LEGAL ONE ADVANCED NEW JERSEY’S ANTI-BULLYING ......NEW LAW •January 5, 2011 Governor Christie signed into law the “Anti-Bullying Bill of Rights” •New law went into effect

NEW JERSEY’S ANTI-BULLYING BILL OF RIGHTS

INTRODUCTION

Pleasantville School District – HIB Training 2

NEW LAW

• January 5, 2011 Governor Christie signed

into law the “Anti-Bullying Bill of Rights”

• New law went into effect July 1, 2011

• Compared HIB to other behaviors that

“disrupt” a student's ability to learn and a

school‟s ability to educate students in a safe

environment.

• Amends the 2002 anti-bullying law and 12

other laws.


HIB in the NEWS

• Tyler Clementi: 18 year old Rutgers

freshman committed suicide after an

encounter with another man was streamed

live on the internet.

• Phoebe Prince: High School student in

Massachusetts subjected to cyber bullying

though text messages and Facebook

hanged herself.


“…to strengthen standards for preventing,

reporting, investigating, and responding to

incidents of bullying”

“…to reduce the risk of suicide among students”

PURPOSE OF NEW LAW

Suicide is the third leading killer of children ages 13-18


KEY ISSUESWhat‟s new?

• New, broader definition

• Requires a comprehensive district policy

• Addresses conduct away from school grounds

• Creates School Safety Teams

• Requires Anti-Bullying Specialist in every

school

• Requires Anti-Bullying Coordinator for district

• New investigation, reporting, discipline,

appeal procedures


…KEY ISSUES

• New state reporting requirements on

incidents of HIB

• New grading procedure for schools and

districts

• New training requirements

• Clarifies instances where school employee

may be subject to disciplinary action


BILL OF RIGHTS

• Right to have HIB Reported

• Right to have HIB Investigated

• Right to Consequences and Remedial Action

• Right to Board of Education Oversight

• Right to Civil and Criminal Redress

• Right to ensure Staff and Students understand HIB

• Right to Confidentiality

• Right to have Parents informed


DEFINITIONDo you know it when

you see it??


WHAT IS HIB?

• Not getting invited to a birthday party

• Mean comments on Facebook

• Name calling

• Not getting picked in gym class

• Fighting over a girlfriend/boyfriend


TRADITIONAL DEFINITION


Bullying is when a stronger, more powerful

person hurts or frightens a smaller or

weaker person deliberately (on purpose) and

repeatedly (again and again).

The Commission‟s # 1 recommendation:

Amend the statutory definition of HIB in the ABL to

incorporate the critical concept of “power differential”

between the bully and the victim.

THIS WAS IGNORED

NEW DEFINITIONElements…

• A BEHAVIOR

• MOTIVATION

• LOCATION

• EFFECT


NEW DEFINITION“Harassment, Intimidation or Bullying”

(“HIB”)

TYPES OF BEHAVIORS:

• Includes ANY gesture, or

• ANY written, verbal or physical act, or

• ANY electronic communication

• Can be a single incident or series of incidents


DEFINITION….

THAT IS BELIEVED TO BE MOTIVATED BY….

• ANY actual OR PERCEIVED characteristic

• EXAMPLES: race, color, religion, ancestry,

national origin, gender, sexual orientation,

gender identity and expression, or

mental/physical/sensory disability, or

• ANY OTHER DISTINGUISHING CHARACTERISTIC


Definition…

LOCATION OF BEHAVIOR…

….That Takes Pace

• On school property

• At school-sponsored function

• On a school bus

• Off school grounds (including cyber-bullying)


DEFINITION…EFFECT OF BEHAVIOR…

…that causes substantial disruption or interference

with the orderly operation of the school or the rights

of other students and that…(this…plus)

• Insults or demeans a student or group of students

(OR)

• Creates hostile educational environment for student

by interfering with student‟s education (OR)

• Places student in fear of or actually causes physical

or emotional harm or damage to property


DEFINITION…A reasonable person should know that the behavior

would have the effect of:

• physically or emotionally harming the student

• damaging the students property

• placing the student in fear physical or emotional

harm or in fear his property would be damaged

• insulting or demeaning the student

• creating a hostile educational environment

Interfering with students education

Pervasively causing physical or emotional harm


CONDUCT OFF SCHOOL GROUNDS

• Duty goes beyond “door to door”

• Examples:

student in fight at park over perceived sexual

orientation, student fearful and distracted in

school;

cyberbullying created at home through peer‟s

Facebook page or Twitter account, and student „s

grades begin to drop


CONDUCT OFF SCHOOL GROUNDS

• When an employee is made aware of the behavior.

