Legal Strategies to Address Bullying and Harassment of Special Needs Students in New Jersey

New Jersey takes school bullying seriously. The New Jersey anti-bullying law outlines the responsibility of schools and school boards to address reports of bullying and handle them effectively and efficiently. But what happens if a special needs child is the victim of bullying or accused of bullying at school? If school officials violate state policies, you could take legal action to address the problem.  

Legal Recourse for Victims

 Do you need help protecting your vulnerable special needs child from bullies? Here’s a step-by-step guide for what to do in New Jersey: 

• Report the bullying to the school – The school should have an anti-bullying specialist appointed by the principal, such as a guidance counselor or psychologist. The specialist must investigate reports of harassment, intimidation, or bullying (HIB) and address them promptly. If the school or Board of Education fails to respond to the report within 10 days, you can request a hearing from the Board in executive session.   
• Notify the County Office of Education – If you believe the school did not comply with the New Jersey Anti-Bullying Bill of Rights Act (ABR), you can file a complaint outlining the reason for the complaint and a proposed resolution. A special needs lawyer in New Jersey can help you prepare the complaint. 
• Contact the NJ Department of Education (NJDOE) – The NJDOE may help address your HIB concerns to resolve disputes. 
• Appeal to Commissioner of Education – You can file a petition asking for the commissioner’s help resolving the dispute. 
• File a complaint with the Division of Civil Rights or the New Jersey Superior Court – Depending on the nature of the bullying and the legal violations, your case may need to escalate to the court level for resolution. 
• Contact a bullying and civil rights lawyer – An attorney will determine if you have a cause of action against the school or person bullying your child.

One of the main obstacles in many school bullying cases is the notice or knowledge requirement. No matter how severe and pervasive the bullying may have been, schools frequently avoid liability by arguing that they did not have actual or constructive notice of the bullying. 

Where Bullying Occurred Can Make a Difference

School districts may be liable for bullying or harassment of a student on school grounds or when the student is in school. This covers bullying and harassment that occurs: 

• In school buildings
• During extracurricular activities
• On a school bus 
• On athletic fields 
• Via computers, cellphones, or other devices (e.g., cyberbullying), in some cases 

Schools typically only owe their students a duty of protection from third-party harm when it knows they can control the third party’s conduct. A school district may be liable for failing to address cyberbullying initiated on school computers and laptops and perhaps even on personally-owned devices (e.g., cell phones) if the harassment occurs on school grounds. However, a school district may also be liable for cyberbullying that occurs off school grounds if it causes substantial disruption to the school environment. 

It’s wise to work with a bullying lawyers in NJ when dealing with suspected HIB law violations or tort claims action against the school.  A trained professional can help you leverage the state’s Anti-Bullying Bill of Rights Act to enforce your child’s rights and hold schools accountable for their oversights. If your child is a victim of bullying, an attorney can guide you.

Due Process and Procedural Safeguards

 Parents have due process rights under New Jersey anti-bullying laws and policies, but knowing when to get legal help in exercising those rights can be challenging. Since bullying can have severe physical and psychological impacts on children, the HIB lawyers at Susan Clark Law Group LLC recommend getting support from a legal professional as soon as you realize the school is not complying with its duties. Your child’s safety and emotional health are always the priority, and a lawyer can act quickly to seek a resolution for your family and help you cope with the aftereffects of bias-based bullying, discriminatory bullying, cyberbullying, and other HIB law violations.   

Role of Law Enforcement and Other Agencies

Under state law, citizens may report schools and bullies to the police. Additionally, the superintendent of schools can consult law enforcement when appropriate if a bully’s behavior violates New Jersey’s Code of Criminal Justice. In some instances, it may be possible for a bully to be charged with a criminal offense due to bullying or harassing behaviors.  

Tort Claims Against Schools

A school has several obligations under the New Jersey Tort Claims Act. It also has obligations under the New Jersey Law Against Discrimination in cases where bullying is based on sex, sexual orientation, perceived sexual orientation, disability, perceived disability, race, ethnicity, religion, or creed. Contact an attorney that looks not only at your cause of action, but can be sensitive to your family’s needs to ensure that your family is not future victimized by the process. School and civil rights attorneys can litigate bullying and bias-based bullying in schools. Your attorney should hold school professionals, educators, and school boards accountable for their failures to follow the New Jersey Anti-Bullying Law and correctly prevent, investigate, and respond to school bullying, cyberbullying, and bias-based or discriminatory bullying.

How Our Bullying, Harassment, and Civil Rights Lawyers Can Help  

Is your child being bullied or harassed at school? If so, the experienced bullying and civil rights lawyers at Susan Clark Law Group LLC can help. Contact our bullying lawyers in NJ today for a free consultation about your legal options.