The Anti-Bullying Bill of
Rights Act
Where Are We Now?
The Role of the Board
____________________________________________
Fredon Twp. Board of Education
February 13, 2017
Michael F. Kaelber, Esq.
Director, Legal and Labor Relations Services ©
New Jersey School Boards Association
413 West State Street, Trenton, New Jersey 08618
All rights reserved. No part of this document may be reproduced in any form or by any means without permission in writing
from NJSBA
Anti-Bullying Bill of Rights Act
P.L. 2010, Chapter 122
Approved January 5, 2011, Effective 9/1/2011
Amending
P.L. 2002, Chapter 83
P.L. 2007, Chapter 129
P.L. 2007, Chapter 303
Amended by P.L 2012, Chapter 1 3/26/12
N.J.S.A. 18A:37-13 et. seq.
Anti-Bullying Bill of Rights Act
2011-2017 Implementation
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Adopted Revised Policy
Enhanced HIB Reporting Required
Prompt Investigation Process
Enhanced Board of Education Role
Reporting, Training, Communication
Personnel, Programs, Services
School District Accountability
GLSEN Report 2015 www.glsen.org
Harassment, Intimidation and Bullying
Board Policy
• Board Policy update required
• Shall adopt policy through process
which includes representation of
– parents/guardians, school employees,
– volunteers, students, administrators and
community representatives
• Must transmit to Executive County
Superintendent (ECS)
• Annually review/transmit to ECS
Harassment, Intimidation and Bullying
School District Programs & Training
• School districts annually establish and
implement programs and approaches
designed to create school-wide conditions to
prevent and address HIB
• School district HIB training for employees,
students, parents and volunteers includes
preventing bullying of protected categories
and other characteristics
• Full, part-time staff, volunteers, contracted
service providers; student contact
Harassment, Intimidation and Bullying
Personnel
• School Safety Team – formed by
school district, develops and fosters
positive school climate, addresses HIB,
meets at least twice per school year
• Includes principal or designee and
principal appointees – teacher, school
anti-bullying specialist (chair), parent,
others determined by the principal
School Safety Team
• Receive HIB Complaints/Copies of
Reports
• Identify and Address Patterns of HIB
• Educate the Community: Students,
Teachers, Staff, Parents
• Participate in Training
• Collaborate with District Coordinator to
Collect Data and Develop Policies
Harassment, Intimidation and Bullying
Annual Policy and Program Review
• Ensure proper staff in place/trained
• Continually examine data
• Require superintendent reports on
prevention/effectiveness
• Evaluate investigation process
• Revise policy where necessary/involve
community
The Policy Process
Policy/Bylaw
Regulation
Define the
Need
Oversee
Get all the
Facts
Implement
Composition of
Policy
Disseminate
Discuss &
Adopt
Anti-Bullying Bill of Rights Act
Where Are We Now?
Outstanding Issues for Boards of Education
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Board Member Reporting of HIB
HIB – student records
CSA report to the board
Board member access to information
Board review of CSA report – written decision,
affirming, rejecting, modifying
• Board level hearings – procedures
• Teacher pre-service
• GLSEN Report 2015 www.glsen.org
Anti-Bullying Bill of Rights Act
Role of the Board
Board Member Reporting of HIB
WHAT IS HIB?
• Can include gestures, written, verbal &
physical acts, & electronic communication
• May be single or series of incidents
• Can take place on school property, schoolsponsored function or school bus, or off
school grounds
Anti-Bullying Bill of Rights Act
Role of the Board
Board Member Reporting of HIB
WHAT IS HIB?
The gesture, act or communication
is reasonably perceived to be motivated
by any actual or perceived characteristic:
Race, color, religion, ancestry, national origin,
gender, sexual orientation, gender identity and
expression, mental, physical or sensory disability or
any other distinguishing characteristic
Anti-Bullying Bill of Rights Act
Role of the Board
The Gesture, Act or Communication:
Substantially disrupts/interferes with orderly operation
of school or rights of other students and
• Has effect of--or creates reasonable fear of-physical/emotional harm to student or damage to
student’s property, or
• Has effect of insulting/ demeaning any student or
group of students, or
• Creates a hostile educational environment for the
student by interfering with student’s education or by
severely or pervasively causing him/her physical or
emotional harm.
