The New Jersey Harrassment Intimidation and Bullying (HIB) Policy

All You Need to Know About:The New Jersey Harrassment,Intimidation, and Bullying (HIB) PolicyPresented By: Andrew Orefice,Superintendent of SchoolsOceanport School DistrictOctober 3, 2011

Purpose• To understand the new NJ Harassment,Intimidation, and Bullying (HIB) legalRequirements• An Overview of Amendments toLaws on HIB

The New Law• Intent is to strengthen standards forpreventing, reporting, investigating, andresponding to incidents of bullying andreduce the risk of suicide among students• Effective September 2011• Changes 13 statutes• Affects districts and a number of stateagencies, including NJDOE

Context• Commission on Bullying in Schoolsestablished in January 2008• Commission sent its recommendations tothe Governor in December 2009• The new law was introduced in October 2010• Approved by the Legislature in November 2010• Signed by the Governor in January 2011• Primarily adds requirements

Major Changes• Definition of HIB• District Staff Functions• Policy and Procedures• Programs• Training Requirements• Public Reporting

New District Staff Functions• Anti-Bullying Coordinator (district)• Anti-Bullying Specialist (school)• School Safety Team (school)

Anti-Bullying Coordinator (district)* Appointed by Superintendent(Supt. must make every effort to appoint anemployee of school district as ABC)*Coordinates and strengthens district HIB policyto prevent, identify, and address HIB*Collaborates with anti-bullying specialists, boardof education and supt.*Meets at least twice a school year with theantibullying specialists*Provides data, in collaboration with the supt.to the NJDOE*Performs other related duties

Anti-bullying Specialist (school)* Appointed by the principal from currentlyemployed staff* Guidance counselor, school psychologist, oranother individual similarly trained preferred* Chairs the school safety team* Leads the investigation of reported HIBincidents*Acts as the primary school official responsiblefor preventing, identifying, and addressingincidents of HIB in the school*Assists principal in defining range of ways torespond to HIB*Provides input to local board on annual reevaluation,reassessment, and review of policy

School Safety Team (School)*Formed to develop, foster, and maintain apositive school climate, including HIB issues*Meets at least 2x per school year*Consists of the principal (or designee,preferably a senior administrator) andprincipal appointees:– a teacher in the school,– the school anti-bullying specialist (serves aschair),– a parent (as defined in N.J.A.C. 6A:16-1.3) of astudent in the school, and– other members determined by the principal

*Receive any HIB complaints reported to principal*Receive copies of any HIB investigation reports*Identify and address patterns of HIB in the school*Review and strengthen school climate andpolicies in order to prevent and address HIB*Parents shall not participate in these activities or anyothers that compromise student confidentialitySafe and Drug-Free Schools and Communities Project*Educate the community (i.e., students,teachers, administrators, parents) to preventand address HIB*Participate in training (both required andrequested)*Collaborate with ABC in data collection anddevelopment of policies to prevent andaddress HIB*Other duties related to HIB requested byprincipal or ABC

HIB Policy and Procedures• Background• Statute• Regulations• Model Policy

Requirements*Current Law: Each school district shalladopt a policy prohibiting HIB.*New Law: The school district shall [attemptto] adopt the policy through a process thatincludes representation of parents*, school*employees, volunteers, students,administrators, and communityrepresentatives.*As defined in N.J.A.C. 6A:16-1.3#1 Current Law: The policy shallcontain a statement prohibiting HIB of astudent.

Requirements cont..#2 Current Law: The policy shallcontain a definition of HIB no lessinclusive than the statutorydefinition.#3 Current Law: The policy shallinclude a description of the type ofbehavior expected from eachstudent.

Requirements cont…#4 Current Law: The policy shall include theconsequences and appropriate remedialactions for a person who commits an act ofHIB.• Suspension or Expulsion• HIB has been added to the statute (N.J.S.A.18A:37-2)• listing the conduct that may constitute goodcause for• suspension or expulsion.

Requirements cont…#5 Current Law: The policy shall includea procedure for reporting an act ofHIB, including a provision thatpermits a person to report act of HIBanonymously; however, this shall notbe construed to permit formaldisciplinary action solely on the basisof an anonymous report.

New Reporting ProceduresAll acts of HIB must be reported verbally to theprincipal on the same day when the schoolemployee or contracted service providerwitnessed or received reliable informationregarding any such incident.• Principal must inform parents of all students involvedin the alleged incident and may discuss the availability ofcounseling and other intervention services• All acts of HIB also must be reported in writing to theprincipal within 2 school days of when the schoolemployee or contracted service provider witnessed orreceived reliable information.

