Model Policy and Guidance For Prohibiting Harassment, Intimidation and Bullying on School Property, at School-Sponsored Functions and on School Buses

MODEL POLICY AND GUIDANCE FOR
PROHIBITING HARASSMENT, INTIMIDATION AND BULLYING
ON SCHOOL PROPERTY, AT SCHOOL-SPONSORED FUNCTIONS
AND ON SCHOOL BUSES
(Revised April 2007)

Legislation (N.J.S.A. 18A:37-13 et seq.) enacted on September 6, 2002 required each school district to adopt a policy prohibiting harassment, intimidation and bullying on school property, at school-sponsored functions and on school buses. To assist each district board of education in developing this policy, the legislation required the Commissioner of Education to develop and issue a model policy applicable to grades kindergarten through twelve. Additionally, on August 3, 2005 the New Jersey State Board of Education adopted regulations on intimidation, harassment and bullying at N.J.A.C. 6A:16-7.9. This document is a revision of the model policy originally published in September 2003 and revised in April 2006, and includes appropriate references to new regulations and emergent information on harassment, intimidation and bullying.

Under N.J.S.A. 18A:37-15 and N.J.A.C. 6A:16-7.9(a)2, each district board of education is granted local control over the contents of the policy and ancillary procedures, but, at a minimum, the components listed in the authorizing statute and the regulations must be included in the school district’s policy prohibiting harassment, intimidation and bullying. Some of the provisions of the authorizing statute and the regulations call for the district board of education to stipulate the consequences and appropriate remedial actions for the following instances: 1) persons violating the policy; 2) persons who engage in reprisal or retaliation against someone who reports a violation of the policy; and 3) persons who falsely report allegations of harassment, intimidation or bullying as a means of retaliation or as a means of harassment, intimidation or bullying. Another provision that appears in the statute and the regulations requires the district board of education’s policy to articulate the range of different measures a school will take to respond to violations of the policy.

The New Jersey Department of Education (NJDOE) recognizes that decisions about consequences and actions to be taken in response to violations of policies prohibiting harassment, intimidation and bullying should take into consideration the unique circumstances of the acts and the persons involved, as well as the unique conditions and characteristics in each school district. Each district board of education’s policy, however, must comport with existing school district policies, including those that address the provisions of N.J.A.C. 6A:16, Programs to Support Student Development, in general, and N.J.A.C. 6A:16-7, Student Conduct and N.J.A.C. 6A:16-7.1, Code of student conduct, in particular, as well as the provisions of the district’s Memorandum of Agreement Between Education and Law Enforcement Officials, pursuant to N.J.A.C. 6A:16-6, Law Enforcement Operations for Substances, Weapons, and Safety.

The policy must conform to the case law and statutes, including Saxe v State College Area School Dist., 240 F. 3d 200 (3d Cir. 2001); Davis v. Monroe County Board of Education, 526 U.S. 629 (1999); L.W. v. Toms River Reg’l Schs. Bd. of Educ., SUPREME COURT OF NEW JERSEY, 189 N.J. 381; 915 A.2d 535; 2007 N.J. LEXIS 184, November 13, 2006, Argued, February 21, 2007, Decided; N.J.S.A. 2C:33-4, Harassment; N.J.S.A. 10:5-1 et seq., Law Against Discrimination; N.J.S.A. 18A:36-20, Discrimination; prohibition; N.J.S.A. 18A:38-5.1, No child to be excluded from school because of race, etc. Additional resources are identified at the end of this document.

The district board of education should not adopt the format of this document for its approved policy and procedures for acts of harassment, intimidation or bullying. For the reasons explained above, the model policy provided below is written in a format that provides guidance for the district board of education to use in developing its own policies and procedures, rather than only providing model policy language. This model policy explains the provisions that district policies and procedures must include; where appropriate, suggests model language, which is not intended to be a complete description of all of the possible provisions of a local district board of education’s policies and procedures; and notes issues for a district to consider in developing policies and procedures that fit its own unique situation and that are consistent with existing policies. The model policy has been developed to address each provision of the statute, in sequence, and includes citations for each regulatory provision. However, nothing in the model policy or in the legislation is meant to preclude a school district from including additional provisions, or from using language and formats that are consistent with the district board of education’s approved policies and procedures. The district board of education is encouraged to integrate the harassment, intimidation and bullying policy and procedures into the existing code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, rather than create a separate policy for harassment, intimidation and bullying behaviors.