• Creates a substantial disruption in school

• Raises interesting questions…..

You coach the local football team

You are a Boy Scout leader

A parent in the community


THE BASICSWhat is HIB?

• Single incident or series of incidents

• Based on a distinct characteristic

• On or off school property

• Behavior must substantially disrupts the orderly

operation of the school or the rights of other

students.

• Behavior must meet one of the following:

Cause physical or emotional harm

Be insulting or demeaning

Create hostile educational environment


SO WHAT IS HIB?

• Name calling

• Teasing

• Gossiping

• Isolating

• Manipulating

• Humiliating

• Coercing

• Extorting

• Terrorizing

• Sexual Harassment

• Touching

• Poking

• Kicking

• Choking

• Tickling

• Shunning


ADVICEIs it Bullying?

• Please use you life‟s experience, and common

sense.

• Things to look for:

Behavior meant to demean or insult

Power differential- is one student in a clearly less powerful

position?

Is the “victim”- mad, upset, embarrassed.

• If in doubt REPORT!


REPORTINGNo more innocent

bystanders!


WHOWHATWHEN

WHERE


REPORTING

Who MUST Report HIB?

• Members of the BOE

• School Employee

• Contracted Service Provider

• Student

• Volunteer

If witness HIB or

If Have reliable information that a student

has been subjected to HIB

REPORTING


Must permit and act on anonymous reports

Cannot take formal disciplinary action on

basis of anonymous report alone

ANONYMOUS REPORTS


• Drop boxes in certain locations

• Online reporting through Sprigeo

TO WHOM DO YOU REPORT?

Pleasantville School District – HIB Training

• Principal

if unavailable…

• Any other administrator

• A School Resource Officer

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REPORTING TIMELINE


• Must be reported verbally on the same day

HIB is witnessed or receive reliable

information.

• Must provide written report within 2 school

days HIB is witnessed or you receive reliable

information

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REPORTING FORM


• Fill-in the blank forms will be available online.

• Copy provided for your review

• Get time stamped copy from secretary

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HIB Form (and)

Continue to use referrals

REPORT TO…PARENTS


• Principal must inform parents of all students

involved in alleged HIB incidents on the day they

receive the initial report.

• Principal may discuss, as appropriate, the

availability of counseling and other intervention

services.

• Should be done on same day as reported

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REPORTING IMMUNITY


Any school employee who promptly reports

HIB in compliance with the District‟s policy

is immune from any action for damages

resulting from any failure to remedy the

reported incident.

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ADVICE


• REPORT – IMMEDIATELY

• Complete Referral with the Reporting Form – usually

• If possible have a copy to be signed off on or time

stamped.

• Once you report don‟t discuss

• Think about DYFS Standard

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HIB STAFF


• Manage effort

• Investigate

• Provide PD

• Lead School Safety Teams

New School District Staff Functions

• Anti-Bullying Coordinator (District)

• Anti-Bullying Specialist (School)

• School Safety Team (School)

NEW STAFF


NEW STAFF…ANTI-BULLYING SPECIALIST

• New position – every school

• Principal appoints

• Guidance counselor, school psychologist or

other “similarly trained” individual

• If none of above available, appoint someone

else from staff


District Anti-bullying Team

Mark Delcher Anti-bullying Coordinator District

Mary Gillespie School Specialist Middle School

Steve Katzen School Specialist High School

Susan Arthur School Specialist Washington

Cynthia Stocks School Specialist South Main

Mark Santanello School Specialist North Main

Candice Kelsey School Specialist Leeds

PLEASANTVILLE‟S

ANTI-BULLYING SPECIALISTS


ANTI-BULLYING SPECIALIST

DUTIES:

