Legal Obligations of Schools for Preventing and Addressing Bullying and Harassment in New Jersey
Bullying is among the most concerning problems children face in school. This issue can be particularly critical for the parents of children with special needs. The experienced special education attorneys at Susan Clark Law Group LLC believe every child deserves a safe, welcoming, and inclusive learning environment. Understanding how schools should legally address bullying and harassment in New Jersey can help protect your child’s rights.
Types of Harassment and Bullying
Harassment and bullying in schools come in various forms, both subtle and overt. These include:
- Physical aggression
- Social exclusion
- Spreading rumors
- Verbal abuse
- Cyberbullying
Schools are legally bound to address bullying issues promptly and effectively. A special education lawyer in New Jersey can act immediately if your child’s school is not complying with the law.
What is New Jersey’s Anti-Bullying Bill of Rights Act (ABR)?
New Jersey’s anti-bullying laws are among the most stringent in the nation. The Anti-Bullying Bill of Rights Act (ABR), enacted in 2011, specifically outlines the responsibilities of schools and the legal repercussions if they fail to address incidents of harassment, bullying and intimidation (HIB) adequately.
The ABR elevates the responsibilities of schools to prevent, address, and report bullying. Schools must designate an anti-bullying specialist and form a safety team to foster a safe environment. The ABR also requires schools to notify parents of any incidents, conduct investigations within one school day, and report to the school board twice a year about the incidents and actions taken.
What are Schools Legally Obligated to Do to Prevent Bullying and Harassment?
New Jersey law requires schools to adopt a comprehensive official policy against harassment, intimidation, bullying, and cyberbullying. The policy must include clear statements against bullying, laying out precisely what constitutes HIB. Schools must also define the standard of behavior they expect from students.
Each school also needs a transparent procedure for reporting and investigating bullying, making it easy for students or parents to report incidents without fear of backlash. Specifically, it requires a principal or designated anti-bullying employee to initiate an investigation of an incident within one day of its report. What happens after that depends on the findings from the initial HIB investigation and the policy adopted by the Board of Education.
In the event of a bullying incident, the policy should clearly outline the consequences and appropriate remedial actions for the offender.
Schools shouldn’t view their policy as static. New Jersey laws encourage schools to conduct an annual review of their policies, taking input from their anti-bullying specialists. This review allows for necessary revisions and additions, ensuring the policy stays effective and up-to-date.
What to Do if Your Child Is Being Bullied or Harassed at School
If your child is being bullied or harassed, the first step is to report the incident to the school. Document the incident and the school’s response. If the school fails to take appropriate action or the bullying continues, contact a child harassment lawyer in New Jersey. An experienced attorney can guide you on your rights and possible legal actions you can take.
My Child is Accused of Bullying. What Now?
Bullying is taken seriously in New Jersey schools, and it should be. But that doesn’t mean decisions are always fair. If your child was involved in a bullying incident in school, getting legal advice on what to do can be crucial.
Parents can appeal a bullying decision to the School Board and Commissioner of Education. The attorneys at Susan Clark Law Group, LLC can help with these matters. In many cases, schools fail to follow mandatory protocols or fail to consider information that impacted the HIB finding. You are entitled to the anti-bullying specialist’s investigation. Our attorneys can review the details of the investigation and determine your legal options from there.
Call a Harassment and Bullying Lawyer Today
Bullying and harassment can significantly impact a child’s educational experience and well-being. When your child’s school fails to take effective action, seeking legal advice from a school harassment attorney in New Jersey can be invaluable. At Susan Clark Law Group LLC, we are committed to protecting your child’s rights and helping create a bully-free environment. Call us today for a free case evaluation to learn more about how we can help you in NJ HIB law.
