Components of State Anti-Bullying Laws and Regulations
Component | Included |
---|---|
Prohibiting statement | Yes |
Definition | Yes |
Scope | Yes |
Protected groups | Yes |
District policy requirement | Yes |
Reporting and investigations | Yes |
Consequences | Yes |
Communication of policy | Yes |
Safeguards and supports | Yes |
Review and update of local policies | Yes |
Prevention education | Yes |
Staff training | Yes |
Parent engagement | Yes |
Which New Jersey state laws cover bullying?
- New Jersey Statutes Annotated §18A:6-112. Instruction in suicide prevention for public school teaching staff
- New Jersey Statutes Annotated §18A:7E-3. Report card information
- New Jersey Statutes Annotated §18A:12-33. Training program; requirements
- New Jersey Statutes Annotated §18A:17-43.2. New Jersey School Safety Specialist Academy; certification programs
- New Jersey Statutes Annotated §18A:17-46. Reporting of certain acts by school employee; report; public hearing
- New Jersey Statutes Annotated §18A:17-48. Annual report to Legislature
- New Jersey Statutes Annotated §18A:26-8.2. "School leader" defined; training as part of professional development
- New Jersey Statutes Annotated §18A:35-4.27. Instruction on responsible use of social media
- New Jersey Statutes Annotated §18A :35-4.31. Recess period required; exceptions
- New Jersey Statutes Annotated §18A:36-41. Development, distribution of guidelines concerning transgender students
- New Jersey Statutes Annotated §18A:37-2. Causes for suspension, expulsion of pupils
- New Jersey Statutes Annotated §18A:37-13. Findings, declarations relative to adoption of harassment and bullying prevention policies
- New Jersey Statutes Annotated §18A:37-13.1. Findings, declarations relative to school bullying
- New Jersey Statutes Annotated §18A:37-13.2. Short title
- New Jersey Statutes Annotated §18A:37-14. Definitions relative to adoption of harassment and bullying prevention policies
- New Jersey Statutes Annotated §18A:37-15. Adoption of policy concerning harassment, intimidating or bullying by each school district
- New Jersey Statutes Annotated §18A:37-15.1. "Electronic communication" included in school districts' harassment and bullying prevention policy
- New Jersey Statutes Annotated §18A:37-15.2. Actions required relative to bullying policy
- New Jersey Statutes Annotated §18A:37-15.3. Policy to include certain incidents occurring off school grounds
- New Jersey Statutes Annotated §18A:37-16. Reprisal, retaliation, false accusation prohibited
- New Jersey Statutes Annotated §18A:37-17. Establishment of bullying prevention programs or approaches
- New Jersey Statutes Annotated §18A:37-18. Other remedies unaffected
- New Jersey Statutes Annotated §18A:37-19. Application by school district for reimbursement
- New Jersey Statutes Annotated §18A:37-20. Appointment of school anti-bullying specialists, coordinator
- New Jersey Statutes Annotated §18A:37-21. School safety teams
- New Jersey Statutes Annotated §18A:37-22. Program required for teaching certification
- New Jersey Statutes Annotated §18A:37-23. Program required for administrative and supervisory certification
- New Jersey Statutes Annotated §18A:37-24. Development of guidance document
- New Jersey Statutes Annotated §18A:37-25. Establishment of formal protocol for investigating a complaint
- New Jersey Statutes Annotated §18A:37-26. Inservice workshops, training programs
- New Jersey Statutes Annotated §18A:37-27. Development of online tutorial, test
- New Jersey Statutes Annotated §18A:37-28. "Bullying Prevention Fund."