• Responsible to LEAD investigations

• Primary official responsible for preventing, identifying

and addressing incidents

• Chair the newly-created School Safety Team


SCHOOL SAFETY TEAMS

• Chaired by Anti-Bullying Specialist

• Includes principal or designee, teacher, parent,

other members as determined by principal

• Must meet twice a year


SCHOOL SAFETY TEAM…DUTIES:

• Receive complaints reported to principal

• Receive copies of investigation reports

• Review and strengthen school policies

• Identify and address patterns of bullying in school

• Participate in training programs

• Collaborate with district Anti-Bullying Coordinator to

collect and develop policies

• PARENT EXCLUDED FROM HAVING INFO ON

SPECIFIC INCIDENTS OR ROLE IN IDENTIFYING

PATTERNSPleasantville School District – HIB Training 39

ANTI-BULLYING COORDINATOR

• Superintendent must appoint from existing staff

• DUTIES

Coordinate and strengthen policies

Collaborate with school anti-bullying specialists

Provide data to NJDOE

Meet at least 2 times per year with Anti-bullying

Specialists


INVESTIGATIONS


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Why investigate?

Eliminate HIB

Treat Offenders

Help Victims

WHY INVESTIGATE

HIB INVESTIGATIONS… when

• Verbal report must be made to principal on same

day incident occurs

• Follow-up written report within 2 school days of

verbal report

• Principal must initiate investigation within one

school day of receiving report (ABS)

• DETAILED, SPECIFIC TIMELINES


INVESTIGATIONS…

• Principal may take interim measures pending

results of the investigation. (Based on referral or

initial HIB Report)

• Counseling

• Modifying educational program

• Discipline

• May include disciplining the alleged bully pursuant

to the Student Code of Conduct


INVESTIGATIONS… who• Investigation must be conducted by Anti-Bullying

Specialist

• Must complete as soon as possible, no later than

10 school days from date of the written report

• Must give report to superintendent within 2 school

days of completing investigation

• May amend report if additional information is

obtained after report is completed.


INVESTIGATIONS…Investigation conducted by the Anti-Bullying

Specialist will consist of the following:

• Interviewing students (discretionary whether to notify

parents regarding speaking to child)

• Interviewing teachers

• Interviewing witnesses

• Looking at video tape

• May include speaking to parents

• Reviewing student‟s discipline file


INVESTIGATIONSafter completed….

Principal in consultation with ABS must decide

what actions to take upon receipt of the

investigative report:

• Intervention services

• Training programs

• Impose discipline

• Order counseling


CONSEQUESNCES AND

REMEDIAL ACTIONS


REMEDIAL MEASURES

Correction Prevention Protection

• Personal

• Factors: Life skill deficiencies, social relationships, academics

• Measures: Restitution, Counseling, Parent Conference

• Environmental:

• Factors: School culture, family situation

• Measures: Policy revisions, Surveys, Bully prevention programs,

schedule changes


CONSEQUENCES• Factors:

• Maturity, age of the parties

• Degree of harm

• Nature and severity of behaviors

• Prior acts

• Consequences:

• Positive behavior intervention

• Deprivation of privileges

• Punishment

• Detention


CONSEQUENCES

• Appropriate Response Must Include

• Counseling

• Support services

• Intervention services

• Be consistent with district‟s Code of Conduct

• HIB is now one of the enumerated acts that

constitute good cause for suspension or

expulsion.


SuperintendentBoard of Education

Parents



SUPERINTENDENT• The Report and the principal‟s response to the

alleged HIB is forwarded to the Superintendent.

• Superintendent must indicate in writing whether

to accept , reject or modify the principal‟s actions.

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Remember, ever reported act of

HIB will eventually be reviewed

by the Superintendent!


BOARD OF EDUCATION• The Report , the principal‟s response to the alleged

HIB, and the superintendent‟s decision is forwarded

to the Board of Education.

• At the BOE meeting following the investigation

• Board of Education must indicate in writing whether

to accept , reject or modify the principal‟s actions.

