Gloucester Township Public Schools Parent Information Session The Anti-Bullying Bill of Rights &...

Gloucester Township Public SchoolsGloucester Township Public SchoolsParent Information SessionParent Information Session

The Anti-Bullying Bill of RightsThe Anti-Bullying Bill of Rights

&&Harassment, Intimidation, and Bullying- Policy Harassment, Intimidation, and Bullying- Policy

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October 2011October 2011

Harassment, Intimidation, and Bullying Harassment, Intimidation, and Bullying Prevention Training ProgramPrevention Training Program

New Jersey’s Anti-Bullying Bill of Rights Act was signed into law New Jersey’s Anti-Bullying Bill of Rights Act was signed into law on January 5, 2011. The provisions of this law take effect on January 5, 2011. The provisions of this law take effect September 1, 2011. The requirements of this Act dictate:September 1, 2011. The requirements of this Act dictate:

– Every school district to adopt a new harassment, Every school district to adopt a new harassment, intimidation, and bullying policy that is in Compliance with intimidation, and bullying policy that is in Compliance with the Act.the Act.

– Every school district to appoint an Anti-Bullying Coordinator Every school district to appoint an Anti-Bullying Coordinator and every school to have an Anti-Bullying Specialist and and every school to have an Anti-Bullying Specialist and School Safety Team. The Coordinator, Specialist, and School Safety Team. The Coordinator, Specialist, and School Safety Team have very specific statutory School Safety Team have very specific statutory responsibilities.responsibilities.


– The school district to provide training to current and The school district to provide training to current and new school employees, volunteers and contracted new school employees, volunteers and contracted service providers who have significant contact with service providers who have significant contact with pupils.pupils.

– Every teacher to complete at least two hours of Every teacher to complete at least two hours of instruction in harassment, intimidation, and bullying instruction in harassment, intimidation, and bullying prevention in each professional development period prevention in each professional development period as part of the professional development as part of the professional development requirement pursuant to NJSA 18A:37-22d.requirement pursuant to NJSA 18A:37-22d.


Purpose of the Anti- Bullying Bill of RightsPurpose of the Anti- Bullying Bill of Rights

Improve harassment, intimidation and bullying (HIB) laws Improve harassment, intimidation and bullying (HIB) laws adopted in 2002; amended in 2007 & 2008 by:adopted in 2002; amended in 2007 & 2008 by:

– Establishing clearer standards for the definition of HIB:Establishing clearer standards for the definition of HIB:– Clarifying and strengthening standards on preventing, Clarifying and strengthening standards on preventing,

reporting, investigation and responding to HIB incidents that reporting, investigation and responding to HIB incidents that occur on school grounds and off school grounds;occur on school grounds and off school grounds;

– Using existing resources to increase school safety; andUsing existing resources to increase school safety; and– Reducing the risk of suicide.Reducing the risk of suicide.


Anti-bullying Coordinator- Dion Davis (Anti-bullying Coordinator- Dion Davis ([email protected]))

Anti-bullying Specialist (Blackwood Elementary)- Kathy GogginAnti-bullying Specialist (Blackwood Elementary)- Kathy Goggin

Anti-bullying Specialist (Chews Elementary)- Raylene AitaAnti-bullying Specialist (Chews Elementary)- Raylene Aita

Anti-bullying Specialist (Erial Elementary)- Janet McCarthyAnti-bullying Specialist (Erial Elementary)- Janet McCarthy

Anti-bullying Specialist (Glendora Elementary)- Desiree DiJosieAnti-bullying Specialist (Glendora Elementary)- Desiree DiJosie

Anti-bullying Specialist (GTES)- Desiree DiJosieAnti-bullying Specialist (GTES)- Desiree DiJosie

Anti-bullying Specialist (JW Lilley Elementary)- Susan SassoAnti-bullying Specialist (JW Lilley Elementary)- Susan Sasso

Anti-bullying Specialist (Loring- Flemming Elementary)- Kim ViscoAnti-bullying Specialist (Loring- Flemming Elementary)- Kim Visco

Anti-bullying Specialist (Union Valley Elementary)- Patricia RussellAnti-bullying Specialist (Union Valley Elementary)- Patricia Russell

Anti-bullying Specialist (CW Lewis)- Steve KlineAnti-bullying Specialist (CW Lewis)- Steve Kline

Anti-bullying Specialist (Glen Landing)- Tim FornesAnti-bullying Specialist (Glen Landing)- Tim Fornes

