bullying anonymously. Formal action for violations of the code of student conduct may not be taken solely on the basis of an anonymous report.

A member of a board of education or a school employee who promptly reports an incident of harassment, intimidation or bullying, and who makes this report in compliance with the procedures in the district’s policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident.

Issues for Consideration in Local Policy Development The goal of a reporting procedure is to facilitate the identification, investigation and response to alleged violations of this policy by making the reporting process prompt, simple and non-threatening. The district should consider every mechanism available to simplify reporting, including standard reporting forms and Web-based reporting mechanisms. For anonymous reporting, schools should consider locked boxes located in areas of the school where reports can be submitted without fear of being observed. The district should consider establishing procedures and consequences for a school administrator who receives an HIB report from a school district employee and fails to conduct an investigation, or who should have known of an HIB incident and fails to take sufficient action to minimize or eliminate the HIB. The district also should consider procedures and consequences when it is found that someone had information regarding an HIB incident, but did not make the required report(s).

Section 6

Statutory Requirements: The policy shall include a procedure for prompt investigation of reports of violations and complaints, which procedure shall, at a minimum, provide that [N.J.S.A. 18A:37-15(b)(6) and N.J.S.A. 18A:37-16(a)]:

The investigation shall be initiated by the principal or the principal’s designee within one school day of the report of the incident and shall be conducted by a school anti-bullying specialist. The principal may appoint additional personnel who are not school anti- bullying specialists to assist in the investigation. The investigation shall be completed as soon as possible, but not later than 10 school days from the date of the written report of the incident of harassment, intimidation, or bullying. In the event that there is information relative to the investigation that is anticipated but not yet received by the end of the 10-day period, the school anti-bullying specialist may amend the original report of the results of the investigation to reflect the information;
The results of the investigation shall be reported to the superintendent of schools within two school days of the completion of the investigation, and in accordance with regulations promulgated by the State Board of Education pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the superintendent may decide to provide intervention services, establish training programs to reduce harassment, intimidation, or bullying and enhance school climate, impose discipline, order counseling as a result of the findings of the investigation, or take or recommend other appropriate action;
The results of each investigation shall be reported to the board of education no later than the date of the board of education meeting next following the completion of the investigation, along with information on any services provided, training established, discipline imposed, or other action taken or recommended by the superintendent;
Parents of the students who are parties to the investigation shall be entitled to receive information about the investigation, in accordance with Federal and State law and regulation, including the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within 5 school days after the results of the investigation are reported to the board.
A parent or guardian may request a hearing before the board after receiving the information, and the hearing shall be held within 10 days of the request. The board shall meet in executive session for the hearing to protect the confidentiality of the students. At the hearing the board may hear from the school anti-bullying specialist about the incident, recommendations for discipline or services, and any programs instituted to reduce such incidents;
At the next board of education meeting following its receipt of the report, the board shall issue a decision, in writing, to affirm, reject, or modify the superintendent’s decision. The board’s decision may be appealed to the Commissioner of Education, in accordance with the procedures set forth in law and regulation, no later than 90 days after the issuance of the board’s decision.
A school administrator who receives a report of harassment, intimidation, or bullying from a district employee, and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying, may be subject to disciplinary action. N.J.S.A. 18A:37-16(d)

Minimum Model Policy Language The district board of education requires a thorough and complete investigation to be conducted for each report of an alleged incident of harassment, intimidation or bullying. The investigation shall be initiated by the principal or the principal’s designee within one school day of the verbal report of the incident. The investigation shall be conducted by the school anti-bullying specialist appointed by the principal. The principal may appoint additional personnel who are not school anti-bullying specialists to assist the school anti- bullying specialist in the investigation. The investigation shall be completed and the written findings submitted to the principal as soon as possible, but not later than 10 school days from the date of the written report of the alleged incident of harassment, intimidation, or bullying. Should information regarding the reported incident and the investigation be received after the end of the 10-day period, the school anti-bullying specialist or the principal shall amend the original report of the results of the investigation to ensure there is an accurate and current record of the facts and activities concerning the reported incident.

The principal shall proceed in accordance with the code of student conduct, as appropriate, based on the investigation findings. The principal shall submit the report to the chief school administrator within two school days of the completion of the investigation and in accordance with the Administrative Procedures Act (N.J.S.A. 52:14B-1 et seq.). As appropriate to the findings from the investigation, the chief school administrator shall ensure the code of student conduct has been implemented and provide intervention services, order counseling, establish training programs to reduce harassment, intimidation, or bullying and enhance school climate, or take or recommend other appropriate action, as necessary.

The chief school administrator shall report the results of each investigation to the board of education no later than the date of the regularly scheduled board of education meeting following the completion of the investigation. The chief school administrator’s report also shall include information on any consequences imposed under the code of student conduct, intervention services provided, counseling ordered, training established or other action taken or recommended by the chief school administrator.

Parents of the students who are parties to the investigation shall be provided with information about the investigation, in accordance with Federal and State law and regulation. The information to be provided to parents includes the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether consequences were imposed or services provided to address the incident of harassment, intimidation or bullying. This information shall be provided in writing within five school days after the results of the investigation are reported to the board of education.

A parent or guardian may request a hearing before the board of education after receiving the information. When a request for a hearing is granted, the hearing shall be held within 10 school days of the request. The board of education shall conduct the hearing in

executive session, pursuant to the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.), to protect the confidentiality of the students. At the hearing, the board of education may hear testimony from and consider information provided by the school anti-bullying specialist and others, as appropriate, regarding the alleged incident, the findings from the investigation of the alleged incident, recommendations for consequences or services, and any programs instituted to reduce such incidents, prior to rendering a determination.

At the regularly scheduled board of education meeting following its receipt of the report or following a hearing in executive session, the board shall issue a decision, in writing, to affirm, reject, or modify the chief school administrator’s decision. The board of education’s decision may be appealed to the Commissioner of Education, in accordance with N.J.A.C. 6A:3, Controversies and Disputes, no later than 90 days after the issuance of the board of education’s decision.

A school administrator who receives a report of harassment, intimidation, or bullying from a district employee, and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying, may be subject to disciplinary action.

Issues for Consideration in Local Policy Development The school district is encouraged to use existing policies and procedures, including those used to investigate allegations of violations of the district board of education’s code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, as appropriate, to supplement the investigation procedures prescribed in the amended HIB statute. The school district is encouraged to establish record keeping policies and procedures that create a defensible record which demonstrates the district’s efforts to remediate and reduce incidents of HIB, and that facilitate the evaluation of the district’s efforts to reduce incidents of HIB. The school district also is encouraged to ensure that its investigation procedures support the provision of consistent, timely assistance to individuals who raise concerns about HIB, the promotion of a quick resolution of HIB behavior, the implementation of policies and practices that fulfill statutory and regulatory requirements, and student safety and well being.

Section 7

Statutory Requirements: The policy shall contain the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified, which shall be defined by the principal in conjunction with the school anti-bullying specialist, but shall include an appropriate combination of counseling, support services, intervention services, and other programs, as defined by the commissioner. N.J.S.A. 18A:37-15(b)(7)

The policy shall include provisions for appropriate responses to harassment, intimidation, or bullying, pursuant to N.J.S.A. 18A:37-14 that occurs off school grounds, in cases in which a

school employee is made aware of such actions. The responses to harassment, intimidation, or bullying that occurs off school grounds shall be consistent with the board of education’s code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, and other provisions of the board of education’s policy on harassment, intimidation, or bullying. N.J.S.A. 18A:37-15.3

Minimum Model Policy Language The district board of education authorizes the principal of each school to define the range of ways in which school staff will respond once an incident of harassment, intimidation or bullying is confirmed, and the chief school administrator shall respond to confirmed harassment, intimidation and bullying, according to the parameters described below and in this policy. The district board of education recognizes that some acts of harassment, intimidation or bullying may be isolated incidents requiring that the school officials respond appropriately to the individuals committing the acts. Other acts may be so serious or parts of a larger pattern of harassment, intimidation or bullying that they require a response either at the classroom, school building or school district levels or by law enforcement officials. Consequences and appropriate remedial actions for a student who commits an act of harassment, intimidation or bullying may range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A:37-1, Discipline of Pupils and as set forth in N.J.A.C. 6A:16-7.2, Short-term suspensions, N.J.A.C. 6A:16-7.3, Long-term Suspensions and N.J.A.C. 6A:16-7.5, Expulsions.

In considering whether a response beyond the individual is appropriate, school officials shall consider the nature and circumstances of the act, the degree of harm, the nature and severity of the behavior, past incidences or past or continuing patterns of behavior, and the context in which the alleged incident(s) occurred. Institutional (i.e., classroom, school building, school district) responses can range from school and community surveys, to mailings, to focus groups, to adoption of research-based HIB prevention program models, to training for certificated and non-certificated staff, to participation of parents and other community members and organizations, to small or large group presentations for fully addressing the actions and the school’s response to the actions, in the context of the acceptable student and staff member behavior and the consequences of such actions, and to the involvement of law enforcement officers, including safe schools resource officers.

This policy and the code of student conduct shall apply to instances when a school employee is made aware of alleged harassment, intimidation or bullying occurring off school grounds when:

The alleged harassment, intimidation or bullying has substantially disrupted or interfered with the orderly operation of the school or the rights of other students; and either
A reasonable person should know, under the circumstances, that the alleged behavior 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

The alleged behavior has the effect of insulting or demeaning any student or group of students; or
The alleged behavior 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.