Anti-Bullying Bill of Rights Act
Role of the Board
Reporting and Adjudication Process
• Principal
• Anti-Bullying Specialist
• Superintendent (CSA)
• Board of Education
Anti-Bullying Bill of Rights Act
Role of the Board
Superintendent Report to the Board
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Results of each investigation, HIB?
Services provided
Training established
Discipline imposed
Other action taken or recommended by
the superintendent
Anti-Bullying Bill of Rights Act
Role of the Board
Superintendent Report to the Board
Board Review
• Next board of education meeting
following receipt of the report
• Board written decision
• Affirming, rejecting or modifying
superintendent’s decision
Anti-Bullying Bill of Rights Act
Role of the Board
Superintendent Report to the Board
Board Review
Board Member Information Access
• Necessary to make an informed decision;
matter pending before the board.
• Generally accessed through the CSA
• Horner v. Kingsway Regional 5/1/90
• Beatty v. Chester 8/31/99
• Ciambrone v. Bloomingdale 5/7/00
Anti-Bullying Bill of Rights Act
Role of the Board
Superintendent Report to the Board
Parent/Guardian Information Access
• In writing; 5 school days after results
reported to the board
• Nature of investigation; HIB found?
• Discipline imposed?
• Services provided to address incident of
HIB
Anti-Bullying Bill of Rights Act
Role of the Board
Parent/Guardian Board Hearing
• May request a hearing after receiving
information
• Hearing held within 10 days of request
• Executive Session – student
confidentiality
• School Anti-Bullying Specialist
Anti-Bullying Bill of Rights Act
Role of the Board
Board Level Hearings – Procedures
• Request by parent/guardian of bully;
student disciplinary hearings
• Request by parent/guardian of victim
• Anti-Bullying Specialist
• “Hearing” v. “Informal Appearance”
• Witnesses, Cross-examination, Staff
• Role of the board; deliberations
Anti-Bullying Bill of Rights Act
Role of the Board
Board HIB Hearings
Parent Appeal Rights
• Commissioner of Education – 90 days
from board’s decision
• Division of Civil Rights – 180 days from
HIB incident; protected class
• IDEA students
Anti-Bullying Bill of Rights Act
Role of the Board
School District Oversight Issues
• HIB Grades – School and School District
• Violence and Vandalism Reports –
includes HIB reports
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Task Force
2013 - 2016
• Implement all recommendations of the ABTF
• Principal’s role in initiating HIB investigation;
board policy, preliminary determination,
threshold assessment checklist, discretion
• Clarification on definition, power imbalance,
differential; distinguishing characteristics, not
just protected classes
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Task Force
2013 – 2016
• Hazing – NJSIAA/DOE professional
development; role of sports, DOE memo 2014,
MOA should address hazing
• Fund the Bullying Prevention Fund to the level
of need.
• School Safety/School Climate Team –
emphasis on school climate and training for all;
coaches, staff, parents, staff
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Task Force
2013 – 2016
• Use ABRA self assessment grades to inform
school climate plans
• Parent/guardian hearing request – 45 days
• HIB can be adult on student behavior
• ABS conflict – alternative investigator
• HIB information as mandated student records
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Task Force
2013 – 2016
• HIB information as student records
Release of HIB records – AG’s Office
Recordkeeping - DOE Guidance and
Training
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Task Force
2013 - 2016
• HIB Investigations of “vulnerable” students
LGBT, Students with Disabilities
• Sensitivity – particularly LGBT
DOE Guidance – parent communication
• No separate method for LGBT – disparity of
treatment; real danger exception
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Task Force
2013 - 2016
• HIB Investigations of Protected Class
Individuals
– Notify Affirmative Action Officer (AAO)
– AAO and ABS collaborate on investigation
– Add “gender identity and expression” to
protected class list in Managing for
Equality Administrative Code
Anti-Bullying Bill of Rights Act
Where Are We Now?
