Tuesday, December 20, 2022

What Educators Should Know About NJ's Anti-Bullying Laws

 Here is the link to my blog post on my law firm's website.  Later, I will explain what teachers and administrators should know in a separate post on my personal blog here.  

The state of New Jersey has some of the strictest anti-bullying laws in the country, with the goal of creating safe and welcoming schools for all students. The Anti-Bullying Bill of Rights Act, enacted in 2011, requires all schools to have a comprehensive anti-bullying policy in place and to take steps to prevent, report, and investigate incidents of bullying.

Under the Act, bullying is defined as "any gesture, any written, verbal, or physical act, or any electronic communication" 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" and that "takes place on school property, at any school-sponsored function, or on a school bus" and "substantially disrupts or interferes with the orderly operation of the school or the rights of other students."

The Act also requires schools to take specific steps to address incidents of bullying.  The long and short of it for admin and teachers is that you really need to know the law.  There are ten steps schools must follow.  

Here are the ten steps that schools must take to address bullying under the Act:
  1. Develop a comprehensive anti-bullying policy: Schools must have a written policy in place that outlines the steps they will take to prevent and address bullying. This policy should include definitions of bullying and harassment, as well as the consequences for perpetrators.
  2. Train teachers and staff: All school employees must receive training on the school's anti-bullying policy and how to recognize and respond to incidents of bullying.
  3. Create a positive school climate: Schools should take steps to create a welcoming and inclusive environment, such as promoting respect and tolerance among students and providing resources for students who may be struggling.
  4. Provide resources for students: Schools should have resources in place to support students who have been victimized by bullying, such as counseling services and support groups.
  5. Investigate all reported incidents of bullying: Schools are required to investigate all reported incidents of bullying, even if the bullying took place off school property or outside of school hours.
  6. Notify parents: Within two school days of receiving a report of bullying, schools must notify the parents or guardians of both the victim and the perpetrator.
  7. Provide support to victims: Schools must provide counseling and other support services to victims of bullying to help them cope with the trauma of the experience.
  8. Implement disciplinary measures: Schools must take disciplinary action against perpetrators of bullying, as appropriate. This may include counseling, detention, or other consequences.
  9. Keep records: Schools must keep records of all reported incidents of bullying and the steps taken to address them.
  10. Review and update the policy: Schools should periodically review and update their anti-bullying policy to ensure that it is effective and in compliance with the Act.
Don't hold back.  Make sure to report it.  Don't justify it and not investigate.  Don't belittle the allegations, even if it's from a parent you don't necessarily always feel represents the entirety of the situation or is aware entirely of a situation. Ensure the time frame for investigations is followed.  Communication to all parties, as laid out in the law, is critical.  The proactive approach is the best.  If you have suspected there is a child who may be subject to bullying, then be super proactive when they complain about teasing or being "othered."  While not every peer conflict is bullying, it's essential we be on the lookout and work hard to create a classroom and school culture that really celebrates and embraces differences.  In younger grades, I recommend reading books about all different kinds of people to your students.

In addition to these legal requirements, schools are also encouraged to take a variety of preventive measures, including training for teachers and staff, creating a positive school climate, and providing resources for students.

It is crucial for schools to take a proactive approach to address bullying, as research has shown that bullying can have serious negative consequences for both the victims and the perpetrators, including academic difficulties, social isolation, and mental health issues. By following the requirements of the Anti-Bullying Bill of Rights Act and taking additional preventive measures, schools can create a safer and more positive learning environment for all students.