New Reporting ExpectationsA member of a board of education, school employee,contracted service provider, student or volunteer whohas witnessed, or has reliable information that astudent has been subject to, harassment, intimidationor bullying shall report the incident to the appropriateschool official designated by the school district'spolicy, or to any school administrator or safe schoolsresource officer, who shall immediately initiate theschool district’s procedures concerning schoolbullying.

New Reporting ExpectationsA member of a board of education or a schoolemployee who promptly reports an incident ofharassment, intimidation or bullying, to theappropriate school official designated by the schooldistrict's policy, or to any school administrator or safeschools resource officer, and who makes this report incompliance with the procedures in the district's policy,is immune from a cause of action for damages arisingfrom any failure to remedy the reported incident.

Requirements cont…#6 New Law: The policy shall include aprocedure for prompt investigationof reports of violations andcomplaints, [identifying either theprincipal or the principal’s designeeas the person responsible for theinvestigation.] which procedureshall at a minimum provide that:

Investigation Procedures• Initiated by the principal or designee within 1 schoolday of report• Conducted by the anti-bullying specialist• Principal may appoint additional personnel to assistwith investigation• Investigation shall be completed ASAP, but not laterthan 10 days from date of written report• If additional, anticipated information relevant toinvestigation is not received within 10 days, antibullyingspecialist may amend original report to reflectinformation

New Investigation Expectations• A school administrator who receives areport of HIB from a district employee,and fails to initiate or conduct aninvestigation, or who should have knownof an incident of HIB and fails to takesufficient action to minimize or eliminatethe HIB, may be subject todisciplinary action.

New: Results of InvestigationResults shall be reported to superintendent within 2days of completing the investigationSuperintendent may decide to:• Provide intervention services• Establish training programs to reduce HIB and enhance schoolclimate• Impose discipline• Order counseling• Take or recommend other appropriate action• Results reported to the board of education no laterthan the date of the next board meeting following thecompletion of the investigation, along withinformation on action taken or recommended bysuperintendent

New: Results of Investigation(cont.)• Parents of the students who are parties to theinvestigation entitled to receive information about theinvestigation• In accordance with Federal and State law and regulation• Including the nature of the investigation and whether evidenceof HIB was found• Whether discipline was imposed or services provided• Provided in writing within 5 school days after results arereported to board• A parent may request a hearing before the board• Must be held within 10 days of request• Board shall meet in executive session for the hearing• Board may hear from school anti-bullying specialist about theincident, recommendations for discipline or services, orprograms instituted

Requirements#7 New Law: The policy shall contain therange of ways in which a school willrespond once an incident of HIB isidentified, which shall be defined by theprincipal in conjunction with the anti-bullyingspecialist, but shall include anappropriate combination of counseling,support services, intervention services,and other programs…

Responses to HIB Off School GroundsNew Law: The policy adopted by each school districtshall include provisions for appropriate responses to HIBthat occurs off school grounds in cases in which a schoolemployee is made aware of such actions. The responsesto HIB that occurs off school grounds shall be consistentwith the board of education’s code of student conductand other provisions of the board’s policy on HIB.

Requirements still cont…#8 Current Law: The policy shall contain astatement that prohibits reprisal or retaliationagainst any person who reports an act of HIB andthe consequences and appropriate remedialactions for a person who engages in reprisal orretaliation.#9 Current Law: The policy shall contain theconsequences and appropriate remedial action fora person found to have falsely accused another asa means of HIB.

Reprisal, Retaliation, and FalseAccusation ProhibitedNew Law: A member of a board of education,school employee, student or volunteer shallnot engage in reprisal, retaliation or falseaccusation against a victim, witness or onewith reliable information about an act ofharassment, intimidation or bullying.

Requirements cont…#10 Current Law: The policy shallcontain a statement of how thepolicy is to be publicized.• Including notice that policy applies to schoolsponsored functions• CSA shall ensure that notice of the policyappears in any publication of the school districtthat sets forth comprehensive rules, procedures,and standards, and in any student handbook

Requirements cont…#11 New Law: The policy shall contain arequirement that a link to the policy beprominently posted on the homepage of thedistrict’s website and distributed annuallyto parents and guardians.#12 New Law: The policy shall containa requirement that contact informationconcerning the district anti-bullyingcoordinator and school anti-bullyingspecialist(s) be listed on district and schoolhomepages.

New Law:• Revised HIB policy to Executive CountySupt. by 9/1/11• Annual re-evaluation of HIB policy, makingany necessary revisions & additions• Input from anti-bullying specialists• Transmit all subsequent policy revisions toECS, within 30 school days

Bullying Prevention ProgramsCurrent Law: Schools and school districts areencouraged to annually establish, implement,document, and assess bullying prevention programsor approaches, and other initiatives involving schoolstaff, students, administrators, volunteers, parents,law enforcement and community members.New Law: Schools and school districts mustannually establish, implement, document, andassess these approaches.The approaches must be designed to create schoolwideconditions to prevent and address HIB.

