Bullying/Harassment
2008 Bullying Prevention Law defines bullying and requires each school district to prohibit bullying and reprisal, retaliation or false accusation against a target, witness or one with reliable information about an act of bullying. The Act requires each school district and charter school to establish a policy which includes the following components: (1) A statement prohibiting bullying on school property, at school functions, or by the use of data or computer software accessed through a computer, system, network or other electronic technology of a school district, (2) A definition of bullying no less inclusive than that in the Act, (3) Direction to develop a school-wide bullying prevention program, (4) A requirement that each school establish a committee responsible for the coordination of the school's bullying prevention program, (5) A requirement for school employees to report information regarding suspected targets of bullying, (6) A plan for a system of supervision in non-classroom areas, (7) Consequences for bullying and a statement prohibiting retaliation following a report, (8) A requirement for parental notification and procedures for a student and parent, guardian or caregiver to provide information on bullying activity, (9) A requirement that incidents must be reported to the Department of Education within five working days, (10) Procedures for communization between school staff members and medical professionals involved in treating students for bullying issues, and (11) A requirement that the school bullying prevention program be implemented throughout the year, and integrated with the school's discipline policies. The Act requires the Department of Education to develop a model policy for school districts to follow. It also provides immunity to individuals involved in reporting acts of bullying in the school environment.
Administrative Code 14:601 (2002) requires the Superintendent of each school district and program administrator for each charter school and alternative school or consortia to report to the Department of Education incidents, within five days of occurrence, of bullying.
Code 11:1311 (1953) states that harassment, which is any attempt to harass, annoy, or alarm another person, is a class B misdemeanor offense.
Code 14:4112 (no date available) also requires any school employee with reliable information of the sexual harassment of a student under the age of 18 on school property or at a school function to report the incident to the principal. The principal is not required to contact the police, but must file a written report with the Department of Education.
Cyber Bullying
2008 Bullying Prevention Law defines bullying and requires each school district to prohibit bullying and reprisal, retaliation or false accusation against a target, witness or one with reliable information about an act of bullying. The Act requires each school district and charter school to establish a policy which includes a statement prohibiting bullying on by the use of data or computer software accessed through a computer, system, network or other electronic technology of a school district (Cyber Bullying).
Hazing
Code 14:9303 (no date available) states, Any person who causes or participates in hazing commits a class B misdemeanor."
Code 14:9304 (no date available) requires all educational institutions to adopt a written anti-hazing policy, with penalties including fines, withholding diplomas and transcripts, probation, suspension, or dismissal from school. Organizations who authorizes hazing may be prohibited from operating and have their official recognition revoked by the educational institution.
Source: National Association of State Boards of Education
Last Updated: 5/11/2009