Issues for Consideration in Local Policy Development For every incident of HIB, the school officials must respond appropriately to the individual who committed the act. The district board of education is encouraged to set the parameters for the range of responses to be established by the principal and for the chief school administrator to follow. The range of responses to confirmed HIB acts should include individual, classroom, school or district responses, as appropriate to the findings from each incident. Examples of responses that apply to each these categories are provided below:

Individual responses can include positive behavioral interventions (e.g., peer mentoring, short-term counseling, life skills groups) and punitive actions (e.g., detention, in-school or out-of-school suspension, expulsion, law enforcement report or other legal action).
Classroom responses can include class discussions about an incident of HIB, role plays, research projects, observing and discussing audio-visual materials on these subjects and skill-building lessons in courtesy, tolerance, assertiveness and conflict management.
School responses can include theme days, learning station programs, parent programs and information disseminated to students and parents, such as fact sheets or newsletters explaining acceptable uses of electronic and wireless communication devices or strategies for fostering expected student behavior.
District-wide responses can include community involvement in policy review and development, professional development programs, adoption of curricula and school-wide programs, coordination with community-based organizations (e.g., mental health, health services, health facilities, law enforcement officials, faith- based organizations) and disseminating information on the core ethical values adopted by the district board of education’s code of student conduct, per N.J.A.C. 6A:16-7.1(a)2.

In providing support for victims of HIB, the district should identify a range of strategies and resources, which could include the following actions for individual victims:

Counseling;
Teacher aides;
Hallway and playground monitors;
Schedule changes;
Before- and after-school supervision;
School transportation supervision;
School transfers; and
Therapy.

In all instances, the district should respond in a manner that provides relief to victims and does not stigmatize victims or further their sense of persecution. For example, while well-intentioned, mediation is an inappropriate strategy, because mediation is designed to help resolve conflict; however, HIB is not a conflict, but is a form of abuse, where one or more persons exercise power over another. As a result, the use of mediation to address HIB only serves to further victimize the target of the HIB, rather than provide relief from HIB for the victim. In terms of prevention, social skills training provided to all students or a data-driven school climate improvement process are examples of a school or a school district-wide response for addressing victimization.

The school district is reminded that the required Memorandum of Agreement Between Education and Law Enforcement Officials (N.J.A.C. 6A:16-6.2(b)13) defines the conditions under which school officials are required to report suspected bias-related acts to law enforcement authorities. Since some acts of HIB may be bias-related acts and potentially bias crimes, school officials must report to law enforcement officials either serious acts or those which may be part of a larger pattern. Additionally, all incidents of HIB, including related offender and victim information, must be reported over the NJDOE’s Electronic Violence and Vandalism Reporting System, pursuant to N.J.S.A. 18A:17-46 and N.J.A.C. 6A:16-5.3.

For school staff to address HIB that occurs off school grounds there must be reason to believe, at a minimum, that the alleged HIB has substantially disrupted or interfered with the orderly operation of the school or the rights of other students. Once this determination has been made, school staff must implement the district board of education’s HIB policy and code of student conduct.

Section 8

Statutory Requirements: The policy shall contain a statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation. N.J.S.A. 18A:37-15(b)(8)

A member of a board of education, school employee, student or volunteer shall not engage in reprisal, retaliation or false accusation against a victim, witness or one with reliable information about an act of harassment, intimidation or bullying. N.J.S.A. 18A:37-16(a)

Minimum Model Policy Language The district board of education prohibits a board of education member, school employee, contracted service provider who has contact with students, school volunteer or student from engaging in reprisal, retaliation or false accusation against a victim, witness, one with reliable information or any other person who has reliable information about an act of harassment, intimidation or bullying or who reports an act of harassment, intimidation or bullying. The consequence and appropriate remedial action for a person who engages

in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity and circumstances of the act, in accordance with case law, Federal and State statutes and regulations and district policies and procedures.

Issues for Consideration in Local Policy Development Acts of reprisal or retaliation can have a chilling effect on a school environment, and can create an atmosphere where alleged violations of this policy are not reported. It is important to establish and maintain a school culture that supports the norm that all suspected acts of reprisal or retaliation are taken seriously and appropriate responses are made in accordance with the totality of the circumstances. Inconsistent applications of appropriate responses to acts of reprisal or retaliation can contribute to the culture of violence and abuse that this policy is intended to prevent.

Section 9

Statutory Requirement: The policy shall contain the consequences and appropriate remedial action for a person found to have falsely accused another as a means of harassment, intimidation or bullying. N.J.S.A. 18A:37-15(b)(9)

Minimum Model Policy Language The district board of education prohibits any person from falsely accusing another as a means of harassment, intimidation or bullying.

[The district board of education should insert, at a minimum, its specific consequences and remedial actions regarding any person found to have falsely accused another as a means of harassment, intimidation or bullying, for: 1) Students – Consequences and appropriate remedial action for a

student could range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A:37-1, Discipline of Pupils and as set forth in N.J.A.C. 6A:16-7.2, Short-term suspensions, N.J.A.C. 6A:16-7., Long-term Suspensions and N.J.A.C. 6A:16-7.5, Expulsions; 2) School Employees – Consequences and appropriate remedial action

for a school employee or contracted service provider who has contact with students could entail discipline in accordance with district policies, procedures and agreements; and 3) Visitors or Volunteers – Consequences and appropriate remedial

action for a visitor or volunteer could be determined by the school administrator after consideration of the nature, severity and circumstances of the act, including law enforcement reports or other legal actions, removal of building or grounds privileges, or prohibiting contact with students or the provision of student services.]

Issues for Consideration in Local Policy Development The school district is encouraged to consider the totality of the circumstances surrounding individuals who falsely accuse others as a means of HIB. Decisions about consequences and appropriate remedial actions should be consistent with existing case law, Federal and State statutes and regulations and district policies and procedures.

Section 10

Statutory Requirements:

The policy shall contain a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions. N.J.S.A. 18A:37-15(b)(10)

The policy shall contain a requirement that a link to the policy be prominently posted on the home page of the school district’s website and distributed annually to parents and guardians who have children enrolled in a school in the school district. N.J.S.A. 18A:37-15(b)(11)

The policy shall contain a requirement that the name, school phone number, school address and school email address of the district anti-bullying coordinator be listed on the home page of the school district’s website. N.J.S.A. 18A:37-15(b)(12)

The policy shall contain a requirement that the name, school phone number, school address and school email address of the school anti-bullying specialist and the district anti-bullying coordinator be listed on the home page of each school’s website. N.J.S.A. 18A:37-15(b)(12)

The chief school administrator shall ensure that notice of the district’s policy shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards for schools within the school district, and in any student handbook. N.J.S.A. 18A:37-15.1(a)

The school district shall transmit a copy of the revised harassment, intimidation and bullying policy to the appropriate executive county superintendent of schools within 30 school days of each revision. The first revised policy following the effective date of N.J.S.A. 18A:37-13.1 et seq. shall be transmitted to the executive county superintendent of schools by September 1, 2011. N.J.S.A. 18A:37-15(c)

The school district shall annually conduct a re-evaluation, reassessment, and review of its policy, making any necessary revisions and additions. The board shall include input from the school anti-bullying specialists in conducting its re-evaluation, reassessment, and review. N.J.S.A. 18A:37-15(b)(12)

The school district shall provide training on the school district’s harassment, intimidation, or bullying policies to school employees and volunteers who have significant contact with students, and ensure that the training includes instruction on preventing bullying on the basis

of the protected categories enumerated in N.J.S.A. 18A:37-14 and other distinguishing characteristics that may incite incidents of discrimination, harassment, intimidation, or bullying. N.J.S.A. 18A:37-17(b)

Information regarding the school district policy against harassment, intimidation or bullying shall be incorporated into a school’s employee training program and shall be provided to full- time and part-time staff, volunteers who have significant contact with students, and those persons contracted by the district to provide services to students. N.J.S.A. 18A:37-17(c)

The school district shall develop a process for discussing the district’s harassment, intimidation or bullying policy with students. N.J.S.A. 18A:37-17(b)

Minimum Model Policy Language The district board of education requires the chief school administrator to annually disseminate the harassment, intimidation and bullying policy to all school employees, contracted service providers who have contact with students, school volunteers, students and parents who have children enrolled in a school in the school district, along with a statement explaining that the policy applies to all acts of harassment, intimidation and bullying, pursuant to N.J.S.A. 18A:37-14, that occur on school property, at school- sponsored functions or on a school bus and, as appropriate, acts that occur off school grounds. The chief school administrator shall post a link to the policy that is prominently displayed on the home page of the school district’s Website. The chief school administrator shall ensure that notice of the district’s policy appears in the student handbook and all other publications of the school district that set forth the comprehensive rules, procedures and standards for schools within the school district.

The chief school administrator shall post the name, school phone number, school address and school email address of the district anti-bullying coordinator on the home page of the school district’s Website. Each principal shall post the name, school phone number, school address and school email address of the both the school anti-bullying specialist and the district anti-bullying coordinator on the home page of each school’s Website.

The chief school administrator and the principals shall provide training on the school district’s harassment, intimidation, or bullying policies to school employees, contracted service providers and volunteers who have significant contact with students. The training shall include instruction on preventing bullying on the basis of the protected categories enumerated in N.J.S.A. 18A:37-14 and other distinguishing characteristics that may incite incidents of discrimination, harassment, intimidation or bullying. The school district’s employee training program shall include information regarding the school district policy against harassment, intimidation or bullying, which shall be provided to full-time and part-time staff, contracted service providers and school volunteers who have significant contact with students.

