Bullying is an unfortunate reality in K-12 school systems across the country, and children with disabilities often bear the brunt of mistreatment by peers. While many school districts have zero-tolerance policies for all forms of harassment and abuse, these policies may not always protect children as intended. Thankfully, schoolchildren throughout New Jersey and their parents have a number of rights in state and federal law that can mitigate or even end the harms of bullying.
As a parent, your natural impulse if your child is being bullied is to stand up for them – and help them stand up for themselves. At Sussan, Greenwald & Wesler, our state-leading experience in special education litigation extends to winning judgments for children who have been affected by the worst forms of bullying and their parents and guardians. Our team of compassionate and skilled New Jersey education attorneys is here to help you and your child exercise your right to a safe, equitable, and bullying-free public schooling.
Contact SGW Law now or continue reading for more information on anti-bullying laws in NJ.
What is the Definition of Bullying in the State of New Jersey?
Bullying can take on many forms, but the state of New Jersey defines the term as “any gesture, any written, verbal or physical act, or any electronic communication that substantially disrupts or interferes with the orderly operation of the school or the rights of other students.”
The state law goes on to clarify this broad definition by saying that bullying is an act that a reasonable person would know places a student at risk of physical or mental harm or damage to their property, demeans a student or group of students, and creates a hostile education environment.
Under this definition, bullying may be something as casual as a verbal, written, or online insult or as severe as an assault. It’s important to note that a student may be bullied for either actual or perceived characteristics. For example, students are sometimes subjected to homophobic abuse whether they identify as LGBTQ+ or not, and both Muslim students and those of the Sikh faith have faced Islamophobic bullying due to perceived similarities of religious clothing.
Because so many general and specific kinds of bullying exist in New Jersey and federal law, there may be cause for legal action if a school fails to prevent or stop a student from being harassed or attacked in any way.
Federal and NJ State Anti-Bullying Laws and Programs
For over 50 years, the US federal government has recognized school bullying as a nationwide problem that has a severe negative effect on the health and happiness of young people. For this reason, Congress has included sections aimed at reducing and preventing bullying in a number of important overarching laws. Meanwhile, New Jersey is one of the states that has passed a specific law guaranteeing students rights against bullying.
Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is the most major piece of federal legislation governing special education nationwide. Its purpose is to offer a “free appropriate public education to eligible children with disabilities” as well as to authorize various types of grants funding special education, related services, and research. Under IDEA Part B, children and young adults aged 3 to 21 are afforded the right to an education that meets their needs, no matter what public school district they attend.
Section 504 of the Rehabilitation Act of 1973
The name “504 plans” referring to assistance plans for students with disabilities comes from Section 504, but in general, this part of the law protects qualified individuals from discrimination based on disability. In terms of education, school districts that benefit from federally funded programs cannot “deny access to programs, services, benefits or opportunities to participate” and thus must make reasonable accommodations. These can include anti-bullying measures when bullying disrupts these forms of access for students.
Title II of the Americans with Disabilities Act (ADA)
The landmark Americans with Disabilities Act covers disability rights within state and local government activities within its Title II provisions. States and municipalities are required to give those with disabilities a chance to participate in public education, but also in recreation, courts of law, voting, employment, and other facets of public life.
If a school district fails in this responsibility to a student who is disabled, the affected party can file a complaint to the Department of Justice within 180 days of the violation. For example, if a student has hearing loss and their school does not provide them with written materials during lecture classes or allow them to view a documentary with their class using closed captions, that student has been deprived of their rights and may take legal action.
New Jersey Anti-Bullying Bill of Rights Act
The New Jersey Anti-Bullying Bill of Rights Act (ABR) was first enacted in 2010 to supplement the 2002 state statute on public school bullying, and has been regularly amended since. Some of the most important rights accorded to students by this law include having access to an anti-bullying specialist and having incidents investigated and reported promptly.
What Are The Legal Obligations of NJ Schools in Addressing and Preventing Bullying?
Outlined in the ABR are a number of specific procedures that schools must follow in the wake of a bullying incident. Each of these steps is intended to preserve student safety and mental health, and there are legal consequences if a school or district is found to have neglected any of them.
Reporting Requirements
Under the current amendments to the ABR, which took force in 2022, all school employees are required to file a report whenever they witness an act of violence, intimidation, or bullying. This broad requirement covers physical fights, the use of ethnic, religious, ableist, or other slurs with the intent to intimidate, “pranks” committed as acts of hazing on sports teams, and many other scenarios.
This report should detail the incident to the school principal, and a copy must be forwarded to the district superintendent. Furthermore, under the law, public hearings must be held twice a year in which superintendents present all reports since the last hearing to the board of education. Superintendents must also notify the public about the status of each incident’s investigation and response.
Anti-Bullying Specialists and Coordinators
All New Jersey schools are required to appoint an anti-bullying specialist, whether that person is a guidance counselor or school psychologist or an outside professional hired for this particular role. The anti-bullying specialist’s job is to investigate all reports of bullying, harassment, and intimidation, to lead the school safety team, and to take all necessary action to prevent students from being bullied.
School districts must also have an anti-bullying coordinator appointed by the superintendent. The anti-bullying coordinator is responsible for managing anti-bullying policy in the district, communicating with all school anti-bullying specialists within the district and providing them resources, and reporting bullying-related data to the NJ Department of Education. Twice each year, school districts must hold a meeting between the district anti-bullying coordinator and all school anti-bullying specialists so that policies can be updated and implemented better.
School anti-bullying specialists should keep an open door and make themselves available and approachable for students. This includes making accommodations for students with disabilities, such as receiving reports of incidents both in person and in writing.
Investigation
When bullying is reported, the school anti-bullying specialist must begin investigating within one school day of the report and complete the investigation within the next ten school days, although the findings of investigations may be amended after that time. They can appoint other school officials to assist in the investigation, and the findings must be reported to the district superintendent within two days of completion.
The superintendent’s responsibility in this case is to review the findings and act accordingly by providing intervention services, imposing discipline, ordering counseling, or recommending another appropriate action. If a superintendent is taking action about a case of harassment of a student who has cerebral palsy, for example, they should tailor the response to the needs of the affected student and the facts of the case. They may have the school implement a disability awareness program, help the student who was bullied find a support network, and recommend discipline for perpetrators that includes disability education.
Consequences and Remedies
Students who have bullied, witnesses, and school officials reporting bullying are legally protected from retaliation by schools and districts and may bring a lawsuit if they are subject to reprisal. School officials who make reports of bullying are immune from damages, and school administrators who fail to take sufficient action after a report of bullying face disciplinary action.
The New Jersey Anti-Bullying Bill of Rights Act provides students with strong protections of their civil rights at school. SGW Law’s experienced team of NJ special education lawyers has brought many cases that have helped students get restitution after these rights have been violated.
What To Do If Your Child Is Being Bullied
As a loving parent or guardian, you are one of the people your child trusts most and someone they should be able to feel comfortable confiding in. If you suspect your child is suffering due to bullying, you should ask them about it without pressuring them. And if they tell you they are being bullied, you should waste no time in contacting their school. However, if school and district officials don’t act in a way that helps your child, it’s time to make your legal rights known.
Get in contact with us at SGW Law and we’ll assist you and advise you in every step it takes to allow your child to feel safe at school. From conversations with school administration all the way to the courtroom, you and your child will benefit immensely from our NJ education law experience on your side.