Phil Stern's Presentation

7/31/2019 Phil Stern's Presentation

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NEW JERSEY SCHOOL BOARDS

ASSOCIATIONOCTOBER 23, 2012

The Anti-Bullying Bill of Rights Act:YEAR TWO

Philip E. Stern, Esq.Adams Stern Gutierrez & Lattiboudere, LLC

1037 Raymond Blvd., Suite 900Newark, New Jersey 07102

(973) 735-2742

Copyright 2012 ASG&L 1


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Legislative Intent

To establish clearer standards on what constitutes harassment, intimidation,and bullying, and clearer standards on how to prevent, report, investigate,and respond to incidents of harassment, intimidation, and bullying;

Reduce the risk of suicide among students and avert not only the needlessloss of a young life, but also the tragedy that such loss represents to thestudents family and the community at large.



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DEFINITION OF HARASSMENT,INTIMIDATION AND BULLYING:

"Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, or

any electronic communication 1, whether it be a single incident or a series of incidents,1 that isreasonably perceived as being motivated either by any actual or perceived characteristic, such asrace, color, religion, ancestry, national origin, gender, sexual orientation, gender identity andexpression, or a mental, physical or sensory disability, or by any other distinguishingcharacteristic, that takes place on school property, at any school-sponsored function,1 on a schoolbus 1, or off school grounds as provided for in section 16 of P.L. , c. (C. ) that substantiallydisrupts or interferes with the orderly operation of the school or the rights of other students1 andthat:

a. a reasonable person should know, under the circumstances, will have the effect ofphysically or emotionally harming a student or damaging the student's property, or placing astudent in reasonable fear of physical or emotional harm to his person or damage to his property;

b. has the effect of insulting or demeaning any student or group of students 1;1or1

c. creates a hostile 1educational1 environment for the student 1

d. by interfering with a students education or by severely or pervasively causing physicalor emotional harm to the student1.



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18A:6-112 Suicide Prevention

The instruction in suicide prevention shallinclude information on the relationshipbetween the risk of suicide and incidents

of harassment, intimidation, and bullyingand information on reducing the risk ofsuicide in students who are members of

communities identified as having membersat high risk of suicide.



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Timeline for Investigating and

Reporting HIB School Day 1:

HIB occurs and/or employee learns of HIB.

Verbal report to be made to principal.

Principal must inform parents/guardians of allstudents involved.

By School Day 2:

Principal must initiate investigation by Anti-Bullying Specialist within one school day ofreport; may appoint others to assist.



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Reporting HIB, continued By School Day 3:

Written report to principal to be made within2 days of when employee witnessed or

received reliable information that a studentexperienced HIB.

By School Day 11:

Investigation complete (by 10 school daysfrom written report)



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Reporting HIB, continued By School Day 13:

Results of investigation must be given tosuperintendent within 2 school days of

completing investigation. Superintendentmay decide to take action (e.g., interventionservices, training, discipline, counseling, etc.).

Report to Board: Superintendent must report to Board at next board

meeting following completion of investigation.



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STUDENTS WITH

DISABILITIES 130. (New section) Nothing contained

in the Anti-Bullying Bill of Rights Act,P.L.2002, c.83 (C.18A:37-13 et seq.), as

amended and supplemented by P.L. ,shall alter or reduce the rights of astudent with a disability with regard to

disciplinary actions or to general or specialeducational services and supports.1



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HIB TODAYStar Ledger,

October 3, 2012 Report reveals extent of bullying

Accusations soar in wake of new law

By Jessica Calefati and Jeanette Rundquist

Star-Ledger Staff

New Jersey public school students endured 12,024 instances ofbullying, harassment and intimidation last school year, according toa report released yesterday by the Department of Education thatoffers the most detailed portrait to date of how and why studentsare tormented in the classroom.

Driven by the requirements of a tough new anti-bullying law, thenumber of incidents reported during the 2011-12 school yearincreased fourfold over the previous year. Under the new law,students can report bullying anonymously and districts are requiredto document and investigate every accusation.



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HIB TODAY

The new statistics also paint a picture of which students were targetedmost frequently.

Nearly 10 percent of victims reported taunting because of their gender. In8.4 percent of incidents, students were bullied because of their race, and in9.4 percent of the cases, the harassment was because of a students mental

or physical disability, the report said. Long Branch Superintendent Michael Salvatore said he was not surprised

by the increase in incidents and said he thought the total would be higher.

I dont think theres more bullying happening now. I think people areeducated on what bullying actually is, Salvatore said. Things that mayhave been classified as conflict or teasing before are now being qualified asbullying.

According to the report, there were 123 reported incidents in Salvatoresdistrict, which has about 5,300 students. More than 200 accusations wereinvestigated, he said.



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HIB TODAY

The incidents, Salvatore said, ranged from one student glaring at another toaggressive altercations and social media harassment.

(The law) forces everyone to say, What services are we going to provide to thevictim? as opposed to just providing consequences to the aggressor, he said.

Elsewhere, Elizabeth and Woodbridge each reported 177 incidents the highesttotals in the state. There were 113 incidents in Mount Olive, and 130 in Phillipsburg.Just 10 incidents were reported in Perth Amboy, the lowest number among thestates largest districts.

Bullying is most pervasive in the states middle schools, according to the report.Half the 13,101 bullies last school year were in grades 5 to 8, though students inthose grades account for just 30 percent of the public school population.

More than 70 percent of the students targeted reported feeling insulted or

demeaned by their peers, the report said. Nearly 30 percent reported fearing physicalor emotional harm or that their property might be damaged, it said.

One third of the bullies told school officials they knew their actions wouldphysically or emotionally cause harm to the victim and one quarter of the verbal,emotional and physical attacks disrupted the victims education, according to thereport.



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HIB TODAY

Education Commissioner Christopher Cerf said the data represent a new baseline for understandingthe extent and nature of bullying, harassment and intimidation in the states public schools.

We are committed to being as transparent as possible about circumstances that impact the healthand safety of our students, Cerf said in a statement. This report provides important informationto districts, schools, parents and the public about the areas where programs and policies arehaving a positive impact, or where more support may be needed.

There have been a number of high-profile bullying incidents in New Jersey over the past few years

In 2010, Rutgers University freshman Tyler Clementi committed suicide after learning his roommateused a web cam to view him in an intimate encounter with a man.

This year, a 16-year-old Morristown High School student committed suicide after relentlessbullying by a group of his peers.

Steven Goldstein, chairman of the gay-rights group Garden State Equality, which advocated fora stringent state anti-bullying law, called the statistics prime evidence that the states anti-

bullying law is working. Jonathan Seltzer of East Brunswick said he was bullied beginning on the second day of school

last year. He reported the incidents to school officials and was found to be a victim.

The new law, he said, did help me a lot.

It gave me the control and ability to start speaking out. It gave me a right to let my voice beheard, said Jonathan, who is 12 and a seventh-grader at Hammarskjold Middle School.

This year, Jonathan is running for student council president, because I want to try to make

sure my school is a safe place, he said. And I want the bullies to know they cant stop me.Copyright 2012 ASG&L 13


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THE NEW WAVE..

ALLEGATIONS AGAINST

TEACHERS

ADMINISTRATORS

BOARD MEMBERS

ALL STAFFCopyright 2012 ASG&L 14


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IN THE PIPELINE

1. Expungement

2. Failure to Act3. Process

4. Cyber Issues



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THANK YOU!!!!!


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