The chief school administrator shall develop and implement a process for annually discussing the school district policy on harassment, intimidation and bullying with students. The chief school administrator and the principals shall annually conduct a re-

evaluation, reassessment, and review of the harassment, intimidation and bullying policy, with input from the school anti-bullying specialists, and recommend revisions and additions to the policy as well as to harassment, intimidation and bullying prevention programs and approaches based on the findings from the evaluation, reassessment, and review. _{Issues for Consideration in Local Policy Development}

The goal of this policy is to foster a safe and disciplined environment that is conducive to learning, where individuals treat one another with civility and respect. To accomplish this goal, the policy must be widely disseminated to inform everyone in the school, particularly those who have contact with students, and the community of its provisions. Districts are required to include a link to the policy that is prominently displayed on the home page of the district’s Website and include notice of the policy in the district’s publications on student conduct. Additionally, a range of options are available to school districts for publicizing the policy, including posting the policy in public buildings or in publications (e.g., newsletters, newspapers, list serves, e-mail), utilization of audio-visual media (e.g., public cable access, radio, public television), mailing copies, requiring all employees, students and parents to sign a written statement indicating that they have received and read the policy and agree to abide by the provisions of the policy, and reviewing the policy at public meetings. While multiple methods for publicizing the policy can increase the chances of public awareness, support and compliance, the school district is encouraged to use the strategies that fit its unique situation.

Acts of HIB can pose serious threats to the physical and emotional safety of victims and warrants swift action. HIB interventions are facilitated when the members of the school community are aware of the appropriate school resources. Posting the contact information for the district anti-bullying coordinator and the school anti-bullying specialist will help school and community members easily identify and seek assistance from these staff for HIB issues.

Similarly, school staff only can be expected to fulfill their obligations in preventing and intervening with HIB when they are adequately trained in the expectations and required procedures under the HIB policy, and in particular the distinguishing characteristics that place students at risk for HIB. Existing school staff must receive training at regular intervals, and information on the HIB policy must be included in the school district’s employee training program in order to effectively prevent and intervene with HIB.

Engaging students in discussions regarding their responsibilities and expectations increases the chances that they will fulfill their responsibilities and act in accordance with the expectations. Helping students understand the district’s policies and procedures, and the reasons for them, increases the chances that they will act on the procedures, particularly when they understand that the actions will

help their friends and classmates, without undue personal consequences, and increase student’s sense of responsibility for the school climate and culture.

Just as the characteristics of each student, each class and each school differ, the characteristics of HIB will change from year to year, location to location and student to student. Research on HIB practices will continue to emerge, and the data on the nature of HIB behaviors will continuously change. It is essential that school district and school officials regularly review available HIB data, including for HIB incidents reported on the Electronic Violence and Vandalism Reporting System, to assist in assessing the nature of the problem to aide in matching appropriate prevention and intervention responses. Information also should be gathered on the effects of the district’s efforts to address HIB, to determine the need for changes to policies and procedures and to institute improvements to prevention and intervention programs and approaches.

PART 5 RESOURCES ON HARASSMENT, INTIMIDATION AND BULLYING

These resources are presented only as a representation, and not as an exhaustive selection or review of materials available on the subject of HIB. Inclusion of these resources is not an explicit or implied endorsement of the materials or organizations identified below, nor does it signify verification or agreement with the information contained in the materials or the positions or practices of the organizations. These resources are presented only to provide school officials with perspectives, options and contacts to assist with local decision making.

Understanding Harassment, Intimidation, and Bullying

Books

Bullying : A Handbook for Educators and Parents. Rivers, I., Duncan, N., and Besag, V. E. (2009). Rowman & Littlefield Education, Lanham, MD.

Bullying at School: What We Know and What We Can Do. Olweus, D. 1993. Cambridge, MA: Blackwell.

Bullying Behavior: Current Issues, Research and Interventions. Geffner, R.A., Loring, M. and Young, C. (Eds.) 2001. Haworh Press, New York.

School Bullying: Insights and Perspectives. Smith, P. K., and Sharp, S. (1994). London: Routledge.

The Truth about Bullying: What Educators and Parents Must Know and Do. Urbanski, J. and Permuth, S. (2009). Rowman & Littlefield Education, Lanham, MD.

Articles

Ahmad, Y., and Smith, P. K. (1994). Bullying in schools and the issue of sex differences. In John Archer (Ed.), Male Violence. London: Routledge.

Batsche, G. M., & Knoff, H. M. (1994). Bullies and their victims: Understanding a pervasive problem in the schools. School Psychology Review, 23(2), 165-174.

Birkett, M., Espelage, D. L., & Koenig, B. (2009). LGB and questioning students in schools: The moderating effects of homophobic bullying and school climate on negative outcomes. Journal of Youth and Adolescence, 38(7), 989-1000.

Charach, A., Pepler, D., & Ziegler, S. (1995). Bullying at school–a Canadian perspective: A survey of problems and suggestions for intervention. Education Canada, 35(1), 12-18.

Crick, N. Wellman, N. Casas, J., O’brien, K.Nelson, D.Grotpeter, J. et al. (1999) Childhood aggression and gender: A new look at an old problem. In D. Bernstein (Ed.), Nebraska Symposium on Motivation (Vol. 45). Lincoln, NE: University of Nebraska Press.

Crick, N.R., & Grotpeter, J.K. (1995). Relational aggression, gender, and social-psychological adjustment. Child Development, 66, 710-722.

Cummings J, Pepler D, Mishna F, Craig W. Bullying and victimization among students with exceptionalities. Exceptionality Education Canada (2006) 16(3):193–222.

Duncan, A. (1996). ‘The Shared Concern Method for Resolving Group Bullying in Schools’, Educational Psychology in Practice, 12(2), 84-98.

Elinoff, M.J., Chafouleas, S.M., & Sassu, K.A. (2004). Bullying: Considerations for defining and intervening in school settings. Psychology in the Schools, 41(8), 887-897.

Espelage, D. L., Aragon, S. R., & Birkett, M. (2008). Homophobic teasing, psychological outcomes, and sexual orientation among high school students: What influence do parents and schools have? School Psychology Review, 37(2), 202-216.

Gershel, J.C., Katz-Sidlow, R.J., Small, E., & Zandieth, S. (2003). Hazing of suburban middle school and highschool athletes. Society for Adolescent Medicine, 32, 333-335.

Griffin, R.S., & Gross, A.M. (2004). Childhood bullying: Current empirical findings and future directions for research. Aggression and Violent Behavior, 9, 379-400.

Haynie, D. L., Nansel, T., Eitel, P., Crump, A. D., Saylor, K., Yu, K., & Simons-Morton, B. (2001). Bullies, victims, and bully/victims: Distinct groups of at-risk youth. The Journal of Early Adolescence, 21(1), 29-49.

Herba, C. M., Ferdinand, R. F.; Stijnen, T., Veenstra, R., Oldehinkel, A. J., Ormel, J., Verhulst, F. C. (2008) Victimization and Suicide Ideation in the TRAILS Study: Specific Vulnerabilities of Victims, Journal of Child Psychology and Psychiatry, 49(8) 867-876.

Hunt, C. (2007). The effect of an education program on attitudes and beliefs about bullying and bullying behavior in junior secondary school students. Child and Adolescent Mental Health, 12(1), 21-26.

Klomek, A. B., Marrocco, F., Kleinman, M., Schonfeld, I. S., Gould, M. S. (2007). Bullying, Depression, and Suicidality in Adolescents. Journal of the American Academy of Child and Adolescent Psychiatry, 46(1) 40.

Loeber, R. and Dishion, T. (1983). Early Predictors of Male Delinquency: A Review. Psychological Bulletin, 94, 69-99.

Mishna, F. (2003). Learning disabilities and bullying: Double jeopardy. Journal of Learning Disabilities, 36(4), 336-347.

Nansel, T. R., Overpeck, M., Haynie, D. L., Ruan, W. J., & Scheidt, P. C. (2003). Relationships between bullying and violence among US youth. Archives of Pediatric Adolescent Medicine, 157, 348-353.

Nansel, T. R., Overpeck, M., Pilla, R. S., Ruan, W. J., Simons-Morton, B., & Scheidt, P. (2001). Bullying behaviors among U.S. youth: prevalence and association with psychosocial adjustment. Journal of the American Medical Association, 285(16), 2094-2100.

Nolin, M. J., Davies, E., & Chandler, K. (1995). Student victimization at school. National Center for Education Statistics3/4Statistics in Brief (NCES 95-204).

Olweus, D. (1993b). Victimization by Peers: Antecedents and Long-term Consequences. In K.H. Rubin and J.B. Asendorf (eds.), Social Withdrawal, Inhibition and Shyness in Childhood. Hillsdale NJ: Erlbaum.

Patterson, G.R., DeBaryshe, B.D. and Ramsey, E. (1989). A Developmental Perspective on Antisocial Behaviour. American Psychologist, 44, 329-35.

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.

Rigby, K. (2000). Effects of peer victimization in schools and perceived social support on adolescent well-being. Journal of Adolescence, 23, 57-68.

Skiba, R. J. (2000). Zero tolerance, zero evidence. Bloomington, Indiana: Indiana Education Policy Center (Policy Research Report SRS2).