Anti-bullying Specialist (Ann A. Mullen)- Cathy SchmidtAnti-bullying Specialist (Ann A. Mullen)- Cathy Schmidt

HIB Prevention Training ProgramHIB Prevention Training ProgramDefinition of HIBDefinition of HIB

““Harassment, intimidation, or bullying” means Harassment, intimidation, or bullying” means any gesture, any written, verbal or physical act or any gesture, any written, verbal or physical act or any electronic communication, whether it is a any electronic communication, whether it is a single incident or a series of incidents, that is: single incident or a series of incidents, that is:

– reasonably perceived as being motivated by either any reasonably perceived as being motivated by either any actual or perceived characteristic, such as race, color, actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, orientation, gender identity and expression, or a mental, physical or sensory disability; ORphysical or sensory disability; OR

– by any other distinguishing characteristic; AND thatby any other distinguishing characteristic; AND that

– takes place on school property, at any school-sponsored takes place on school property, at any school-sponsored function, on a school bus, or off school grounds, as function, on a school bus, or off school grounds, as provided for in N.J.S.A. 18A:37-15.3, that substantially provided for in N.J.S.A. 18A:37-15.3, that substantially disrupts or interferes with the orderly operation of the disrupts or interferes with the orderly operation of the school or the rights of other pupils; AND thatschool or the rights of other pupils; AND that

HIB Prevention Training ProgramHIB Prevention Training ProgramDefinition of HIBDefinition of HIB

– a reasonable person should know under the a reasonable person should know under the circumstances will have the effect of physically or circumstances will have the effect of physically or emotionally harming a pupil or damaging the pupil’s emotionally harming a pupil or damaging the pupil’s property, or placing a pupil in reasonable fear of physical property, or placing a pupil in reasonable fear of physical or emotional harm to his/her person or damage to or emotional harm to his/her person or damage to his/her property, OR his/her property, OR

– has the effect of insulting or demeaning any pupil or has the effect of insulting or demeaning any pupil or group of pupils, ORgroup of pupils, OR

– creates a hostile educational environment for the pupil creates a hostile educational environment for the pupil by interfering with a pupil’s education or by severely or by interfering with a pupil’s education or by severely or pervasively causing physical or emotional harm to the pervasively causing physical or emotional harm to the pupil.pupil.

HIB Prevention Training ProgramHIB Prevention Training ProgramHIB Off School GroundsHIB Off School Grounds

The Act applies to instances when a school The Act applies to instances when a school employee is made aware of alleged HIB act employee is made aware of alleged HIB act occurring off school grounds when:occurring off school grounds when:– The alleged harassment, intimidation, or bullying The alleged harassment, intimidation, or bullying

has substantially disrupted or interfered with the has substantially disrupted or interfered with the orderly operation of the school or the rights of orderly operation of the school or the rights of other pupils; and eitherother pupils; and either A reasonable person should know, under the circumstances, A reasonable person should know, under the circumstances,

that the alleged behavior will have the effect of physically or that the alleged behavior will have the effect of physically or emotionally harming a pupil or damaging the pupil’s property, emotionally harming a pupil or damaging the pupil’s property, or placing a pupil in reasonable fear of physical or emotional or placing a pupil in reasonable fear of physical or emotional harm to his/her person or damage to his/her property; orharm to his/her person or damage to his/her property; or

The alleged behavior has the effect of insulting or demeaning The alleged behavior has the effect of insulting or demeaning any pupil or group of pupils; orany pupil or group of pupils; or

The alleged behavior creates a hostile educational environment The alleged behavior creates a hostile educational environment for the pupil by interfering with a pupil’s education or by for the pupil by interfering with a pupil’s education or by severely or pervasively causing physical or emotional harm to severely or pervasively causing physical or emotional harm to the pupil.the pupil.

HIB Prevention Training ProgramHIB Prevention Training ProgramHIB Reporting ProcedureHIB Reporting Procedure

All Board members, school employees, All Board members, school employees, volunteers, and contracted service providers volunteers, and contracted service providers who have contact with students who have contact with students are required are required toto::

– verbally report alleged violations to the Principal verbally report alleged violations to the Principal or designee on the or designee on the same day same day the individual the individual witnessed or received reliable information witnessed or received reliable information regarding any such incident; andregarding any such incident; and

– must submit a report in writing to the Principal must submit a report in writing to the Principal within two dayswithin two days of the verbal report. of the verbal report.