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The Remember, ever reported act of

HIB will eventually be reviewed by

the Board of Education!


BOARD OF EDUCATION

• The Report to the BOE must include:

• Services provided

• Training established

• Discipline imposed

• Other actions taken or recommended by the

superintendent

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PARENTS• Remember parents of all parties involved have right to

receive information within one day if initial reporting of

incident.

• After investigation principal must contact parents with

outcome of investigation and decision on consequences.

• Must provide information within 5 school days after

results of investigation reported to BOE

• Any parent may request a hearing before the BOE after

receiving information, must be provided within 10 days of

request


PARENTS…

• Parents of the students who are parties to the

investigation must be given the following

information:

• Nature of the investigation

• Whether HIB was found

• Whether discipline was imposed

• Whether services were provided


PARENTS… Appeal

Superintendent's decision

• Any parent may request a hearing before the BOE,

must be done within 5 days of report going to BOE.

• Must be held within 10 days of request

• BOE shall meet in executive session for the

hearing

• BOE may hear from school anti-bullying specialist

about the incident, recommendations for discipline

or services, or programs instituted


PARENTS…• Board must issue a decision in writing at next BOE

meeting following receipt of report or after a

hearing to Affirm, Reject or Modify.

• Parents of parties may appeal decision to

Commissioner of Education within 90 days

• Parents of alleged victim may separately file

complaint with NJ Division on Civil Rights within

180 of alleged incident (LAD)

• Parents may also file in Superior Court or federal

district court (LAD)


EMPLOYEE DISCIPLINE• School Administrator who fails to initiate or

conduct an investigation, OR

• Who SHOULD HAVE KNOWN of an incident and

fails to take action is subject to being disciplined

• Range of possible discipline – memo, increment

withholding, tenure charges

• Board members may not engage in reprisals

against witnesses or victims


FALSE ALLEGATIONS


The law contains the consequences and

appropriate remedial action for a person

found to have falsely accused another as a

means of HIB

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STATE REPORTING

• State Report Card will include bullying info

• Two times each year, district must report to board

on acts of violence, vandalism and bullying (Once

Sept 1 – Jan.1/Once Jan. 1 – June 30)

• Must report data to NJDOE

• Type and number of incidents, with breakdown of

reasons for bullying incidents (race, ethnicity,

sexual orientation, etc.)


WEEK OF RESPECT


• The week beginning with the first Monday in October of

each year is designated as a “Week of Respect” in the

State of New Jersey

• School districts must observe the week by providing age-

appropriate instruction focusing on preventing HIB

• Throughout the school year the school district must

provide ongoing age-appropriate instruction on

preventing HIB in accordance with the core curriculum

content standards

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TRAINING REQUIRED• School districts must provide annual training for all staff

on HIB

• Must include suicide prevention

• Alternate candidates must nor complete a HIB program

• Teachers must complete 2 hours of HIB training every PD

cycle

• Must be part of required 12 hours of training that all

school leaders must complete

• Required for school leader prep by 2012


RULES TO LIVE BY

• No time like the present

• If you don‟t write it down …it didn‟t happen

• No good deed goes unpunished

• If you discarded it you‟ll need it

• Always proofread your work

• You are being recorded

• When in doubt ask for help!


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1. Bullying is more than just

teasing.

2. Anyone can be a bully.

3. Anyone can be a victim.

4. Bullying isn‟t a modern

problem.

5. Bullying affects everyone.

6. Bullying is a serious

problem.

7. We can work together

to find solutions.

8. A comprehensive plan

will produce the best

results.

9. Children a risk can be

helped.

10. Schools are

responsible for

protecting students.

FACTS ABOUT BULLYING

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HOT SPOTS

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Thank you for attending this Anti-Bullying program

If you have any questions please call Mark Delcher at 383-6800, ext. 2542

LEGAL ONE ADVANCED NEW JERSEY’S ANTI-BULLYING ......NEW LAW •January 5, 2011 Governor Christie signed into law the “Anti-Bullying Bill of Rights” •New law went into effect

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