Taylor, K.R. (2010). Misplaced Blame? (A discussion of whether school officials or districts can be held liable for student suicides). Principal Leadership, 10(7) 8-10.

Whitney, I., & Smith, P. K. (1993). A survey of the nature and extent of bullying in junior/middle and secondary schools. Educational Research, 35(1), 3-25.

Wang, J., Iannotti, R. J., & Nansel, T. R. (2009). School bullying among adolescents in the United States: Physical, verbal, relational, and cyber. Journal of Adolescent Health, 45, 368-375.

Policy Development

A tutorial on the New Jersey Department of Education’s (NJDOE) regulations requiring all New Jersey school districts to have developed, adopted and implemented a code of student conduct http://cscd.rutgers.edu/page/codeofstudentconduct/

Dealing with Legal Matters Surrounding Students’ Sexual Orientation and Gender Identity http://www.nsba.org/MainMenu/SchoolHealth/SelectedNSBAPublications/SexualOrientationand GenderIdentity/DealingwithLegalMattersSurroundingStudentsSexualOrientationandGenderIdent ity.aspx.

NJDOE Code of Student Conduct Compliance Checklist http://www.state.nj.us/education/students/safety/behavior/codes/checklist.pdf

Prevention and Intervention Strategies

Books

A School-Based Anti-violence Program . Sudermann, M., Jaffe, P., Schiek, E. et al. (1996). London, ON: London Family Court Clinic.

Behavioral interventions in schools: A response-to-intervention guidebook . Hulac, D., Terrell, J., Vining, O., & Bernstein, J. (2011) New York, NY, US: Routledge/Taylor & Francis Group; US.

Blueprint for Violence Prevention – Book 9, Bullying Prevention Program . United States Department of Justice, Office of Justice Programs, Juvenile Justice Delinquency Prevention.

The Bully, the Bullied, and the Bystander: From Preschool to High School–How Parents and Teachers Can Help Break the Cycle (Updated Edition). Coloroso, B. (2009) HarperCollins, New York, NY.

Bullying Prevention and Intervention: Realistic Strategies for Schools (The Guilford Practical Intervention in Schools Series) Swearer, S.M., Espelage, D.L., Napolitano, S.A. (2009). The Guilford Press, New York, NY.

Bullying Prevention: Creating a Positive School Climate and Developing Social Competence, Orpinas, P. and Horne, A.M. (2005). American Psychological Association.

The Bullying Prevention Handbook: A Guide for Principals, Teachers and Counselors . Hoover, J.H. and Oliver, R. 1996. National Educational Service, Bloomington, IN.

Bully proof: A Teachers Guide to Teasing and Bullying for Use with Fourth and Fifth Grade Students . Sjostrom, Lisa, & Stein, Nan. (1996). Boston, MA: Wellesley College Center for Research on Women and the NEA Professional Library.

Keys to Dealing With Bullies (Barron’s Parenting Keys). Barry Edwards McNamara, Francine McNamara (Contributor). Keys Hauppauge, N.Y. : Barron’s Educational Series, 1997.

Protecting Students from Harassment and Hate Crime: A Guide for Schools. United States Department of Education. 1999.

Understanding Girl Bullying and What to Do About It: Strategies to Help Heal the Divide. Field, J.E., Kolbert, J.B., Crothers, L.M. and Hughes, T.L. (2009). Corwin, Thousand Oaks, CA.

Articles

Ahmed E, Brathwaite V. Forgiveness, reconciliation, and shame: Three key variables in reducing school bullying. Journal of Social Issues (2006) 62(2):347–370.

Allen, K.P. (2010). A bullying intervention system: Reducing risk and creating support for aggressive students. Preventing School Failure, 54(3), 1999-209.

Beale, A. V., & Hall, K. R. (2007). Cyberbullying: What school administrators (and parents) can do. Clearing House: A Journal of Educational Strategies, Issues and Ideas, 81(1), 8–12.

Biegel, S. and Kuehl, S.J. (2010) Safe at School: Addressing the School Environment and LGBT Safety through Policy and Legislation. National Education Policy Center.

Bradshaw, C.P., and Waasdorp, T.E. (2009). Measuring and changing a ‘culture of bullying.’ School Psychology Review, 38(3), 356-361.

Bray, L., Lee, C. (2007) Moving away from a culture of blame to that of support-based approaches to bullying in schools. Pastoral Care in Education, 25(4),60.

Brewster, C. & Railsback, J. (2001). Schoolwide Prevention of Bullying. By Request Series. Portland, OR: Northwest Regional Educational Lab.

Chibbaro, J.S. (2007). School counselors and the cyberbully: Interventions and implications. Professional School Counseling, 11(1), 65-68.

Davis, S. (2005). Schools Where Everyone Belongs: Practical Strategies for Reducing Bullying. Champaign, IL, USA, Research Press.

Elias, M. J., & Zins, J. (2003). Bullying, peer harassment, and victimization in schools: The next generation of prevention. Journal of Applied School Psychology [Special Issue], Winter 2003/2004.

Espelage, D. L., & Swearer, S. M. (2003). Bullying prevention and intervention: Integrating research and evaluation findings. School Psychology Review [Special Issue].

Geffner, R., & Loring, M. T. (2001). Intervention, research and theories of psychological, maltreatment, trauma, and nonphysical aggression. Journal of Emotional Abuse [Special Issue], 2 (2/3).

Flynt, S. W. & Morton, R. C. (2007). Bullying prevention and students with disabilities. National Forum of Special Education Journal, 19(1), 1-6.

Larson, J., Smith, D.C., & Furlong, M.J. (2002). Best practices in school violence prevention. In A. Thomas & J. Grimes (Eds.), Best Practices in School Psychology IV (pp 1081-1097). Bethesda, MD: National Association of School Psychologists.

*U. S. Department of Education. (1998). Preventing Bullying: A Manual for Schools and Communities. Washington, DC: author.

Limber, S. P. (2002). Addressing youth bullying behaviors. Proceedings from the American Medical Association Educational Forum on Adolescent Health: Youth Bullying. Chicago, IL: American Medical Association. Retrieved from http://www.ama-assn.org/ama1/pub/upload/mm/39/youthbullying.pdf (PDF, 48 Pages)

McCoy, E. What to Do… When Kids Are Mean to Your Child (What to Do Parenting Guides, Vol. 1). Pleasantville, N.Y. : Reader’s Digest, c1997. 96 p. : col. ill. ; 21 cm.

Mishna, F. (2008). An overview of the evidence on bullying prevention and intervention programs. Brief Treatment and Crisis Intervention 8: 327-341.

Perkins, D.F. and Berrena, E, (2002). BULLYING. What Parents Can Do About It. Penn State College of Agricultural Sciences Agricultural Research and Cooperative Extension

Ross, S. W. (2010). Bully Prevention in Positive Behavior Support. Dissertation Abstracts International Section A: Humanities and Social Sciences. Vol.70 (9-A), 2010, pp. 3415.

Skiba, R. and Fontanini, A. (2000) Bullying prevention: what works in preventing school violence. Safe & Responsive Schools. Retrieved August 6, 2010: http://eric.ed.gov/PDFS/ED470431.pdf

Smith, P. K., & Brian, P. F. (2000). Bullying in the Schools. Aggressive Behavior, 26 (1).

Stroud, S., (2009). Fight Fire with Fire. T.H.E. Journal, 36(9) 29-30. “School districts are turning the tables against cyberbullies, using technology to flush out and crack down on online harassment.” http://thejournal.com/articles/2009/10/01/cyberbullying.aspx?sc_lang=en

Sugai, G., Horner, R. H., Dunlap, G., Hieneman, M., Lewis, T. J., Nelson, C.M., Scott, T., Liaupsin, C., Sailor, W., Turnbull, A. P., Turnbull, H. R., & Wickham, D. (2000). Applying positive behavior support and functional behavior assessment in schools. Journal of Positive Behavior Interventions, 2, 131-143.

Swearer, S.M., Espelage, D.L., Vaillancourt, T., and Hymel,S., What Can Be Done About School Bullying? Linking Research to Educational Practice, Educational Researcher. Jan/Feb 2010.

Whitted, K. S., & Dupper, D. R. (2005). Best practices for preventing or reducing bullying in schools. Children and Schools, 27, 167 – 175.

Assessment

Aggressive Behavior – Teacher Checklist (Dodge & Coie, 1987) The Aggressive Behavior – Teacher Checklist consists of 6 statements which measure a child’s aggressive behavior, i.e., using physical force and/or threatening others. Teachers are instructed to mark the response that best applies to a particular child. Ages 6-12, Grades 1-6. From: The Violence Institute of New Jersey at UMDNJ, Searchable Inventory of Instruments Assessing Violent Behavior and Related Constructs in Children and Adolescents To acquire checklist, contact Dr. Kenneth A. Dodge at 919-613-7319 or email [email protected] Bully/Victim Questionnaire (BVQ; Olweus, 1986, 1996) The Revised Olweus Bully/Victim Questionnaire is filled out anonymously by students in a classroom. It consists of 40 questions for the measurement of bully/victim problems, such as exposure to various physical, verbal, indirect, racial, or sexual forms of bullying/harassment, various forms of bullying other students, where the bullying occurs, pro-bully and pro-victim attitudes, and the extent to which the social environment (i.e., teachers, peers, parents) is informed about and reacts to the bullying. Age range- 8-16 yrs., Grade range- 3rd-10^th. From http://vinst.umdnj.edu/VAID/TestReport.asp?Code=ROBVQ To acquire questionnaire, contact Dr. Dan Olweus at [email protected]

Bullying-Behaviour Scale (Austin and Joseph, 1996) The BBC consists of six forced-choice items, three representations of negative physical actions and three depictions of negative verbal actions. Internal consistency reliability of the BBC was satisfactory, and boys were found to score higher than girls on this measure, suggesting that analyses should be conducted separately for boys and girls. This instrument does not measure relational victimization, which is a weakness of the measure. However, the authors believe that the Social Acceptance subscale of the SPPC can indirectly assess this domain. No validity data are reported for the BBC. Hence, further research is necessary, particularly in regard to this instrument’s concurrent validity with self, peer, and teacher reports.