Upon receiving a report, the Principal will:Upon receiving a report, the Principal will:

– inform the parents of all students involved in an inform the parents of all students involved in an alleged incident and, as appropriate, may discuss alleged incident and, as appropriate, may discuss the availability of counseling and other the availability of counseling and other intervention services. intervention services.

– The Principal, upon receiving a verbal or written The Principal, upon receiving a verbal or written report, may take interim measures to assure the report, may take interim measures to assure the safety, health, and welfare of all parties pending safety, health, and welfare of all parties pending the findings of the investigation.the findings of the investigation.


Students, parents, and visitors Students, parents, and visitors are are encouraged toencouraged to report alleged violations of report alleged violations of the HIB Policy to the Principal when they the HIB Policy to the Principal when they have witnessed or received reliable have witnessed or received reliable information regarding any such incident.information regarding any such incident.

A HIB act can be reported anonymously.A HIB act can be reported anonymously.

– However, formal action for a violation of the However, formal action for a violation of the Student Code of Conduct may not be taken solely Student Code of Conduct may not be taken solely on the basis of an anonymous report. on the basis of an anonymous report.


A Board member or school employee who A Board member or school employee who promptly reports an incident of HIB is immune promptly reports an incident of HIB is immune from a cause of action for damages arising from from a cause of action for damages arising from any failure to remedy the reported incident. any failure to remedy the reported incident.

A school administrator who receives a report of A school administrator who receives a report of harassment, intimidation, or bullying from a harassment, intimidation, or bullying from a district employee and fails to initiate or conduct district employee and fails to initiate or conduct an investigation or should have known of an an investigation or should have known of an incident of HIB and fails to take sufficient action incident of HIB and fails to take sufficient action to minimize or eliminate these behaviors may be to minimize or eliminate these behaviors may be subject to disciplinary action. subject to disciplinary action.

HIB Prevention Training ProgramHIB Prevention Training ProgramInvestigation ProcedureInvestigation Procedure

A thorough and complete investigation shall A thorough and complete investigation shall be conducted for each report of an alleged be conducted for each report of an alleged HIB incident.HIB incident.

The investigation shall be initiated by the The investigation shall be initiated by the Principal or designee Principal or designee within one school day within one school day of the verbal report of the incident.of the verbal report of the incident.

The investigation shall be conducted by the The investigation shall be conducted by the school’s Anti-Bullying Specialist.school’s Anti-Bullying Specialist.

– The Principal may appoint additional personnel The Principal may appoint additional personnel who are not school Anti-Bullying Specialists to who are not school Anti-Bullying Specialists to assist the school Anti-Bullying Specialist in the assist the school Anti-Bullying Specialist in the investigation. investigation.


The investigation shall be completed and the The investigation shall be completed and the written findings submitted to the Principal as soon written findings submitted to the Principal as soon as possible.as possible.

– But But not later than ten school days not later than ten school days from the date of from the date of the written report of the alleged incident of HIB.the written report of the alleged incident of HIB.

Should information regarding the reported incident Should information regarding the reported incident and the investigation be received after the end of and the investigation be received after the end of the ten-day period, the school Anti-Bullying the ten-day period, the school Anti-Bullying Specialist or the Principal shall amend the original Specialist or the Principal shall amend the original report of the results of the investigation to ensure report of the results of the investigation to ensure there is an accurate and current record of the facts there is an accurate and current record of the facts and activities concerning the reported incident.and activities concerning the reported incident.


The Principal shall:The Principal shall:

– proceed in accordance with the Code of Pupil Conduct, as proceed in accordance with the Code of Pupil Conduct, as appropriate, based on the investigation findings; andappropriate, based on the investigation findings; and

– submit the report to the Superintendent within two school submit the report to the Superintendent within two school days of the completion of the investigation.days of the completion of the investigation.

As appropriate to the findings from the As appropriate to the findings from the investigation, the Superintendent shall:investigation, the Superintendent shall:

– ensure the Code of Pupil Conduct has been implemented; ensure the Code of Pupil Conduct has been implemented; andand

– provide intervention services, order counseling, establish provide intervention services, order counseling, establish training programs to reduce harassment, intimidation, or training programs to reduce harassment, intimidation, or bullying, and enhance school climate; orbullying, and enhance school climate; or

– take or recommend other appropriate action, as necessary. take or recommend other appropriate action, as necessary.

HIB Prevention Training Program HIB Prevention Training Program Investigation ProcedureInvestigation Procedure

The Superintendent shall:The Superintendent shall:

– report the results of each investigation to the report the results of each investigation to the Board of Education no later than the date of the Board of Education no later than the date of the regularly scheduled Board of Education meeting regularly scheduled Board of Education meeting following the completion of the investigation. following the completion of the investigation.

