Bullying/Harassment
N.J.S.A. 18A:37-14-17 (2007) and State Board of Education Administrative Code N.J.A.C. 6A:16-1.3 define harassment, intimidation and bullying and requires each school district to adopt adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus. The policy must define and prohibit harassment, intimidation and bullying, outline expectations for student behavior and consequences and remedial action for students committing acts, describe procedures for reporting and investigation of acts, and plans for response. Schools must post the policy on the school district's website and distribute it annually to parents and guardians.
N.J.S.A. 18A:37-17 (2002) encourages schools and school districts to establish bullying, harassment prevention programs. However, N.J.S.A. 18A:40A-17(c) and State Board of Education Administrative Code N.J.A.C. 6A:16-7.9(d)1i require information regarding the bullying policies to be incorporated into a school's employee training program, and N.J.S.A. 18A:37-17(b) and State Board of Education Administrative Code N.J.A.C. 6A:16-7.9(d)2 require districts to develop a process for discussing the districts bullying and harassment policies with students.
N.J.A.C. 6A:16-7.9(d)1 (2005) requires school districts to annually review the training needs of staff for the implementation of the policies.
State Board of Education Administrative Code N.J.A.C. 6A:16-7.9(d)3 (2005) requires the annual review of the extent and characteristics of harassment, intimidation and bullying and implement the program or other responses, as appropriate.
In L.W. v. Toms River Regional Schools Board of Education (2007) the Supreme Court of New Jersey determined that a school district may be held liable under the New Jersey Law Against Discrimination (LAD) (N.J.S.A. 10:5-1 to -49) when students harass another student because of their perceived sexual orientation. The opinion states "When assessing a school district's liability, the factfinder must determine whether the district, with actual or constructive knowledge of the maltreatment, took actions reasonably calculated to end the harassment."
Cyber Bullying
State Board of Education Administrative Code N.J.A.C. 18A: 37-15.1 (2007) requires "electronic communication" to be included in a school district's policy on prohibiting harassment, intimidation or bully ing. Statute 18A:37-14 defines "electronic communication" as a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager.
Hazing
As described in the required Memorandum of Agreement Between Education and Law Enforcement Officials (MOA), pursuant to State Board of Education Administrative Code N.J.A.C. 6A:16-6.2(b)13, hazing may be considered to be bullying. Common bullying offenses include assault, harassment, threats, robbery, and sexual offenses. The MOA establishes that the school district must report to law enforcement officials any hazing incident that involves a criminal offense, and reminds school officials that hazing which involves the participation of a coach or a teacher may constitute child abuse in some circumstances.
Source: National Association of State Boards of Education
Last Updated: 9/10/2009
