Sponsored by:
Assemblywoman ANDREA KATZ
District 8 (Atlantic and Burlington)
Assemblywoman LUANNE M. PETERPAUL
District 11 (Monmouth)
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
Co-Sponsored by:
Assemblywoman Hall
SYNOPSIS
Amends public school laws on harassment, intimidation, and bullying to apply to certain acts against teachers and staff members; revises definition of harassment, intimidation, or bullying in Anti-Bullying Bill of Rights Act.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning harassment, intimidation, and bullying in the public schools and amending P.L.2002, c.83 and P.L.2010, c.122.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2002, c.83 (C.18A:37-14) is amended to read as follows:
2. As used in this act:
Deceptive audio or visual media means any video recording, motion picture film, sound recording, electronic image, photograph, any technological representation of speech or conduct substantially derivative thereof, or any forgery or facsimile of a document or writing, that appears to a reasonable person to realistically depict any speech, conduct, or writing of a person who did not in fact engage in the speech, conduct, or writing, and the production of which was substantially dependent upon technical means, rather than the ability of another person to physically or verbally impersonate the person;
"Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager;
"Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, [or] any electronic communication, or any act or communication, including electronic communication, that uses deceptive audio or visual media, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds as provided for in section 16 of P.L.2010, c.122 (C.18A:37-15.3), that substantially disrupts or interferes with the orderly operation of the school or the rights of other students, teachers, or staff members and that:
a. a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student, teacher, or staff member or damaging the [student's] property of a student, teacher, or staff member, or placing a student, teacher, or staff member in reasonable fear of physical or emotional harm to [his] the person of the student, teacher, or staff member or damage to [his] the property of the student, teacher, or staff member;
b. has the effect of insulting or demeaning any student, teacher, staff member, or group [of students] thereof; or
c. creates a hostile educational environment for the student, teacher, or staff member by interfering with [a student's] that persons education or career or by severely or pervasively causing physical or emotional harm to the student, teacher, or staff member.
(cf: P.L.2010, c.122, s.11)
2. Section 3 of P.L.2002, c.83 (C.18A:37-15) is amended to read as follows:
3. a. Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus. The school district shall adopt the policy through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives.
b. A school district shall have local control over the content of the policy, except that the policy shall contain, at a minimum, the following components:
(1) a statement prohibiting harassment, intimidation or bullying of a student, teacher, or staff member;
(2) a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2 of P.L.2002, c.83 (C.18A:37-14);
(3) a description of the type of behavior expected from each student;
(4) consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying. The consequences for a student who commits an act of harassment, intimidation, or bullying may include: for the first act of harassment, intimidation, or bullying committed by a student, a copy of the results of the investigation shall be placed in the student's record and the student may be subject to remedial actions, including the provision of counseling or behavioral intervention services, or discipline, or both, as determined by the principal in consultation with appropriate school staff; for the second act, a copy of the results of the investigation shall be placed in the student's record and the student may be subject to remedial actions, including the provision of counseling or behavioral intervention services, or discipline, or both, as determined by the principal, in consultation with appropriate school staff; and for the third and each subsequent act, a copy of the results of the investigation shall be placed in the student's record, and the principal, in consultation with appropriate school staff, shall develop an individual student intervention plan which shall be approved by the superintendent of schools or the superintendent's designee, and may include remedial actions including counseling or behavioral intervention services, or progressive discipline, or both, and may require the student, accompanied by a parent or guardian, to complete in a satisfactory manner a class or training program to reduce harassment, intimidation or bullying behavior.
The superintendent of schools or the superintendent's designee and the principal shall consult law enforcement, as appropriate, pursuant to the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials, if the student's behavior may constitute a possible violation of the New Jersey Code of Criminal Justice;
(5) a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment, intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the same day when the school employee or contracted service provider witnessed or received reliable information regarding any such incident. The principal shall inform the parents or guardians of all students involved in the alleged incident, and may discuss, as appropriate, the availability of counseling and other intervention services. The principal shall