– include information in the report on any include information in the report on any consequences imposed under the Code of Pupil consequences imposed under the Code of Pupil Conduct, intervention services provided, Conduct, intervention services provided, counseling ordered, training established, or other counseling ordered, training established, or other action taken or recommended by the action taken or recommended by the Superintendent.Superintendent.


Parents of the pupils who are parties to the Parents of the pupils who are parties to the investigation shall be provided with information investigation shall be provided with information about the investigation, in accordance with about the investigation, in accordance with Federal and State law and regulation. Federal and State law and regulation. – The information to be provided to parents/guardians The information to be provided to parents/guardians

shall include:shall include: the nature of the investigation;the nature of the investigation;

whether the district found evidence of harassment, whether the district found evidence of harassment, intimidation, or bullying; or intimidation, or bullying; or

whether consequences were imposed or services provided to whether consequences were imposed or services provided to address the incident of harassment, intimidation, or bullying. address the incident of harassment, intimidation, or bullying.

– This information shall be provided in writing within This information shall be provided in writing within five school days after the results of the investigation five school days after the results of the investigation are reported to the Board of Education. are reported to the Board of Education.


A parent/guardian may request a hearing before the A parent/guardian may request a hearing before the Board of Education after receiving the information. Board of Education after receiving the information.

– When a request for a hearing is granted, the hearing shall When a request for a hearing is granted, the hearing shall be held within ten school days of the request. be held within ten school days of the request.

– The Board shall conduct the hearing in executive session, The Board shall conduct the hearing in executive session, pursuant to the Open Public Meetings Act, to protect the pursuant to the Open Public Meetings Act, to protect the confidentiality of the pupils. confidentiality of the pupils.

– At the hearing, the Board may hear testimony from and At the hearing, the Board may hear testimony from and consider information provided by the school Anti-Bullying consider information provided by the school Anti-Bullying Specialist and others, as appropriate:Specialist and others, as appropriate:

regarding the alleged incident;regarding the alleged incident; the findings from the investigation of the alleged incident;the findings from the investigation of the alleged incident; recommendations for consequences or services; andrecommendations for consequences or services; and any programs instituted to reduce such incidents, prior to any programs instituted to reduce such incidents, prior to

rendering a determination.rendering a determination.


At the regularly scheduled Board of Education At the regularly scheduled Board of Education meeting following its receipt of the report or meeting following its receipt of the report or following a hearing in executive session, the Board following a hearing in executive session, the Board shall issue a decision, in writing, to affirm, reject, or shall issue a decision, in writing, to affirm, reject, or modify the Superintendent’s decision. modify the Superintendent’s decision.

The Board’s decision may be appealed to the The Board’s decision may be appealed to the Commissioner of Education no later than ninety Commissioner of Education no later than ninety days after issuance of the Board of Education’s days after issuance of the Board of Education’s decision.decision.

A parent, pupil, legal guardian, or organization may A parent, pupil, legal guardian, or organization may file a complaint with the Division on Civil Rights file a complaint with the Division on Civil Rights within one hundred eighty days of the occurrence within one hundred eighty days of the occurrence of any incident of harassment, intimidation, or of any incident of harassment, intimidation, or bullying based on membership in a protected group bullying based on membership in a protected group as enumerated in the "Law Against Discrimination."as enumerated in the "Law Against Discrimination."

HIB Prevention Training ProgramHIB Prevention Training Program Consequences and Remedial ActionsConsequences and Remedial Actions

Appropriate consequences and remedial actions for Appropriate consequences and remedial actions for students who commit an act of HIB are those that are:students who commit an act of HIB are those that are:

graded according to the severity of the offense(s), graded according to the severity of the offense(s),

considerate of the developmental ages of the pupil considerate of the developmental ages of the pupil offenders, offenders,

considerate of the pupils’ histories of inappropriate considerate of the pupils’ histories of inappropriate behaviors, andbehaviors, and

reflective of the Board approved Code of Pupil Conduct reflective of the Board approved Code of Pupil Conduct and NJAC 6A:16-7, Student Conduct.and NJAC 6A:16-7, Student Conduct.