From: Assessment of bullying: a review of methods and instruments.(Assessment & Diagnosis), Journal of Counseling and Development. To acquire scale, contact Dr. Stephen Joseph at: Phone: 44 0 2476 528182 [email protected]

The Comprehensive School Climate Inventory, National School Climate Center The CSCI measures twelve essential dimensions of a healthy school climate in four broad categories: safety, teaching and learning, interpersonal relationships, and the institutional environment as well as two distinct dimensions for personnel only. http://www.schoolclimate.org/programs/csci-cost.php

Measuring Bullying Victimization, Perpetration, and Bystander Experiences: A Compendium of Assessment Tools is a publication of the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention, The Centers for Disease Control This compendium provides researchers, prevention specialists, and health educators with 33 tools to measure a range of bullying experiences: bully perpetration, bully victimization, bully- victim experiences, and bystander experiences. http://www.stopbullying.gov/community/tip_sheets/assessment_tools.pdf

Measuring Student Engagement in Upper Elementary Through High School: A Description of 21 Instruments, Institute for Education Sciences, National Center for Education Evaluation and Regional Assistance This report reviews the characteristics of 21 instruments that measure student engagement in upper elementary through high school. It summarizes what each instrument measures, describes its purposes and uses, and provides technical information on its psychometric properties. http://ies.ed.gov/ncee/edlabs/regions/southeast/pdf/REL_2011098_sum.pdf

Measuring Violence-Related Attitudes, Behaviors, and Influences Among Youths: A Compendium of Assessment Tools, The Centers for Disease Control This compendium provides researchers and prevention specialists with a set of tools to assess violence-related beliefs, behaviors, and influences, as well as to evaluate programs to prevent youth violence. http://www.cdc.gov/ncipc/pub-res/measure.htm

Peer Nomination Instrument (Crick & Grotpeter, 1995) The Peer Nomination Instrument assesses relational and overt aggression, and has been used to identify aggressive children in the classroom. The instrument consists of 19 items, including four subscales designed to assess social behavior. Children are given a class roster and must select up to three classmates who fit the description in each item, such as “children who say mean things to other kids,” or “children who say and do nice things for others.” Items assess relational aggression, overt aggression, pro-social behavior and isolation. Ages 9 -12, Grades 3-6. Description From: The Violence Institute of New Jersey at UMDNJ, Searchable Inventory of Instruments Assessing Violent Behavior and Related Constructs in Children and Adolescents To acquire instrument, contact Dr. Nicki R. Crick, at (612) 624-3347 or email [email protected]

Peer-Preferred Social Behavior Subscale of the Walker-McConnell Scale of Social Competence and School Adjustment (Walker & McConnel, 1995) Focuses on assessing peer-preferred social competencies. Contains positively worded items that reflect adaptive social-behavioral competencies within the school environment. It is highly relevant for assessing social skills in educational settings. Elementary version, grades K-6. Adolescent version, grades 7-12. From: Assessment of Children’s Social Skills: Recent Developments, best Practices, and New Directions, by Kenneth W. Merrell, in EXCEPTIONALITY, 9(1&2), 3–18 Can be acquired at http://www.goodreads.com/

Peer Relations Questionnaire (PRQ; Rigby and Slee, 1993) and the Peer Relations Assessment Questionnaire (PRAQ; Rigby, 1997) PRQ: This was devised by Drs. Rigby and Slee in 1993. It is a comprehensive research questionnaire suitable for students aged 8 to 18 years, takes approximately 30 minutes to complete, and focuses mainly on bullying. Because of its length and complexity, computer based analyses are needed to obtain comprehensive results. PRAQ: These questionnaires are shorter and of more practical value for schools wishing to examine the nature of students’ peer relations in their school. The package includes questionnaires for students, teachers and parents. From: http://www.kenrigby.net/ Click on: Useful questionnaires

on left side of page Click on the underlined link in the paragraph that comes up Determine which form is appropriate for your school Contact Dr Rigby to obtain this form at 08 83021371 or email [email protected] Short version at: http://www.kenrigby.net/prq-child.pdf

School Climate Bullying Survey (SCBS) (Cornell & Sheras, 2003) The School Climate Bullying Survey (Cornell & Sheras, 2003) is a self-report survey used to measure attitudes and behaviors associated with school bullying. It has three school climate scales: Prevalence of Teasing and Bullying, Aggressive Attitudes, and Willingness to Seek Help. It measures the level of bullying and teasing at school as well as other key features of school climate, such as how willing students are to seek help for a threat of violence. These scales are reliable across gender and age groups, and are predictive of several indicators of school disorder. The SCBS was designed to assess the nature and prevalence of bullying at school and to measure specific aspects of school climate that could guide bullying prevention efforts. From: Validity of Three School Climate Scales to Assess Bullying, Aggressive Attitudes, and Help Seeking School Psychology Review, Sep 2009 by Bandyopadhyay, Sharmila, Cornell, Dewey G,

To acquire, contact the Virginia Youth Violence Project at:

Konold, Timothy R

[email protected]

The Student Experience Survey: what school is like for me (Frey, et. al., 2005)

The Student Experience Survey (Attitude Scales) is a 21-item instrument for third- through sixth- grade students designed to assess perceptions and attitudes related to bullying. Students are asked about perceptions of bullying or aggressive behavior, assertiveness skills, and their own and adults’ responsiveness to bullying. The survey can be used as a pre/post measure to evaluate effects of the Steps to Respect program. The survey is administered in classrooms and takes 15– 20 minutes to complete. From: http://www.cfchildren.org/media/files/StR%20Student%20Experience%20Survey.pdf

SurveyMonkey A dedicated page for a “do-it-yourself” survey tool for bullying detection, which includes a 10- question survey that students can adopt in order to distribute and disseminate via email, on fliers, through Facebook, and elsewhere. The application is free to use. www.surveymonkey.com/bullying

Surveys Conducted by the National Center for Education Statistics, including the Crime and Safety Survey, Schools and Staffing Survey, and several longitudinal education surveys This is a list of surveys and studies available through the National Center for Education Statistics. http://nces.ed.gov/surveys/surveygroups.asp?group=1

Evidence-Based Program Databases

Rutgers Safe and Drug-Free Research-Based Program Matrix http://sdfsc.rutgers.edu/page/program/

Blueprints for Violence Prevention http://ibs.colorado.edu/cspv/blueprintsquery/

National Registry of Evidence-based Programs (NREPP) http://www.nrepp.samhsa.gov/

Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice http://www.dsgonline.com/mpg2.5/mpg_index.htm

Office of Safe and Drug-Free Schools Expert Panel, United States Department of Education http://www.ed.gov/admins/lead/safety/exemplary01/panel.html

Preventing Drug Abuse Among Children and Adolescents: A Research-based Guide for Parents, Educators and Community Leaders, National Institute on Drug Abuse http://www.drugabuse.gov/pdf/prevention/RedBook.pdf

Safe and Sound: An Educational Leader’s Guide to Evidence-Based Social and Emotional Learning (SEL) Programs, Collaborative for Academic, Social, and Emotional Learning http://www.casel.org/downloads/Safe%20and%20Sound/1A_Safe_&_Sound.pdf

State and National Online Resources

Cyberbullying Research Center http://www.cyberbullying.us/

Education Northwest http://educationnorthwest.org/

Fight Crime: Invest in Kids http://www.fightcrime.org/

Garden State Equality http://www.gardenstateequality.org/

National Center for School Engagement http://www.schoolengagement.org/

New Jersey Association of School Administrators http://www.njasa.com

New Jersey Association of School Resource Officers http://www.njasro.org

New Jersey Association of School Psychologists http://www.njasp.org

New Jersey Association of School Social Workers http://www.njassw.org

New Jersey Coalition for Bullying Awareness and Prevention http://www.njbullying.org

New Jersey Department of Education, Keeping Our Kids, Safe, Healthy and in School http://www.state.nj.us/education/students/safety/ http://www.state.nj.us/education/students/safety/behavior/hib/

New Jersey Department of Law and Public Safety, Division on Civil Rights http://www.nj.gov/oag/dcr/index.html

New Jersey Education Association http://www.njea.org

New Jersey Parent-Teacher Association http://www.njpta.org

New Jersey Principals and Supervisors Association http://www.njpsa.org

New Jersey School Boards Association http://njsba.com

New Jersey School Counselors Association http://www.njsca.org

New Jersey State Police http://www.njsp.org/

Parents, Families and Friends of Lesbians and Gays http://community.pflag.org/Page.aspx?pid=194&srcid=-2

Stop Bullying.Gov http://www.bullyinginfo.org

United States Department of Education, Institute of Educational Sciences, National Center for Educational Statistics http://nces.ed.gov/

U.S. Department of Education, Office of Safe and Drug-Free Schools http://www2.ed.gov/about/offices/list/osdfs/index.html?src=oc

U.S. Department of Justice, Computer Crime & Intellectual Property Section http://www.cybercrime.gov

U.S. Department of Justice, Office of Justice Programs, National Gang Center http://www.nationalgangcenter.gov

Other Resources

American Federation of Teachers: http://www.aft.org/ – See a Bully, Stop a Bully, Make a Difference Campaign

Facebook: http://www.facebook.com/ – A revamped multimedia Safety Center to incorporate multimedia, external resources from

renowned experts, and downloadable information for teens. – A new “Social Reporting” system to enable people to report content that violates Facebook

policies so that it can be removed as soon as possible, while notifying parents or teachers of the content so that the reasons for its posting can be addressed.

