Page 83

20333FG

AR Handbook – 83 tiated by the principal or the principal’s designee within one school day of the report of the incident and shall be conducted by a school anti-bullying specialist.” The investigation is required to be completed as soon as possible, but within no later than 10 days. The results of the investigation are to be reported to the Superintendent of Schools within two 2 school days of the completion of the investigation. The results of the investigation are to be reported to the Board of Education no later than the date of the Board of Education meeting next following the completion of the investigation. NJSA 18A:37-15b.(6)(d) requires that every Board policy must provide with regard to the results of the investigation and notice to parties: Parents or guardians of the students who are parties to the investigation shall be entitled to receive information about the investigation, in accordance with federal and state law and regulation, including the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within 5 school days after the results of the investigation are reported to the board. A parent or guardian may request a hearing before the board after receiving the information, and the hearing shall be held within 10 days of the request. The board shall meet in Executive session for the hearing to protect the confidentiality of the students. At the hearing the board may hear from the school anti-bullying specialist about the incident, recommendations for discipline or services, and any programs instituted to reduce such incidents; NJSA 18A:37-15b.(6)(e), requires that every Board policy provide that the Board of Education, following its receipt of the report, is to issue a decision at the next meeting. The decision may be appealed to the Commissioner of Education within 90 days after the issuance of the Board’s decision. NJSA 18A:37-15b.(6) (f), requires that every Board policy provide that a parent, student, guardian or organization may file a complaint with the Division on Civil Rights within 180 days of the occurrence of any incident of harassment, intimidation or bullying based on membership in a protected group as enumerated in the “law against discrimination.” NJSA 18A:37-15(f) states that with regard to every Board policy: Nothing in this section shall prohibit a school district from adopting a policy that includes components that are more stringent than the components set forth in this section. NJSA 18A:37-15.3 provides with regard to every Board policy and harassment, intimidation and bullying occurring off of school grounds: The policy adopted by each school district pursuant to section 3 of P.L.2002, c. 83 (C.18A:37-15) shall include provisions for appropriate responses to harassment, intimidation, or bullying, as defined in section 2 of P.L.2002, c. 83 (C.18A:37-14), that occurs off school grounds, in cases in which a school employee is made aware of such actions. The responses to harassment, intimidation, or bullying that occurs off school grounds shall be consistent with the board of education’s code of student conduct and other provisions of the board’s policy on harassment, intimidation, or bullying. NJSA 18A:37-16.a provides that “a member of a board of education, 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.” NJSA 18A:37-16.c, provides that a member of a board of education or a school employee who promptly reports harassment, intimidation or bullying is immune from a cause of action seeking damages. NJSA 18A:37-16(d), states that a school administrator who receives a report of harassment, intimidation, or bullying from a district employee, and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying, may be subject to disciplinary action. NJSA 18A:37-20, provides that the principal is required to appoint an “anti-bullying specialist” from among the school guidance counselor, school psychologist, or another individual similarly trained and currently employed at the school level. The Superintendent is required to appoint a district “anti-bullying coordinator.” Every effort shall be made to appoint an employee of the district as coordinator. No other credentials are specified for the anti bullying coordinator. NJSA 18A:37-21 requires that every school district form a school safety team to develop, foster and maintain a positive school climate by focusing on the on-going, systemic process and practices in the school and to address school climate issues such as harassment, intimidation, or bullying. The responsibilities of the school safety team are set forth in NJSA 18A:37-21(c).


20333FG
To see the actual publication please follow the link above