Protecting Special Needs Students from Harassment, Bullying, and Intimidation in Schools
As parents and guardians, our primary responsibility is to safeguard the well-being of our children. For parents of special needs students, ensuring a safe and inclusive learning environment becomes even more critical. New Jersey has robust anti-bullying laws to protect all students, including those with special needs, from harassment, bullying, and intimidation (HIB). In this blog post, the team at Susan Clark Law Group LLC lays out the key aspects of New Jersey’s anti-bullying laws and the legal options available for victims.
New Jersey’s Anti-Bullying Laws
New Jersey has comprehensive anti-bullying legislation called the Anti-Bullying Bill of Rights Act. This New Jersey anti bullying law expanded the scope of existing legislation to address harassment, intimidation, and bullying (HIB) within schools. It goes beyond protected traits outlined in the New Jersey Law Against Discrimination and encompasses a broader range of characteristics. These laws aim to prevent and address school harassment, intimidation, and bullying by implementing proactive measures, including:
- Well-defined anti-bullying policies
- Public reporting requirements
- Periodic policy reviews
- Anti-bullying instruction
- Training
Definition and Types of Bullying
Under New Jersey’s anti-bullying laws, “harassment, intimidation, or bullying” refers to any gesture, written, verbal, or physical act, or electronic communication that a reasonable individual would perceive as being motivated by characteristics such as:
- Race
- Color
- Religion
- Gender
- Sexual orientation
- Disability
- Other distinguishing traits
Bullying can manifest in various forms, including physical, verbal, relational, and cyberbullying. It can involve insults, demeaning behavior, and creating a hostile educational environment, all of which can have severe physical and emotional impacts on special needs students.
Responsibilities of Schools
According to New Jersey law, schools play a vital role in preventing and addressing bullying incidents. Teachers and staff members must promptly report any alleged incidents of harassment, intimidation, or bullying to the principal. The school must initiate an investigation within one day of learning about the allegations and complete it within 10 school days. They must then report the investigation results to the school board and communicate them to the parents or guardians of the students involved. Schools must also have well-defined anti-bullying policies, implement preventative measures, and provide appropriate training to staff members on how to respond to bullying incidents effectively.
Reporting and Legal Options for Victims
If your child is a victim of bullying or harassment, it is crucial to take immediate action. Start by reporting the incident to the school administration. It’s a good idea to speak with a special education attorney to ensure the schools comply with all necessary steps per New Jersey law.
Maintain a detailed record of each bullying incident, including the dates, times, locations, and any evidence available. If the school fails to address the situation adequately or your child continues to suffer, getting legal guidance could provide an effective and timely solution for your family. Special education attorneys with experience in bullying cases can help protect your child’s rights and hold schools accountable for their failures to address bullying effectively.
What if My Child is Accused of Bullying?
If your child has been accused of bullying, you can appeal that decision to the School Board and Commissioner of Education. We specialize in handling these matters. Often, the school has not followed the correct procedure or considered all the relevant information. Your child has rights to ensure the process is fair and they are not negatively impacted by the school board or principal’s decision on bullying. The first step is getting access to the anti-bullying specialist’s investigation. You are entitled to this information. Then you can decide whether you have a legal basis to appeal that decision. Our attorneys can guide you in determining whether you have a legal basis to appeal the HIB finding.
Get Help from Our Bullying Lawyers in NJ
The attorneys Susan Clark Law Group LLC understand the challenges of protecting special needs students from harassment, bullying, and intimidation in schools. Our dedicated HIB lawyers can also help if your child is accused of bullying. We are committed to advocating for your child’s rights and ensuring that schools meet their obligations under New Jersey’s anti-bullying laws. We have extensive experience in combining the New Jersey Law Against Discrimination with other relevant state laws to pursue justice for victims of bullying. Call us today or contact us online to learn more about how we can help you.
