New Jersey School Boards Association

MEMORANDUM

TO:                 ADMINISTRATORS/BOARDS OF EDUCATION

FROM:           NJSBA POLICY AND LIBRARY RESOURCES DEPARTMENT

SUBJECT:     ANTI-BULLYING POLICY

DATE:            NOVEMBER 2002

On September 6, 2002 Governor McGreevey signed into law P.L. 2002, Chapter 83, legislation that requires each school district to adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus.  Under this law, districts must adopt the policy and transmit a copy to the appropriate county superintendent of schools by September 1, 2003.  NJSBA has updated the Critical Policy Reference Manual policy on student conduct and discipline (File Code 5131) to reflect the revisions in the law.  A copy of the revised policy and legal references is attached.

While the law allows local control over the content of its harassment, intimidation or bullying policy, it nevertheless requires the policy to contain, at a minimum, certain components which include but are not limited to the following:

• A statement prohibiting harassment, intimidation or bullying of a student;
• A definition of the offense no less inclusive than that set forth in the law;
• A description of the type of behavior expected from each student;
• The consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying;
• A procedure for the reporting and prompt investigation of complaints; and
• The range of ways in which a school will respond once such incidents are identified.

To assist districts in developing their policies, the law directed the Commissioner of Education to develop and issue a model policy applicable to grades kindergarten through 12 no later than December 1, 2002.  This model, along with issues for districts to consider in developing policy, is also attached.

Boards of education are encouraged to discuss the ramifications of the new law with their board attorney.  The attorney can advise the board as to a recommended course of action regarding the development of this policy and accompanying regulations.

To read the statute, access the New Jersey Legislature web site at www.njleg.state.nj.us and find Chapter 83, P.L. 2002.

Click here for Policy 5131P - Conduct and Discipline

Click here for Legal Reference 5131LR - Conduct and Discipline

Click here for NJDOE model anti-bullying policy