The Federal Partners in Bullying Prevention – Eight federal agencies (Departments of Education, Health and Human Services, Justice, Defense, Agriculture, and Interior, the National Council on Disability and the Federal Trade Commission) joined together to establish the Federal Partners in Bullying Prevention Steering Committee to focus on the following activities: – StopBullying.gov: Provides information from various government agencies on how children,

teens, young adults, parents, educators and others in the community can prevent or stop bullying. – Enforcing Civil Rights Laws: The U.S. Department of Education Office of Civil Rights has

issued guidance as a “Dear Colleague” letter to clarify issues of bullying and violation of federal education anti-discrimination laws. http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf – Shaping State Laws and Policies: The U.S. Secretary of Education has issued a memo to

Governors and Chief State School Officers in each state providing technical assistance and outlining key components of comprehensive and effective state anti-bullying laws and policies. http://www2.ed.gov/policy/gen/guid/secletter/101215.html

National Association of Student Councils: http://www.nasc.us/ – Raising Student Voice and Participation Bullying Challenge (RSVP) Process

National Education Association: http://www.nea.org/ – Bully-Free: It Starts with Me Campaign – Nationwide Study of Bullying: Teachers’ and Education Support Professionals’ Perspectives

National Parents and Teachers Association: http://www.pta.org/bullying.asp – Connect for Respect Campaign

National School Boards Association: http://us.vocuspr.com/Newsroom/MultiQuery.aspx?SiteName=NSBANew&Entity=PRAsset;PR Asset&PublishType=Press+Release;Newsroom+Page&XSL=Welcome&Title=Newsroom&Cac he=&SF_PRAssetUDF_UDF20618=1&PubTypeFilterList=1;0 – Students on Board for Bullying Prevention

New Jersey State Bar Foundation, Teasing and Bullying Program: http://www.njsbf.org/educators-and-students/programs.html

Princeton Center for Leadership Training: http://www.princetonleadership.org/

N.J.A.C. 6A:16, PROGRAMS TO SUPPORT STUDENT DEVELOPMENT

6A:16-7.7 Harassment, intimidation, and bullying

(a) Each district board of education shall develop, adopt, and implement a policy prohibiting

harassment, intimidation, or bullying on school grounds, pursuant to N.J.S.A. 18A:37-15.

Each district board of education shall develop the policy in consultation with, at a

minimum, parents and other community members, school employees, school

volunteers, students, and school administrators.

Each district board of education shall have control over the content of the policy,

except that the policy shall contain, at a minimum, the following components:

A statement prohibiting harassment, intimidation, or bullying of a student;
A definition of harassment, intimidation, or bullying no less inclusive than

that set forth in the definition at N.J.S.A. 18A:37-14 and N.J.A.C. 6A:16

1.3;

iii. A statement that bullying is unwanted, aggressive behavior that may

involve a real or perceived power imbalance;

A description of the type of behavior expected from each student;

Appropriate remedial action for a student who commits an act of

harassment, intimidation, or bullying that takes into account the nature of

the behavior; the nature of the student’s disability, if any and to the extent

relevant; the developmental age of the student; and the student’s history of

problem behaviors and performance. The appropriate remedial action also

may include the following:

(1) A behavioral assessment or evaluation, including, but not limited

to, a referral to the child study team, as appropriate; and

(2) Supportive interventions and referral services, including those at

N.J.A.C. 6A:16-8;

Consequences for a student who commits an act of harassment,

intimidation, or bullying that are:

(1) Varied and graded according to the nature of the behavior; the

nature of the student’s disability, if any and to the extent relevant;

the developmental age of the student; and the student’s history of

problem behaviors and performance; and

(2) Consistent with the provisions of N.J.A.C. 6A:16-7, as appropriate;

vii. Appropriate consequences and remedial action for a staff member who

commits an act of harassment, intimidation, or bullying;

viii. A procedure that allows for reporting, verbally and in writing, an act of

harassment, intimidation, or bullying committed by an adult or youth

against a student. The procedure also shall include a provision that permits

a person to report anonymously consistent with N.J.S.A. 18A:37-15.b(5).

(1) The district board of education shall not take formal disciplinary

action based solely on the anonymous report;

(2) The school district official shall take into account the

circumstances of the incident when providing notification to

parents and guardians of all students involved in the reported

harassment, intimidation, or bullying incident and when conveying

the nature of the incident, including the actual or perceived

protected category motivating the alleged offense;

A procedure for prompt investigation of violation and complaint reports

consistent with N.J.S.A. 18A:37-15.b(6)(a) through (f) and 16.d.

(1) The procedure set forth in the district board of education policy

may include a process prior to initiating an investigation by which

the principal, or his or her designee, in consultation with the anti

bullying specialist, makes a preliminary determination as to

whether a reported incident or complaint, assuming all facts

presented are true, is a report within the scope of N.J.S.A. 18A:37

(A) If a preliminary determination finds the incident or

complaint is a report outside the scope of N.J.S.A. 18A:37

14, the determination may be appealed to the district board

of education, pursuant to district board of education

policies and procedures governing pupil grievances, and

thereafter to the Commissioner in accordance with N.J.A.C.

6A:3.

(2) The procedure also shall include a process by which the district

board of education will investigate a complaint or report of

harassment, intimidation, or bullying, pursuant to (a)2ix above,

occurring on district board of education school buses, at district

board of education school-sponsored functions, and off school

grounds involving a student who attends an approved PSSD.

(A) The investigation conducted by the district board of

education’s anti-bullying specialist shall be in consultation

with the approved PSSD.

(3) To protect the victim, the procedure also shall take into account the

circumstances of the incident when communicating with parents

and when following the provisions of N.J.S.A. 18A:37-15.

(4) Investigations of complaints concerning adult conduct shall not be

investigated by a member of the same bargaining unit as the

individual who is the subject of the investigation.

A requirement for the principal, in conjunction with the school anti

bullying specialist, to define the range of ways in which a school will

respond once an incident of harassment, intimidation, or bullying is

identified, consistent with the range of responses adopted by the board of

education, pursuant to N.J.S.A. 18A:37-15.b(7);

(1) The school district official shall take into account the

circumstances of the incident when responding and, at a minimum,

include support for victims of harassment, intimidation, or bullying

and corrective actions for documented systemic problems related

to harassment, intimidation, or bullying;

A requirement that within five school days after the results of the

harassment, intimidation, or bullying investigation are reported to the

district board of education, information about the investigation shall be

provided in writing to the parents or guardians of students who are party to

a harassment, intimidation, or bullying investigation.

(1) Any request by the parents or guardians for a hearing before the

district board of education concerning the written information

about a harassment, intimidation, or bullying investigation,

pursuant to N.J.S.A. 18A:37-15.b(6)(d), shall be filed with the

district board of education secretary no later than 60 calendar days

after the written information is received by the parents or

guardians.

(2) The hearing shall be held within 10 business days of receipt of the

request.

xii. A statement that prohibits a district board of education member, school

employee, student, or volunteer from engaging in reprisal, retaliation, or

false accusation against a victim, witness, or any person who reports or

has reliable information about an act of harassment, intimidation, or

bullying.

(1) The statement shall include the consequence(s) and appropriate

remedial action(s) for a person who engages in reprisal or

retaliation;

xiii. Consequences and appropriate remedial action for a person found to have

falsely accused another as a means of retaliation or harassment,

intimidation, or bullying;

xiv. A statement of how the harassment, intimidation, and bullying policy is to

be publicized, including notice that the policy applies to participation in

school-sponsored functions and on school buses.

(1) Notice of the district board of education’s policy shall appear in

any publication of the school district that sets forth the code of

student conduct, pursuant to N.J.A.C. 6A:16-7.1, for schools

within the school district;

A requirement that a link to the harassment, intimidation, and bullying

policy be posted prominently on the home page of the school district’s and

each school’s website;

xvi. A requirement that the harassment, intimidation, and bullying policy be

distributed annually to all school staff, students, and parents;

xvii. A requirement that the name of the school district’s anti-bullying

coordinator and his or her school phone number, school address, and

school e-mail address be listed on the home page of the school district’s

website;

xviii. A requirement that the name of the school’s anti-bullying specialist and

his or her school phone number, school address, and school e-mail address

be listed on the home page of the school’s website; and

xix. Provisions for appropriate responses to harassment, intimidation, or

bullying, as defined in N.J.S.A. 18A:37-14 and N.J.A.C. 6A:16-1.3, that

occurs off school grounds in cases in which a school employee is made

aware of the actions or a school administrator should have known of an

incident of harassment, intimidation, or bullying.

(1) Responses to harassment, intimidation, or bullying that occurs off

school grounds shall be consistent with N.J.A.C. 6A:16-7.1 and 7.5

and this section.