- New Jersey Statutes Annotated §18A:37-29. "Week of Respect"; designated
- New Jersey Statutes Annotated §18A:37-32. Inapplicability to certain situations
- New Jersey Statutes Annotated §18A:37-32.1. Rules, regulations
- New Jersey Statutes Annotated §52:17B-71.8. Training course for safe schools resource officers, liaisons to law enforcement
- New Jersey Administrative Code §6A:9-3.3. Professional standards for teachers
- New Jersey Administrative Code §6A:9C-4.3. Requirements for and implementation of school leaders’ individual professional development plans
- New Jersey Administrative Code §6A:16-1.3. Definitions
- New Jersey Administrative Code §6A:16-5.3. Incident reporting of violence, vandalism and alcohol and other drug abuse
- New Jersey Administrative Code §6A:16-7.1. Code of student conduct
- New Jersey Administrative Code §6A:16-7.5. Conduct away from school grounds
- New Jersey Administrative Code §6A:16-7.7. Harassment, intimidation, and bullying
How are bullying and cyberbullying defined in New Jersey anti-bullying laws and regulations?
New Jersey anti-bullying laws and regulations include the following definitions of harassment, intimidation, and bullying:
“Harassment, intimidation or bullying” means any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, 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 disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds, that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that:
(a) a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property;
(b) has the effect of insulting or demeaning any student or group of students; or
(c) creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student.
N.J. Stat. § 18A:37-14 (2011)
Do New Jersey anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
Yes. New Jersey anti-bullying laws cover off-campus conduct that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that:
(a) a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property;
(b) has the effect of insulting or demeaning any student or group of students; or
(c) creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student.
What are the policy requirements for schools to prevent and respond to bullying behavior?
New Jersey school districts are required to adopt a policy prohibiting harassment, intimidation, bullying, or cyberbullying. District policies must contain key policy and procedural elements, including, but not limited to:
- Statements prohibiting harassment, intimidation, or bullying;
- Definitions of harassment, intimidation, or bullying;
- Descriptions of the type of behaviors expected from each student;
- Consequences and appropriate remedial actions for any persons who commits an act of harassment, intimidation, or bullying;
- Procedures for reporting and investigation;
- Statements prohibiting reprisal or retaliation;
- Statements regarding how the policy will be publicized within the district; and
- Designation of an anti-bullying coordinator.
New Jersey anti-bullying laws encourage districts to annually conduct, with the input from the school anti-bullying specialists, a re-evaluation, reassessment, and review of its policy, making any necessary revisions and additions.
Do New Jersey anti-bullying laws and regulations include protections for specific groups?
Yes. New Jersey anti-bullying laws prohibit harassment, intimidation, or bullying 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 disability, or by any other distinguishing characteristic. New Jersey anti-bullying laws also direct the Department of Education to develop and distribute to school districts guidelines concerning the needs of transgender students, including procedures that ensure a supportive and nondiscriminatory environment.
New Jersey schools that receive federal funding are required by federal law to address discrimination based on certain characteristics. Find out when bullying may be a civil rights violation.
Do New Jersey anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
Yes. New Jersey school districts are encouraged to annually establish, implement, document, and assess bullying prevention programs or approaches, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement, and community members. School districts may form school safety teams in each school within the district to develop, foster, and maintain a positive school climate. School districts are also encouraged to observe a “Week of Respect” to provide age-appropriate instruction focusing on preventing harassment, intimidation, or bullying. New Jersey school districts may incorporate instruction on responsible use of social media into the technology education curriculum for students in grades 6 through 8.
New Jersey anti-bullying laws direct the Department of Education to make available an online a tutorial on best practices in the prevention of harassment, intimidation, and bullying.
Do New Jersey anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?
Yes. New Jersey school districts are required to provide training to teachers and other school staff regarding the policy and appropriate procedures relative to policy implementation.
Do New Jersey anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
Yes. New Jersey school district policies must include an appropriate combination of services that are available within the district such as counseling, support services, intervention services, and other programs. School districts may apply to the Department of Education for grants from the “Bullying Prevention Fund” to support the provision of out-of-district programs and services.
Do New Jersey anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
Yes. New Jersey school districts are encouraged to develop policies in consultation with parents and other community members, school employees, school volunteers, students, and school administrators.
For More Information
Visit the New Jersey Department of Education’s “Harassment, Intimidation, and Bullying” webpage and/or view the New Jersey state model policy on bullying and harassment.
The key component framework used in the analysis of state laws is based on the review of legislation presented in the “Analysis of State Bullying Laws and Policies – December 2011” (U.S. Department of Education).