HIB Prevention Training ProgramHIB Prevention Training ProgramExamples of Remedial MeasuresExamples of Remedial Measures

May include:May include:

– School and community surveys or other strategies for School and community surveys or other strategies for determining the conditions contributing to harassment, determining the conditions contributing to harassment, intimidation, or bullyingintimidation, or bullying

– School culture changeSchool culture change– School climate improvementSchool climate improvement– Adoption of research-based, systemic bullying Adoption of research-based, systemic bullying

prevention programsprevention programs– School policy and procedures revisionsSchool policy and procedures revisions– Modifications of schedulesModifications of schedules– Adjustments in hallway trafficAdjustments in hallway traffic


– Modifications in pupil routes or patterns traveling to and Modifications in pupil routes or patterns traveling to and from schoolfrom school

– Supervision of pupil before and after school, including Supervision of pupil before and after school, including school transportationschool transportation

– Targeted use of monitors (e.g., hallway, cafeteria, locker Targeted use of monitors (e.g., hallway, cafeteria, locker room, playground, school perimeter, bus)room, playground, school perimeter, bus)

– Teacher aidesTeacher aides– Small or large group presentations for fully addressing the Small or large group presentations for fully addressing the

behaviors and the responses to the behaviorsbehaviors and the responses to the behaviors– General professional development programs for all staffGeneral professional development programs for all staff– Professional development plans for involved staffProfessional development plans for involved staff– Disciplinary action for school staff who contributed to the Disciplinary action for school staff who contributed to the

problemproblem


– Supportive institutional interventions, including Supportive institutional interventions, including participation of the Intervention and Referral Services participation of the Intervention and Referral Services TeamTeam

– Parent conferencesParent conferences– Family counselingFamily counseling– Involvement of community-based organizationsInvolvement of community-based organizations– Development of a general bullying response planDevelopment of a general bullying response plan– Recommendations of a pupil behavior or ethics councilRecommendations of a pupil behavior or ethics council– Peer support groupsPeer support groups– Alternative placements (e.g., alternative education Alternative placements (e.g., alternative education

programs)programs)– School transfersSchool transfers– Law enforcement (e.g., safe schools resource officer, Law enforcement (e.g., safe schools resource officer,

juvenile officer) involvement or other legal actionjuvenile officer) involvement or other legal action

Definition of HIBDefinition of HIBReviewReview

““Harassment, intimidation, or bullying” means Harassment, intimidation, or bullying” means any gesture, any written, verbal or physical act or any gesture, any written, verbal or physical act or any electronic communication, whether it is a any electronic communication, whether it is a single incident or a series of incidents, that is: single incident or a series of incidents, that is:

– reasonably perceived as being motivated by either any reasonably perceived as being motivated by either any actual or perceived characteristic, such as race, color, actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, orientation, gender identity and expression, or a mental, physical or sensory disability; ORphysical or sensory disability; OR

– by any other distinguishing characteristic; AND thatby any other distinguishing characteristic; AND that

– takes place on school property, at any school-sponsored takes place on school property, at any school-sponsored function, on a school bus, or off school grounds, as function, on a school bus, or off school grounds, as provided for in N.J.S.A. 18A:37-15.3, that substantially provided for in N.J.S.A. 18A:37-15.3, that substantially disrupts or interferes with the orderly operation of the disrupts or interferes with the orderly operation of the school or the rights of other pupils; AND thatschool or the rights of other pupils; AND that

Definition of HIBDefinition of HIBReviewReview

– a reasonable person should know under the a reasonable person should know under the circumstances will have the effect of physically or circumstances will have the effect of physically or emotionally harming a pupil or damaging the pupil’s emotionally harming a pupil or damaging the pupil’s property, or placing a pupil in reasonable fear of physical property, or placing a pupil in reasonable fear of physical or emotional harm to his/her person or damage to or emotional harm to his/her person or damage to his/her property, OR his/her property, OR

– has the effect of insulting or demeaning any pupil or has the effect of insulting or demeaning any pupil or group of pupils, ORgroup of pupils, OR

– creates a hostile educational environment for the pupil creates a hostile educational environment for the pupil by interfering with a pupil’s education or by severely or by interfering with a pupil’s education or by severely or pervasively causing physical or emotional harm to the pervasively causing physical or emotional harm to the pupil.pupil.

Resources

1.NJDOE Website (Keeping Our Kids Safe, Healthy & In School): www.state.nj.us/education/students/safety/behavior/hib/#s2.Stop Bullying Now: www.stopbullyingnow.gov3.Youth Voice Project: www.youthvoiceproject.com4.www.edutopia.org5.www.cyberbullying.us6.www.teachingtolerance.org

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