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).