Text of NJ A 3282 (2010)

ASSEMBLY, No. 3282 STATE OF NEW JERSEY 214th LEGISLATURE INTRODUCED OCTOBER 7, 2010 Sponsored by: Assemblyman PETER J. BARNES, III District 18 (Middlesex) Assemblyman PATRICK J. DIEGNAN, JR. District 18 (Middlesex) SYNOPSIS Includes nonpublic schools and incidents occurring off school grounds in school bullying law and provides greater protections for victims of bullying. CURRENT VERSION OF TEXT As introduced. An Act concerning harassment and bullying prevention in schools and amending P.L.2002, c.83 , P.L.2007, c.129, and P.L.2007, c.303. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 2 of P.L.2002, c.83 (C.18A:37-14) is amended to read as follows: 2. As used in this act: "Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager; "Harassment, intimidation or bullying" means 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 handicap, or by any other distinguishing characteristic, [that takes place on school property, at any school-sponsored function or on a school bus] and that: a. a reasonable person should know, under the circumstances, will have the effect of harming a student or damaging the student's property, or placing a student in reasonable fear of harm to his person or damage to his property; or b. has the effect of insulting or demeaning any student or group of students in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school. (cf: P.L. 2007, c.129, s.1) 2. Section 3 of P.L.2002, c.83 (C.18A:37-15) is amended to read as follows: 3. a. Each school district and nonpublic school shall adopt a policy prohibiting harassment, intimidation or bullying [on school property, at a school-sponsored function or on a school bus] of a student . The school district or nonpublic school shall attempt to adopt the policy through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives. b. A school district or nonpublic school shall have local control over the content of the policy, except that the policy shall contain, at a minimum, the following components: (1) a statement prohibiting harassment, intimidation or bullying of a student that takes place (a) on school property, at any school-sponsored function, or on a school bus, or (b) at a location, activity, function, or program that is not school-related, if the harassment, intimidation or bullying has the effect of insulting or demeaning any student or group of students in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school ; (2) a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2 of P.L.2002, c.83 (C.18A:37-14); (3) a description of the type of behavior expected from each student; (4) consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying; (5) a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment, intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report; (6) a procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal's designee as the person responsible for the investigation; (7) the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified; (8) a statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation; (9) consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation or bullying; (10) a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions and to harassment, intimidation or bullying that occurs at a location, activity, function, or program that is not school-related; [and] (11) a requirement that the policy be posted on the school district's website and distributed annually to parents and guardians who have children enrolled in a school in the school district ; (12) clear procedures for restoring a sense of safety to a victim and assessing the victim's needs for protection; and (13) a requirement that whenever the individualized education program of a student classified as eligible for special education programs and services pursuant to chapter 46 of Title 18A of the New Jersey Statutes indicates that the student's disability affects social skills development or increases the likelihood of being harassed or bullied, the individualized education program for the student shall address the skills and proficiencies needed to respond to bullying . c. (1) A school district shall adopt a policy and transmit a copy of its policy to the appropriate executive county superintendent of schools by September 1, 2003. (2) A nonpublic school shall adopt a policy and transmit a copy of its policy to the executive county superintendent of schools of the county in which the nonpublic school is located by December 1, 2010. d. To assist school districts and nonpublic schools in developing policies for the prevention of harassment, intimidation or bullying, the Commissioner of Education shall develop a model policy applicable to grades kindergarten through 12. This model policy shall be issued no later than December 1, 2002. e. Notice of the school district's or nonpublic school's policy shall appear in any publication of the school district or nonpublic school that sets forth the comprehensive rules, procedures and standards of conduct for schools within the school district or the nonpublic school , and in any student handbook. (cf: P.L.2007, c.303, s.7) 3. Section 2 of P.L. 2007, c.129 (C.18A:37-15.1) is amended to read as follows: 2. a. A school district's policy on prohibiting harassment, intimidation or bullying adopted pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15), shall be amended, if necessary, to reflect the provisions of P.L.2007, c.129 (C.18A:37-15.1 et al.) and P.L. , c. (pending before the Legislature as this bill) . The