N.J.A.C. 6A:16 Proposed Amendments
State Board Proposal Level
• School Safety/School Climate Team definition
• Policy contains statement that bullying is
unwanted aggressive behavior that may involve
a real or perceived power imbalance
• Consequences and remedial action for bully
includes consideration of student’s disability, if
any.
Anti-Bullying Bill of Rights Act
Where Are We Now?
N.J.A.C. 6A:16 Proposed Amendments
• “Committed by an adult or youth against a
student.”
• Principal - preliminary determination as part of
the investigation.
• Extension to private schools for students with
disabilities; sending board of education
parent/guardian hearings
Anti-Bullying Bill of Rights Act
Where Are We Now?
N.J.A.C. 6A:16 Proposed Amendments
• Parent/guardian hearing requests – 45 calendar
days
• Hearing held within 10 business days of request
• Annual policy review includes consideration of
reports/findings of school safety/school climate
team; includes law enforcement
Anti-Bullying Bill of Rights Act
Where Are We Now?
Violence and Vandalism in the
Schools Report 2014-2015
• Total Number of Incidents Reported
– 2010-2011 – 17,386 2011-2012 – 26,139
– 2012-2013 – 21,170 2013-2014 – 19,167
– 2014-2015 – 18,332
• Number of confirmed HIB incidents
– 2011-2012 - 12,024 2012-2013 – 7,740
– 2013-2014 – 6,515
2014-2015 – 6,214
Anti-Bullying Bill of Rights Act
Where Are We Now?
Violence and Vandalism in the
Schools Report 2014-2015
• Number of HIB Investigations
– 2011-2012 - 35,552 2012-2013 – 21,934
– 2013-2014 – 19,781 2014-2015 – 18,635
• Other Distinguishing Characteristics
– 2011-2012 - 62.3%; 2012-2013 – 60%;
– 2013 - 2014 – 58% 2014-2015 – 55%
Anti-Bullying Bill of Rights Act
Where Are We Now?
Violence and Vandalism in the
Schools Report 2014-2015
• Other Distinguishing Characteristics – 55%
• Race – 17% (19%, 15%, 8.4%)
• Sexual Orientation – 12% (12%, 12%,10.7%)
• Gender – 12% (10%,11%,9.9 %)
• Mental, Physical or Sensory Disability – 9% (9%, 9.4)
• Gender Identity & Expression – 3% (4%, 5%, 4.5%)
Anti-Bullying Bill of Rights Act
Where Are We Now?
Violence and Vandalism in the
Schools Report 2011-2012
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Grades K-2
Grades 3-4
Grades 5-6
Grades 7-8
Grades 9-10
Grades 11-12
857
1,618
3,003
3,874
2,293
1,456
6.5%
12.4%
22.9%
29.6%
17.5%
11.1%
Anti-Bullying Bill of Rights Act
Where Are We Now?
Violence and Vandalism in the
Schools Report 2012-2013
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Grades K-2
Grades 3-4
Grades 5-6
Grades 7-8
Grades 9-10
Grades 11-12
382
1,001
2,112
2,600
1,377
817
4.6%
12.1%
25.5%
31.4%
16.6%
9.9%
Anti-Bullying Bill of Rights Act
Where Are We Now?
Violence and Vandalism in the
Schools Report 2013-2014
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Grades K-2
Grades 3-4
Grades 5-6
Grades 7-8
Grades 9-10
Grades 11-12
337
885
1,912
2,600
1,356
816
4.2%
11.2%
24.2%
32.9%
17.2%
10.3%
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Case Law
HIB Findings
• W.C.L. and A.L. o/b/o L.L. v. Board of
Education of the Borough of Tenafly –
1/10/13
Woi Chen Lim and Linwen Mao o/b/o L.L v.
