Bullying Of and By the Student with Special Needs New Jersey

1
Bullying Of and By the Student with Special
NeedsNew Jerseys Anti-Bullying Bill of Rights
Act

• Lehigh Universitys 41st Special Education Law
  Conference
• May 10, 2013
• Michael F. Kaelber, Esq. - NJSBA

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Anti-Bullying Bill of Rights Act

• P.L. 2010, Chapter 122
• Approved January 5, 2011, Effective 9/1/2011
• Amending
• P.L. 2002, Chapter 83
• P.L. 2007, Chapter 129
• P.L. 2007, Chapter 303
• Amended by P.L 2012, Chapter 1 3/26/12
• N.J.S.A. 18A37-13 et. seq.

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
3
Anti-Bullying Bill of Rights Act

• May 10, 2013
• From the School Board and Employee Perspective
• What Have We Done?
• Where Are We Now?

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
4
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• Adopted Revised Policy
• Enhanced HIB Reporting Required
• Prompt Investigation Process
• Enhanced Board of Education Role
• Reporting, Training, Communication
• Personnel, Programs, Services
• School District Accountability

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
5
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• FEAR

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
6
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• Phase I
• Awareness and Compliance
• Phase II
• Whats Next and Beyond?
• Bill Parcells

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
7
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• Violence and Vandalism in the Schools Report
  2011-2012
• Total Number of Incidents Reported
• 2010-2011 17,386
• 2011-2012 26,139
• Number of HIB Investigations 35,552
• Number of confirmed HIB incidents 12,024
• Mental, Physical or Sensory Disability 9.4

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
8
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• New Jersey Anti-Bullying Task Force
• Interim Report 1/26/13
• Focus Groups and Surveys of anti-bullying
  specialists and coordinators
• Clarification on definition overreporting
• Better training on roles of anti-bullying
  personnel
• Greater flexibility with investigations principal

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
9
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• New Jersey Anti-Bullying Case Law
• L.B.T. o/b/o K.T. v. Board of Education of the
  Freehold Regional School District 3/7/13
• W.C.L. and A.L. o/b/o L.L. v. Board of Education
  of the Borough of Tenafly 1/10/13
• J.M.C. o/b/o A.C. v. Board of Education of the
  Township of East Brunswick 1/9/13

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
10
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• New Jersey Anti-Bullying Case Law
• L.H. and M.H. o/b/o J.H. v. Deerfield Township
  Board of Education 10/12/12
• C.P. o/b/o D.V. v. Fair Lawn Board of Education
  8/21/12
• F.F. and L.F. o/b/o N.F. v. Matawan-Aberdeen
  Board of Education and Matawan-Aberdeen Board of
  Education v. F.F. and L.F. o/b/o N.F. 7/26/12

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
11
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• New Jersey Anti-Bullying Case Law
• In the Matter of the Tenure Hearing of Steven E.
  Roth 6/25/12
• J.K. o/b/o P.B. v. Board of Education of the
  Township of Springfield 2/9/12
• L.T. and L.T. o/b/o K.T. v. Neptune Township Bd.
  of Ed 3/1/12

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
12
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• New Jersey Anti-Bullying Case Law
•  
• K.L. v. Evesham Twp. Bd. of Ed., A-1771-10T3,
  12/12/11
• Howell Township Board of Education v. J.D. and
  T.D. o/b/o A.D., 3/17/11
• F.J. o/b/o A.J. v. Fairfield Township Board of
  Education, 7/12/10

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
13
Anti-Bullying Bill of Rights Act2011-2013
Implementation

• New Jersey Anti-Bullying Case Law 
• H.S. and N.S. o/b/o A.S. v. Moorestown Township
  Board of Education, 3/20/08
• L.S. o/b/o C.S. v. Central Jersey Arts Community
  School Board of Education, 10/11/07
• Shore Regional High School v. P.S. o/b/o P.N.,
  381 F.3d 194 (3d Cir. 2004)

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
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Harassment, Intimidation and Bullying Frequently
Asked Questions

• What is the Board of Educations Policy Role in
  HIB?
• Review, Revise, Improve

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
15
Harassment, Intimidation and Bullying Frequently
Asked Questions

• How Does a School District Pay for the Increased
  Costs to Implement its Enhanced HIB Program?
• Bullying Prevention Fund Commissioner Request

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
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NJSBA/NJASA/NJASBO HIB Survey

• 2.2 million total cost among 206 respondents
• Professional development, 451,292 (avg. 3,959)
• Materials and software, 444,319 (avg. 4,534)
• Programs and initiatives, 223,029 (avg. 3,431)
• Personnel, 1,084,065 (avg. 25,211)

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
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NJSBA/NJASA/NJASBO HIB Survey

• Personnel costs (most frequently cited)
• 39 Increased compensation for existing staff
  member designated as Anti-Bullying Coordinator
• 32 Increased compensation for Anti-Bullying
  Specialists
• 20 Increased compensation for other personnel
  who took on coordinators or specialists
  previous duties
• 15 Hired new staff member as coordinator.

New Jersey School Boards Association Serving
Local Boards of Education Since 1914
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Anti-Bullying Bill of Rights Act

• In Re Allamuchy Twp.
• http//www.state.nj.us/localmandates/pending/Allam
  uchy.html
• What is the Council on Local Mandates Decision?
• What does it mean for school districts? For
  anti-bullying efforts?
• P.L. 2012 c. 1 Did it eliminate the issue?

New Jersey School Boards Association Serving
Local Boards of Education Since 1914