Bullying Prevention Programs(cont.)New Law: A “Bullying Prevention Fund,” isto be created in the NJDOE, to offer grantsto school districts to provide training onHIB and on the effective creation ofpositive school climates• No funding has been appropriated ordonated at this time

Bullying Prevention Programs(cont.)New Law: Instruction and the Week of Respect• The week beginning with the first Monday in Octoberof each year is designated as a “Week of Respect” inthe State of New Jersey• School districts must observe the week by providingage-appropriate instruction focusing on preventingHIB• Throughout the school year the school district mustprovide ongoing age-appropriate instruction onpreventing HIB in accordance with the core curriculumcontent standards

Bullying Prevention Programs(cont.)Discussions with Students• Current Law: Schools must develop aprocess for discussing the district's HIBpolicy with students.

Training – Board MembersNew Law: Additions to existing training requirements:• Completion of a training program on HIB inschools, including a school district’s responsibilities withinone year after being newly elected or appointed or beingre-elected or reappointed to the board of education(required only once)• Provision of training on HIB in schools by theNew Jersey School Boards Association inconsultation with recognized experts in schoolbullying

Training - StaffCurrent Law: School districts must providetraining on the school district's HIB policy as partof the school employee’s training programNew Law: The training must:*Include instruction on preventing bullying on the basisof the protected categories and other distinguishingcharacteristics that may incite incidents of discrimination,or HIB, and*Be provided to full- and part-time staff, volunteers whohave significant contact with students and those personscontracted by the district to provide services to students

New Law: Training – Anti-BullyingCoordinators and Anti-Bullying SpecialistsThe Commissioner, in consultation with recognized experts inschool bullying must establish in-service workshops andtraining programs to train selected public school employees toact in these rolesThe Commissioner must seek to make the workshops andtraining programs available and administered onlineEach board of education must provide time for the in-servicetraining during the usual school schedule in order to ensurethat appropriate personnel are prepared to act in these rolesUpon completion of the initial in-service training programprograms and workshops that reflect the most currentinformation on HIB in schools shall be made available todistrict anti-bullying coordinators and school anti-bullyingspecialists at regular intervals

Public Reporting• NJ School Report Cards• Superintendent to Board of Education• Superintendent to NJDOE• NJDOE to Senate and Assembly Committees

Public Reporting – School Report CardsNew Law: Adds to the School Report Carddata – requires schools to report thenumber and nature of all reports of HIB

Public Reporting – Public HearingCurrent Law: The superintendent must annuallyreport to the board of education all acts ofviolence and vandalism, including HIB.New Law: The superintendent must report at twopublic hearings:One between 9/1 and 1/1 andOne between 1/1 and 6/30

Public Reporting – Public Hearing (cont.)New Law: Requires that the data be disaggregatedby the enumerated classes, and adds HIBinformation:*the status of all investigations*the nature of the bullying (based on the enumeratedcategories)*the names of the investigators*any other non-disciplinary measures imposedtraining conducted or programs implemented, to reduceHIB**The district must put a link to the report on itswebsite

Public Reporting – Superintendent to NJDOECurrent Law: The district annually reports violence,vandalism and substance abuse incidents on the EVVRSNew Law: The information reported to the board ofeducation must be reported once during each reportingperiod to the NJDOEVerification of the reports on violence, vandalism, and HIBmust be part of the State's monitoring of the schooldistrictThe report must be used to grade each school forthe purpose of assessing its effort to implementpolicies and programs

District and School GradesNew Law: The Commissioner must establishguidelines for a program to grade each schoolto assess its efforts to implement policies andprograms consistent with the law:• District grade is determined by averaging thegrades of all the schools in the district• The school’s and the district’s grades must beposted on the homepage of the school’s Websitewithin 10 days of the assignment of the grade• The grade for the district and each school shall beposted on the homepage of the district’s Website

Public Reporting – NJDOE to Senate andAssemblyCurrent Law: The Commissioner must submit an annualrepor to the Education Committees of the Senate andGeneral Assembly detailing the extent of violence,vandalism, and substance abuse in the public schools andmaking recommendations to alleviate the problems.New Law: Highlights HIB and requires that the report besubmitted and made available annually to the public nolater than October 1, and must be posted on thedepartment’s Website.This will require timely verification by districtsand EVVRS closure by mid-July each year.

Types of Bullying• Direct• Indirect