Massaro, Trager and Board of Education of the
Borough of Tenafly
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Case Law
HIB Findings
• Sadloch, Manzo, Gogertz, Weber and Sinisi
v. Board of Education of the Township of
Cedar Grove – 6/23/15
• G.C. o/b/o C.C. v. Board of Education of the
Township of Montgomery 4/22/16
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Case Law
HIB Findings
• R.A. o/b/o B.A. v. Board of Education of the
Township of Hamilton 6/22/16
• Gibble v. Hunterdon Central BOE (7/13/16)
• L.P. and H.P. o/b/o L.P. v. Board of
Education of the West Morris Regional High
School District (7/2016)
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Case Law
HIB Findings
• S.C. o/b/o K.C. v. Bd. Of Ed. of the Twp. of
Montgomery 8/11/16
• D.D.K. o/b/o D.K. v. Bd. Of Ed. of the Twp. of
Readington 11/16/16
• G.J. o/b/o S.J. v. Bd. Of Ed. of the Twp. of
Plumsted 11/22/16
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Case Law
HIB Findings
• J.L. o/b/o A.L. v. Bd. Of Ed. of the
Bridgewater-Raritan Regional School District
12/9/16
• M.R. o/b/o M.R. v. Bd. Of Ed. Of the
Ramapo-Indian Hills Regional School District
12/21/16
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Case Law
HIB Findings
• R.S. o/b/o G.M. v. State Operated School
District of the City of Paterson 1/13/17
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Case Law
New Jersey Superior Court
• V.B. v. Flemington-Raritan Board of
Education and Hunterdon Central Regional
Board of Education; Hunterdon Central and
Flemington-Raritan Regional v. C.W., J.A.
and K.I. Dkt. No. HNT-L-95-13, March 12, 2014
Dismissal of board’s complaint against
parents of bullies August 4, 2015
Anti-Bullying Bill of Rights Act
Where Are We Now?
New Jersey Anti-Bullying Case Law
New Jersey Superior Court
• State of New Jersey v. Emilio Perez, App.
Div. Dkt. No. A 2414-13T2 – July 10, 2015
• In re Tenure Hearing of Geiger & Jones,
App. Div. Dkt. No. A-1049-13T2 –
November 18, 2015
Remand Commissioner June 6, 2016
Anti-Bullying Bill of Rights Act
Where Are We Now?
How does a school district pay for the
increased costs to implement its enhanced
HIB program?
• Bullying Prevention Fund
• Commissioner Request
NJSBA/NJASA/NJASBO
HIB Survey
$2.2 million total cost among 206
respondents
• Professional development, $451,292
(avg. $3,959)
• Materials and software, $444,319
(avg. $4,534)
• Programs and initiatives, $223,029
(avg. $3,431)
• Personnel, $1,084,065 (avg. $25,211)
NJSBA/NJASA/NJASBO
HIB Survey
Personnel costs (most frequently cited):
• 39% — Increased compensation for existing
staff member designated as Anti-Bullying
Coordinator
• 32% — Increased compensation for AntiBullying Specialists
• 20% — Increased compensation for other
personnel who took on coordinator’s or
specialist’s previous duties
• 15% – Hired new staff member as coordinator.
Anti-Bullying Bill of Rights Act
Where Are We Now?
In Re Allamuchy Twp.
www.state.nj.us/localmandates/pending/
Allamuchy.html
• What is the Council on Local Mandates
Decision?
• What does it mean for school districts? For
anti-bullying efforts?
• P.L. 2012 c. 1 – Did it eliminate the issue?
Anti-Bullying Bill of Rights Act
Where Are We Now?
Bullying Prevention Fund
Appropriations
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2011-2012
2012-2013
2013-2014
2014-2015
2015-2016
2016-2017
$ 1,000,000
$0
$ 1,000,000
$0
$0
$0
QUESTIONS