district shall transmit a copy of the amended policy to the appropriate executive county superintendent of schools. Notice of the amended policy shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for schools within the school district, and in any student handbook. b. In the event that a school district's policy on prohibiting harassment, intimidation or bullying adopted pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15) does not accord with the provisions of subsection a. of this section by the 90th day following the effective date of this act, the district's existing policy prohibiting harassment, intimidation or bullying shall be deemed to include an "electronic communication" as defined in section 2 of P.L.2002, c.83 (C.18A:37-14) as amended by section 1 of P.L.2007, c.129. (cf: P.L.2007, c.129, s.2) 4. Section 8 of P.L.2007, c.303 (C.18A:37-15.2) is amended to read as follows: 8. [Within 60 days of the effective date of this section each] Each school district shall amend its bullying policy in accordance with section 3 of P.L.2002, c.83 (C.18A:37-15) as amended by section 7 of P.L.2007, c.303 and by section 2 of P.L. , c. (pending before the Legislature as this bill) , make the policy available on the district's website, and notify students and parents that the policy is available on the district's website. (cf: P.L.2007, c.303, s.8) 5. Section 4 of P.L.2002, c.83 (C.18A:37-16) is amended to read as follows: 4. a. A school employee, student or volunteer shall not engage in reprisal, retaliation or false accusation against a victim, witness or one with reliable information about an act of harassment, intimidation or bullying. b. A school employee, student or volunteer who has witnessed, or has reliable information that a student has been subject to, harassment, intimidation or bullying shall report the incident to the appropriate school official designated by the school district's or nonpublic school's policy. c. A school employee who promptly reports an incident of harassment, intimidation or bullying, to the appropriate school official designated by the school district's or nonpublic school's policy, and who makes this report in compliance with the procedures in the district's or nonpublic school's policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident. d. If an incident of harassment, intimidation, or bullying involves students from more than one school district or nonpublic school, the school district or nonpublic school first informed of the incident shall, consistent with State and federal law, promptly notify the appropriate administrator of the other school district or nonpublic school. (cf: P.L.2002, c.83, s.4) 6. Section 5 of P.L.2002, c.83 (C.18A:37-17) is amended to read as follows: 5. a. [Schools and school districts] Public and nonpublic schools are encouraged to establish bullying prevention programs, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement and community members. b. To the extent funds are appropriated for these purposes, a school district or nonpublic school shall: (1) provide training on the school district's or nonpublic school's harassment, intimidation or bullying policies to school employees and volunteers who have significant contact with students; and (2) develop a process for discussing the district's or nonpublic school's harassment, intimidation or bullying policy with students. c. Information regarding the [school district] policy against harassment, intimidation or bullying shall be incorporated into a school's employee training program. (cf: P.L.2002, c.83, s.5) 7. This act shall take effect on the 90th day after the date of enactment. STATEMENT Under current law, each school district must adopt a policy prohibiting harassment, intimidation or bullying of another student that occurs on school property, at a school-sponsored function, or on a school bus. This bill provides that the school district policy must also prohibit harassment, intimidation or bullying of a student that occurs at a location, activity, function, or program that is not school-related if the harassment, intimidation or bullying has the effect of insulting or demeaning any student or group of students in such a way as to cause substantial disruption in, or substantial interference with, the orderly operation of the school. In addition, the bill also expands the items that must be included in the policy to include: (1) clear procedures for restoring a sense of safety to a victim and assessing the victim's needs for protection; and (2) in the case of a public school district, a requirement that whenever the individualized education program of a student classified as eligible for special education programs and services indicates that the student's disability affects social skills development or increases his likelihood of being harassed or bullied, the individualized education program for the student must address the skills and proficiencies needed to respond to bullying. The bill provides that nonpublic schools must also adopt a policy prohibiting harassment, intimidation, or bullying of a student. Finally, the bill calls for improved communication of bullying concerns across school districts and nonpublic schools. Specifically, if an incident of harassment, intimidation, or bullying involves students from more than one school district or nonpublic school, the school district or nonpublic school first informed of the incident must promptly notify the appropriate administrator of the other school district or nonpublic school.