ANTI BULLYING TASK FORCE CHAIRPERSON Patricia Wright, Ed.M. Executive Director NJ Principals and Supervisors Association April 25, 2016 PAST VICE CHAIRPERSON Philip Hoyt Meisner, Esq. Vice President & Assistant General Counsel Hudson Media, Inc. VICE CHAIRPERSON Bradford C. Lerman, Psy.D. Director Inclusive Schools Climate Initiative Rutgers University MEMBERS Jessica de Koninck, Esq. Independent Consultant Toni Pergolin, M.A., CPA President & Chief Executive Bancroft Luanne Peterpaul, Esq. Partner Gluck Walrath Law Firm Joseph L. Ricca, Jr., Ed.D. Superintendent Elmsford Union Free School District, NY Dear Members of the State Board of Education, The Anti-Bullying Task Force was established in March 2012 as part of an amendment to the Anti-Bullying Bill of Rights Act (N.J.S.A. 18A:37-13 et seq). The Task Force was charged with examining the implementation of the law and drafting model regulations for promulgating code that supports schools in effectively carrying out the provisions of the Act. As Chairperson of the Task Force, I would first like to thank the NJ Department of Education for including the majority of our Task Force recommendations in the code revisions currently under your review. The Task Force members believe that adoption of these regulations will enhance our schools effective implementation of this important legislation. Over the course of our four year tenure, the Task Force carefully examined the many components of implementation. One issue continuously surfaced the over-reporting of alleged HIB (Harassment, Intimidation and Bullying) behaviors that overburden the antibullying specialist s (ABS), principal s, superintendent s and board of education s chain of responsibility with cases that clearly do not involve harassment, intimidation and bullying (HIB) behavior. These cases would be more appropriately and expeditiously handled through the district s code of student conduct. After several years of deliberation, the Task Force made a clear recommendation to amend the administrative code to establish a uniform procedure across districts containing minimum criteria that must be met for a principal to initiate an HIB investigation. The language below will authorize schools, through state code, to more effectively utilize resources to address cases of HIB and promote the prompt, appropriate resolution of incidents in the best interest of all students involved. We urge you to include this language in proposed N.J.A.C. 6A:16-7.7(a)2(ix.): Upon receipt of a report alleging harassment, intimidation or bullying, that prior to making the referral to the HIB specialist, the school principal shall initiate the investigation by reviewing the information presented and utilizing the Threshold Assessment Checklist determine whether the facts presented, if true, may constitute HIB pursuant to N.J.S.A. 18A: 37-14. When the facts presented, if true, do not satisfy the definition in law, the principal shall handle the matter consistent with the district's code of student conduct. The principal's determination shall be forwarded to the superintendent. All other reports shall be referred to the anti-bullying specialist for investigation. The use of the terms "harassment," "intimidation," and/or "bullying," in and of themselves, shall not determine whether or not the principal shall refer the matter to the anti-bullying specialist. If additional information becomes available subsequent to the principal s initial determination, the principal shall review the information utilizing the Threshold Assessment Checklist and refer it to the anti-bullying specialist, as appropriate, pursuant to this section. Although the proposed code does further clarify the role of the principal, in our view, it does not go far enough. The proposed N.J.A.C. 6A: 16-(2) requires each Board of Education to develop a policy to address the issue, however the proposed language of N.J.A.C. 6A:16-7.7(a)2(ix) makes the inclusion of language clarifying the principal s role a mere option for districts to consider in their local policies. Since the legislation has chosen to establish uniform statutory minimum procedures for dealing with allegations of HIB, including detailed timelines, role assignments and appeal procedures, even within the context of local board policy, the Task Force believes it is important for the code to do the same. 12 Center Drive Monroe Township, NJ 08831-1564 (609) 860-1200
This recommendation is based on the Legislature s contemplation, that principals would utilize the statutory procedures to determine whether an incident meets the minimum standard of the HIB definition before initiating an investigation. This legislative intent is confirmed in a letter to the Task Force, sent by the legislation s prime sponsor Assemblywoman Vainieri Huttle, which I have attached for your consideration. Additionally, this recommendation derives from the positive outcomes that will result from this regulatory clarification: clear and uniform procedures for all educators implementing the law, notice to parents that there will be a consistent approach across schools and districts, the empowerment of school officials to appropriately address student conduct issues and a more effective utilization of staff to investigate and promptly intervene in HIB incidents. The members of the Anti-Bullying Task Force, therefore, ask that the State Board adopt the Task Force language set forth herein. We thank you for your consideration and your dedication to the welfare of New Jersey students. Sincerely, Patricia Wright, Chairperson N.J. Anti-Bullying Task Force Encl: Vainieri Huttle Letter