Harassment, Intimidation, and Bullying

Harassment, Intimidation, and Bullying …what the new law means for school policies procedures stakeholders a presentation for the Montville Township Board of Education, June 28, 2011 bkg-Montville Township-6-28-11

the new law—purpose “…to strengthen standards for preventing, reporting, investigating, and responding to incidents of bullying”* “…to reduce the risk of suicide among students”* *taken from the presentation “An Overview of Amendments to New Jersey Laws on Harassment, Intimidation and Bullying” which was largely adapted from materials prepared by the Rutgers Safe and Drug-Free Schools and Communities Project in cooperation with the NJ Department of Education bkg-Montville Township-6-28-11

the new law—major changes • Definition • District staff functions • Policies and procedures/regulations • Programs • Training • Reporting bkg-Montville Township-6-28-11

the new law—definition of HIB …Any gesture, any written, verbal or physical act, or any electronic communication • single incident or series of incidents • reasonably perceived as being motivated either by any actual or perceived characteristic such as: race sexual orientation gender gender identity and expression color mental, physical or sensory disability ancestry religion national origin • or by any other distinguishing characteristic… bkg-Montville Township-6-28-11

the new law—definition of HIB …that takes place on school property at any school-sponsored function on a school bus off school grounds …that substantially disrupts or interferes with the orderly operation of the school or the rights of other students, and that… bkg-Montville Township-6-28-11

the new law—definition of HIB …a reasonable person should know under the circumstances the act will have the effect of: • physically or emotionally harming a pupil or damaging the pupil’s property; or • placing a pupil in reasonable fear of physical or emotional harm to his/her person or damage to property; or • insulting or demeaning any pupil or group of pupils; or • creating a hostile educational environment for the pupil: • by interfering with a pupil’s education, or • by severely or pervasively causing physical or emotional harm to the pupil bkg-Montville Township-6-28-11

the new law—Staff Functions District Anti-Bullying Coordinator • Responsible for data collection/reporting • Coordinates District HIB efforts School Anti-Bullying Specialists • Chairs school safety team • Leads investigation of reported HIB incidents School Safety Teams • Develops, fosters, and maintains a positive school climate • Receives HIB complaints/identifies patterns of HIB in school • Principal/designee, teacher, school anti-bullying specialist, parent, others bkg-Montville Township-6-28-11

the new law—policies/procedures Policy includes: • Statement prohibiting HIB of a student • New definition of HIB • Description of behavior expected from students in a Board-approved Code of Pupil Conduct • Consequences and appropriate remedial actions for a person committing an act of HIB • Includes acts of HIB by teachers or other staff towards students • Takes into account the developmental ages of pupils, severity of offenses, and pupils’ histories of inappropriate behaviors bkg-Montville Township-6-28-11

the new law—policies/procedures Policy includes (continued): • Procedure for prompt reporting • Must be reported verbally to the principal on the same day when witnessed or reliable information received; • May be reported anonymously—however, formal disciplinary action is not permitted solely on the basis of an anonymous report; • Principal informs parents of all students involved of alleged incident, including the availability of counseling and other intervention services; • Must be reported in writing to the principal within two school days of verbal report bkg-Montville Township-6-28-11

the new law—policies/procedures Policy includes (continued): • A procedure for prompt investigation of reports of violations and complaints, which procedure shall, at a minimum, provide that: • Investigation is initiated within one school day of verbal report; • Investigation is conducted by the anti-bullying specialist (and additional people at principal’s discretion); • Investigation is completed no later than 10 days from date of written report; • Reports may come from Board of Education members, school employees, contracted service providers, students, or volunteers • May report to any school administrator bkg-Montville Township-6-28-11

the new law—policies/procedures Policy includes (continued): • An investigation procedure outlining reporting of results, consequences (if appropriate), procedures to be followed if a hearing or appeal is desired. • The range of ways in which a school will respond when an incident of HIB is identified, which shall be defined by the principal in conjunction with the anti-bullying specialist, but shall include an appropriate combination of counseling, support services, intervention services, and other programs, including responses for incidents that may occur off school grounds. bkg-Montville Township-6-28-11

the new law—policies/procedures Policy includes (continued): • A statement prohibiting reprisal or retaliation against any person for reporting • A link to the policy on the homepage of the District’s website • Annual distribution of policy to parents and guardians • Stakeholder input into policy • Contact information for the District Anti-Bullying Coordinator and School Anti-Bullying Specialists bkg-Montville Township-6-28-11

the new law—programs • Bullying prevention programs must be established, implemented, documented, and assessed annually • To help create school-wide conditions to prevent and address HIB • “Week of Respect”—first Monday in October • Observed by providing age-appropriate instruction focused on preventing HIB and continued throughout the school year in accordance with the CCCS bkg-Montville Township-6-28-11

the new law—training • “Bullying Prevention Fund” created by DOE to offer training grants to districts—NOT YET ESTABLISHED • Training must be provided for: • Board members • School leaders • Prospective school leaders • Teachers • Prospective teachers • Staff • Volunteers who have significant contact with students • Persons contracted by the District to provide services to students • Anti-Bullying Coordinators and Specialists • NJDOE website tutorial bkg-Montville Township-6-28-11

the new law—reporting • School Report Cards: number and nature of all reports • Two public hearings: • Between 9/1 and 1/1 and between 1/1 and 6/30 • Disaggregated data to include: • Status of all investigations • Nature of the bullying • Names of the investigators • Other non-disciplinary measures imposed • Training conducted or programs implemented to reduce HIB • Link to report on District website • Superintendent reports to DOE; DOE reports to Senate and Assembly bkg-Montville Township-6-28-11

This presentation and the accompanying “Pocket Guide” was compiled with information from the following resources: “An Overview of Amendments to New Jersey Laws on Harassment, Intimidation and Bullying”—presented in Hunterdon County, June 2011, and adapted from the Rutgers Safe and Drug-Free Schools and Communities Project in cooperation with the NJ Department of Education as shared by Robert Riehs, Education Specialist, Hunterdon County Strauss-EsmayAssociates’ 26th Annual Educational Policy and School Law Seminar, “Anti-Bullying Bill of Rights Act,” presentation by Cindy Herrick on June 10, 2011 Presentation by Morris County School Boards Association, March 3, 2011 bkg-Montville Township-6-28-11

Harassment, Intimidation, and Bullying