(b) A district board of education shall not be prohibited from adopting a harassment,

intimidation, and bullying policy that includes components more stringent than

components set forth in N.J.S.A. 18A:37-15 and (a) above.

student, or volunteer who has witnessed an incident of harassment, intimidation, or

bullying, or has reliable information that a student has been subject to harassment,

intimidation, or bullying shall report the incident to the appropriate school official

designated by the district board of education’s policy, pursuant to N.J.S.A. 18A:37-15

and (a)2viii above, or to any school administrator or safe schools resource officer, who

shall immediately initiate the school district’s procedures concerning harassment,

intimidation, and bullying.

A district board of education member or school employee who promptly reports

an incident of harassment, intimidation, or bullying to the appropriate school

official designated by the district board of education’s policy, or to any school

administrator or safe schools resource officer, and who makes the report in

compliance with the district board of education’s policy, is immune from a cause

of action for damages arising from a failure to remedy the reported incident, as set

forth in N.J.S.A. 18A:37-16.c.

(d) A school administrator who receives a report of harassment, intimidation, or bullying, or

who determines a reported incident or complaint, assuming all facts presented are true, is

a report within the scope of N.J.S.A. 18A:37-14, pursuant to N.J.A.C. 6A:16

7.7(a)2ix(1), and fails to initiate or conduct an investigation, or who should have known

of an incident of harassment, intimidation, or bullying and fails to take sufficient action to

minimize or eliminate the harassment, intimidation, or bullying, may be subject to

disciplinary action.

(e) The district board of education shall:

Annually examine the training needs of school employees and volunteers who

have significant contact with students for the effective implementation of the

harassment, intimidation, or bullying policies, procedures, programs, and

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initiatives of the district board of education and implement training programs for

school employees and volunteers who have significant contact with students,

consistent with N.J.S.A. 18A:37-17.b.

The annual examination of training needs shall take into consideration the

findings of the annual review and update of the code of student conduct,

pursuant to N.J.A.C. 6A:16-7.1(a)2.

Information regarding the district board of education’s policy against

harassment, intimidation, and bullying shall be incorporated into the

school district’s employee training program.

(1) The program shall be provided to full- and part-time staff,

volunteers who have significant contact with students, and persons

contracted by the school district to provide services to students;

Develop a process for annually discussing with students the school district’s

harassment, intimidation, and bullying policy;

Annually conduct a re-evaluation, reassessment, and review of its harassment,

intimidation, and bullying policy, and any report(s) and/or finding(s) of the school

safety/school climate team(s). The district board of education also shall make any

necessary revision(s) to its policy, consistent with N.J.S.A. 18A:37-15.c.

The programs or other responses shall be planned in consultation with, at a

minimum, parents and other community members, school employees, law

enforcement, school volunteers, students, and school administrators;

Annually establish, implement, document, and assess bullying-prevention

programs or approaches and other initiatives designed to create schoolwide

conditions to prevent or intervene in harassment, intimidation, and bullying in

schools of the school district.

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Programs, approaches, and initiatives shall be planned in consultation

with, at a minimum, parents and other community members, school

employees, law enforcement, school volunteers, students, and school

administrators; and

Submit to the executive county superintendent a copy of its approved harassment,

intimidation, and bullying policy within 30 days of its adoption or revision.

(f) The principal of each school in the school district shall appoint a school anti-bullying

specialist to perform the functions established in N.J.S.A. 18A:37-20.a and c.

(g) The chief school administrator of the school district shall appoint a district anti-bullying

coordinator to perform the functions established in N.J.S.A. 18A:37-20.b and c.

(h) The district board of education shall form a school safety/school climate team in each

school in the school district to achieve the purposes and perform the functions established

in N.J.S.A. 18A:37-21.

Pursuant to N.J.SA. 18A:37-21.b, the school safety/school climate team shall

consist of the principal or his or her designee and the following members

appointed by the principal: a teacher in the school, the school anti-bullying

specialist, a parent of a student in the school, and other members determined by

the principal. The team shall be chaired by the school anti-bullying specialist.

A parent shall be on the school safety/school climate team only in regard

to general school climate issues and shall not participate in activities that

may compromise a student’s confidentiality, pursuant to N.J.S.A. 18A:37

21.e.

Other members of the school safety/school climate team who are not

authorized to access student records pursuant to N.J.A.C. 6A:32-7.5 shall

be on the team only in regard to general school climate issues and shall not

participate in activities that may compromise a student’s confidentiality.

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(i) The requirements of this section are promulgated pursuant to N.J.S.A. 18A:37-13 through

32 and shall not be interpreted to prevent a victim of harassment, intimidation, or

bullying from seeking redress under any other available civil or criminal law.

6A:16-7.8 Harassment, intimidation, and bullying in approved private schools for students

with disabilities (PSSDs)

(a) Each approved private school for students with disabilities (PSSD) shall develop, adopt,

and implement a policy prohibiting harassment, intimidation, or bullying on school

grounds.

Each approved PSSD shall develop the policy to include approved PSSD school

grounds, pursuant to N.J.A.C. 6A:16-1.3;

The policy shall include a provision for notifying the appropriate sending

district board(s) of education personnel of the students involved when the

approved PSSD receives a complaint or report of an act of harassment,

intimidation, or bullying occurring on a sending district board of education

school bus, at a sending district board of education school-sponsored

function and off school grounds;

Each approved PSSD shall develop the policy in consultation with, at a minimum,

parents and other community members, school employees, school administrators,

and, as appropriate, school volunteers and students;

Each approved PSSD shall have control over the content of the policy, except that

it shall contain, at a minimum, the following components:

A statement prohibiting harassment, intimidation, or bullying of a student;
A definition of harassment, intimidation, or bullying as set forth in the

definition at N.J.A.C. 6A:16-1.3, except for incidents occurring on a

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sending district board of education bus, at a sending district board of

education school-sponsored function, and off school grounds;

iii. A statement that bullying is unwanted, aggressive behavior that may

involve a real or perceived power imbalance;

A description of the type of behavior expected from all students;
Appropriate remedial action for a student who commits an act of

harassment, intimidation, or bullying that takes into account the nature of

the behavior, the nature of the student’s disability, the developmental age

of the student, and the student’s history of problem behaviors and

performance, and that may include the following:

(1) A behavioral assessment or evaluation, including, but not limited

to, a referral to the individualized education program team of the

sending district board of education, as appropriate; and

(2) Supportive interventions and referral services, including those at

N.J.A.C. 6A:16-8;

Consequences for a student who commits an act of harassment,

intimidation, or bullying that are:

(1) Varied and graded according to the nature of the behavior, the

nature of the student’s disability to the extent relevant, the

developmental age of the student, and the student’s history of

problem behaviors and performance; and

(2) Consistent with the provisions of this subchapter, as appropriate,

and N.J.A.C. 6A:14-7.6(f).

vii. Appropriate consequences and remedial action for a staff member who

commits an act of harassment, intimidation, or bullying;

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viii. A procedure that allows for reporting, verbally and in writing, an act of

harassment, intimidation, or bullying committed by an adult or youth

against a student. The procedure shall also include a provision that permits

a person to report anonymously.

(1) The approved PSSD shall not take formal disciplinary action based

solely on the anonymous report;

(2) The full-time non-teaching principal shall take into account the

circumstances of the incident when providing notification to

parents and guardians of all students involved in the reported

harassment, intimidation, or bullying incident and when conveying

the nature of the incident, including the actual or perceived

category motivating the alleged offense; and

(3) Disciplinary action shall be consistent with the provisions of

N.J.A.C. 6A:14-7.6(f);

A procedure for prompt investigation of violation and complaint reports.

(1) The full-time non-teaching principal, pursuant to N.J.A.C. 6A:14

7.6(d), or his or her designee, shall initiate the investigation within

one school day of the initial report of the incident. The school anti

bullying specialist shall conduct the investigation and the full-time

non-teaching principal may appoint additional personnel who are

not school anti-bullying specialists to assist in the investigation.

The investigation shall be completed as soon as possible, but not

later than 10 school days from the date of the written report of the

incident of harassment, intimidation, or bullying. If information

relevant to the investigation is anticipated but not yet received by

the end of the 10-school-day period, the school anti-bullying

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specialist may amend the initial report of the investigation results

to reflect the information.

(2) The anti-bullying specialist shall report the investigation results to

the full-time non-teaching principal within two school days of the

investigation’s completion.

(3) The full-time non-teaching principal may provide intervention

services; establish training programs to reduce harassment,

intimidation, or bullying and to enhance school climate; and, in

consultation and conjunction with the sending district board of

education pursuant to N.J.A.C. 6A:14-7.6(f), impose discipline,

order counseling as a result of the investigation findings, or take or

recommend other appropriate action.

(4) The full-time non-teaching principal shall report to the appropriate

sending district board(s) of education personnel of the students

who are parties to the harassment, intimidation, or bullying

investigation the results of each investigation no later than five

school days following the investigation’s completion, along with

information on any service(s) provided; training established; and,

pursuant to N.J.A.C. 6A:14-7.6(f), discipline imposed or other

action taken or recommended by the full-time non-teaching

principal.

(5) In accordance with Federal and State law and regulation, the full

time non-teaching principal shall provide parents or guardians of

students who are parties to the harassment, intimidation, or

bullying investigation with information about the investigation,

including the nature of the investigation, the findings, and whether

106

discipline was imposed or services were provided, as appropriate,

to address the incident of harassment, intimidation, or bullying.

The full-time non-teaching principal shall provide the information

in writing within five school days following the investigation’s

completion.

(6) To protect the victim, the procedure also shall take into account the

circumstances of the incident when communicating with parents.

(7) A full-time non-teaching principal who receives a report of

harassment, intimidation, or bullying, or who determines a

reported incident or complaint, assuming all facts presented are

true, is a report of an act of harassment, intimidation, or bullying,

pursuant to N.J.A.C. 6A:16-7.8(a)3ix(8), and fails to initiate or

conduct an investigation, or who has reason to believe an incident

of harassment, intimidation, or bullying occurred and fails to take

sufficient action to minimize or eliminate the harassment,

intimidation, or bullying, may be subject to disciplinary action.

(8) The procedure set forth in the approved PSSD policy may include

a process prior to initiating an investigation by which the full-time

non-teaching principal, or his or her designee, in consultation with

the anti-bullying specialist, makes a preliminary determination as

to whether a reported incident or complaint, assuming all facts

presented are true, is a report of an act of harassment, intimidation,

or bullying, pursuant to (a)3ii above.

(A) If a preliminary determination finds the incident or

complaint is a report outside the scope of the harassment,

intimidation, or bullying definition set forth at (a)3ii above,

107

the determination may be appealed to the sending district

board of education pursuant to district board of education

policies and procedures governing pupil grievances, and

thereafter to the Commissioner in accordance with N.J.A.C.

6A:3.

(9) The procedure shall also include a process by which the approved

PSSD reports to the appropriate district board of education

personnel any complaint or report of harassment, intimidation, or

bullying, pursuant to N.J.A.C. 6A:16-7.7(a)2ix, occurring on

district board of education school buses, at district board of

education school-sponsored functions, and off school grounds

involving a student who attends an approved PSSD.

(A) When a complaint or report of harassment, intimidation, or

bullying involves students from more than one school

district, the sending district board(s) of education of the

victim(s) involved shall initiate the investigation.

A requirement for the full-time non-teaching principal and school anti

bullying specialist to define the range of ways in which a school will

respond once an incident of harassment, intimidation, or bullying is

identified, including an appropriate combination of counseling, support

services, intervention services, and other programs;

(1) The school district official shall ensure all responses take into

account the circumstances of the incident when responding and, at

a minimum, shall include support for a victim of harassment,

intimidation, or bullying and corrective actions, pursuant to

108

N.J.A.C. 6A:14-7.6, for documented systemic problems related to

harassment, intimidation, or bullying;

(2) Once an incident of harassment, intimidation, or bullying is

identified, the full-time non-teaching principal shall determine the

appropriate response to address the individual circumstances in

consultation and conjunction with appropriate sending district

board of education personnel, pursuant to N.J.A.C. 6A:14-7.6(f),

as necessary;

A requirement that allows the parents or guardians of students who are

parties to a harassment, intimidation, or bullying investigation to request a

hearing before the sending district board of education concerning the

information received about a investigation, pursuant to (a)3ix(5) above.

(1) Any request for a hearing before the sending district board of

education shall be filed within 60 calendar days after the written

information about the harassment, intimidation, or bullying

investigation, pursuant to (a)3ix(4) and (5) above, is received by

the sending district board of education and the parents or

guardians.

(2) The hearing before the sending district board of education shall be

scheduled in collaboration with the PSSD and held by the sending

district board of education within 10 business days of the request.

The approved PSSD and the sending district board of education

shall coordinate the policies and procedures for conducting such

hearings;

xii. A statement that prohibits an approved PSSD’s employee, student, or

volunteer from engaging in reprisal, retaliation, or false accusation against

109

a victim, witness, or any person who reports or has reliable information

about an act of harassment, intimidation, or bullying.

(1) The statement shall include the consequence(s) and appropriate

remedial action(s) for a person who engages in reprisal or

retaliation;

xiii. Consequences and appropriate remedial action identified in consultation

and conjunction with the sending district board of education and pursuant

to N.J.A.C. 6A:14-7.6(f) for a student found to have falsely accused

another as a means of retaliation or harassment, intimidation, or bullying;

xiv. A statement that a parent, student, guardian, or organization may file a

complaint with the New Jersey Division on Civil Rights within 180 days

of the occurrence of any incident of harassment, intimidation, or bullying

based on membership in a protected group as enumerated in the Law

Against Discrimination, P.L.1945, c.169 (N.J.S.A. 10:5-1 et seq.);

A statement of how the harassment, intimidation, and bullying policy is to

be publicized, including notice that the policy applies to participation in

approved PSSD-sponsored functions and on school buses operated by the

approved PSSD.

(1) Notice of the approved PSSD’s policy shall appear in any

publication of the approved PSSD that sets forth the code of

student conduct, pursuant to N.J.A.C. 6A:16-7.1;

xvi. A requirement that a link to the harassment, intimidation, and bullying

policy be posted prominently on the home page of the approved PSSD’s

website;

xvii. A requirement that the harassment, intimidation, and bullying policy be

distributed annually to all school staff, students, and parents; and

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xviii. A requirement that the name of the school’s anti-bullying specialist and

his or her school phone number, school address, and school e-mail address

be listed on the home page of the approved PSSD’s website.

(b) An approved PSSD employee, contracted service provider, student, or volunteer who has

witnessed an incident of harassment, intimidation, or bullying, or has reliable information

that a student has been subject to harassment, intimidation, or bullying, shall report the

incident to the full-time non-teaching principal, pursuant to (a)3viii above, or to any

school administrator or safe schools resource officer, who shall immediately initiate the

approved PSSD’s procedures concerning harassment, intimidation, and bullying.

Annually examine the training needs of school employees and volunteers who

have significant contact with students for the effective implementation of the

harassment, intimidation, or bullying policies, procedures, programs, and

initiatives and implement training programs for school employees and volunteers

who have significant contact with students.

The annual examination of training needs shall take into consideration the

findings of the annual review and update of the code of student conduct,

pursuant to N.J.A.C. 6A:16-7.1(a)2.

Information regarding the approved PSSD’s policy against harassment,

intimidation, or bullying shall be incorporated into its training program.

(1) The program shall be provided to full- and part-time staff,

volunteers who have significant contact with students, and persons

contracted by the approved PSSD to provide services to students;

Develop a process for annually discussing with students the approved PSSD’s

harassment, intimidation, and bullying policy;

111

Annually conduct a re-evaluation, reassessment, and review of its harassment,

intimidation, and bullying policy, and any report(s) and/or finding(s) of the school

safety/school climate team(s). The approved PSSD also shall make any necessary

revision(s) to its policy, consistent with N.J.A.C. 6A:14-7.3(a), to strengthen the

policy to prevent, identify, and address harassment, intimidation, and bullying of

students.

The programs or other responses shall be planned in consultation with, at a

minimum, parents and other community members, school employees, law

enforcement, school administrators, and, as appropriate, school volunteers

and students;

Annually establish, implement, document, and assess bullying-prevention

programs or approaches and other initiatives designed to create schoolwide

conditions to prevent or intervene in harassment, intimidation, and bullying in the

approved PSSD.

Programs, approaches, and initiatives shall be planned in consultation

with, at a minimum, parents and other community members, school

employees, law enforcement, school administrators, and, as appropriate,

school volunteers and students; and

Submit to the executive county superintendent a copy of its harassment,

intimidation, and bullying policy in the 2018-2019 school year or within 30 days

of revision.

(d) The full-time non-teaching principal shall appoint a school anti-bullying specialist from

currently employed school staff to act as the primary school official responsible for

preventing, identifying, and addressing incidents of harassment, intimidation, and

bullying in the school and the functions identified pursuant to (a)3ix, ix(1), and x above.

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(e) The approved PSSD shall form a school safety/school climate team to develop, foster,

and maintain a positive school climate by focusing on the on-going systemic processes

and practices in the school and to address school climate issues, such as harassment,

intimidation, or bullying and perform the following functions:

Meet two times per school year;
Receive any complaint(s) of harassment, intimidation, or bullying of students that

has been reported to the full-time non-teaching principal;

Receive copies of any report prepared after an investigation of an incident of

harassment, intimidation, or bullying;

Identify and address patterns of harassment, intimidation, or bullying of students

in the school;

Review and strengthen school climate and school policies to prevent and address

harassment, intimidation, or bullying of students;

Educate the school community, including students, teachers, administrative staff,

and parents, to prevent and address harassment, intimidation, or bullying of

students; and

Execute other duties related to harassment, intimidation, and bullying as requested

by the full-time non-teaching principal;

(f) The school safety/school climate team shall consist of the full-time non-teaching

principal, or his or her designee, and the following members appointed by the full-time

non-teaching principal: a teacher in the school, the school anti-bullying specialist, a

parent of a student in the school, and other members determined by the principal. The

team shall be chaired by the school anti-bullying specialist.

A parent shall be on the school safety/school climate team only in regard to

general school climate issues and shall not participate in activities that may

compromise a student’s confidentiality.

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Other members of the school safety/school climate team who are not authorized to

access student records pursuant to N.J.A.C. 6A:32-7.5 shall be on the team only in

regard to general school climate issues and shall not participate in activities that

may compromise a student’s confidentiality.

The approved PSSD shall provide school safety/school climate team members

with development opportunities that address effective practices of successful

school climate programs or approaches.

(g) The section’s requirements shall not be interpreted to prevent a victim of harassment,

intimidation, or bullying from seeking redress under any applicable civil or criminal law.

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