The district board of education should not adopt the model language or other content in this document as the entirety of its approved policies and procedures for acts of harassment, intimidation or bullying. Careful consideration of all issues must inform the final policy of the district. For the reasons explained above and below, the model policy language provides only general points for the district board of education’s policy, rather than all-inclusive policy language that addresses local values, issues and priorities.

The following descriptions of applicable regulations make it clear that the content and format of local policies and procedures must be developed locally. In accordance with N.J.A.C. 6A:16-7.9(a)1, each district board of education must develop its harassment, intimidation and bullying policy in consultation with comprehensive representation from the school and community, and the policy must be consistent with the provisions of N.J.A.C. 6A:16-7, Student Conduct, as appropriate. Pursuant to N.J.A.C. 6A:16-7.1(a)1, each district board of education’s code of student conduct also must be based on parent, student and community involvement which represents the composition of the schools and communities. Pursuant to N.J.A.C. 6A:16-7.1(a)2, the code of student conduct must be based on locally determined and accepted core ethical values adopted by the district board of education. Additionally, N.J.A.C. 6A:16-7.1(a)3 requires a process for the annual review and update of the code of student conduct. As a result of these requirements and the impracticality of anticipating the divergent and changing values, needs, priorities and practices of each school district in New Jersey, this document is presented as a summary guide and model, and is not a complete and final policy to be adopted by the district board of education.

SAMPLE MODEL POLICY
PROHIBITING HARASSMENT, INTIMIDATION AND BULLYING
AND ISSUES FOR CONSIDERATION

The policy shall contain a statement prohibiting harassment, intimidation or bullying of a student. N.J.S.A. 18A:37-15(3)(b)(1) and N.J.A.C. 6A:16-7.9(a)2i

The district board of education prohibits acts of harassment, intimidation or bullying. The district board of education has determined that a safe and civil environment in school is necessary for students to learn and achieve high academic standards; harassment, intimidation or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its students in a safe environment. Since students learn by example, school administrators, faculty, staff and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect and refusing to tolerate harassment, intimidation or bullying.

Although not required, a statement of purpose is helpful to clearly establish the goal of the policy. The district board of education may consider parallel expectations against harassment, intimidation and bullying to include employees, visitors and volunteers; however, care should be taken to ensure that policies for these groups are consistent with the case law, Federal and State laws, regulations and policies, including, but not limited to, those against hazing, bias crimes and assaults, as well as the district’s board-approved policies, procedures and agreements.

The policy shall contain a definition of harassment, intimidation or bullying no less inclusive than:

"Harassment, intimidation or bullying" means any gesture or written, verbal or physical act that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory handicap, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function or on a school bus and that:

Model Policy Language

The district board of education establishes that "harassment, intimidation or bullying" means any gesture or written, verbal or physical act that takes place on school property, at any school-sponsored function or on a school bus and that:

Issues for Consideration

The district board of education should make it clear that the policy includes the motivating factors set forth in the authorizing statute (N.J.S.A. 18A:37-14). Not all acts of bullying, however, are motivated by characteristics such as the target’s race, color, religion, gender or sexual orientation. Some acts of bullying are simply one child exercising power and control over another either in isolated incidents (e.g., intimidation, harassment) or patterns of harassing or intimidating behavior (e.g., bullying). If the district board of education chooses to consider acts of bullying not motivated by the factors identified in the authorizing statute, they should take care to ensure that any expansion of the motivating factors should be consistent with the case law, Federal and State statutes, regulations and policies and the district board of education’s approved policies, procedures and agreements.

The policy and procedures may address and impose consequences for acts of harassment, intimidation or bullying that occur off school grounds, such as cyber-bullying (e.g., the use of electronic or wireless devices to harass, intimidate or bully), to the extent that the policy comports with the provisions of N.J.A.C. 6A:16-7.6, Conduct away from school grounds, and the district board of education’s code of student conduct, pursuant to N.J.A.C. 6A:16-7.1. In all instances of harassment, intimidation or bullying behavior occurring off school grounds, the consequences only may be exercised when it is reasonably necessary for the offending student’s physical or emotional safety and well-being or for reasons relating to the safety and well-being of other students, staff or school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2, and when the conduct which is the subject of a proposed consequence materially and substantially interferes with the requirements of appropriate discipline in the operation of the school. All acts of harassment, intimidation or bullying that include the use of school property (e.g., school computers, other electronic or wireless communication devices) apply to the provisions of N.J.S.A. 18A:37-15 and N.J.A.C. 6A:16-7.9, Intimidation, harassment and bullying, whether the subject or recipient of the bullying is on or off school property.

The policy shall include a description of the type of behavior expected from each student.
N.J.S.A. 18A:37-15(3)(b)(3) and N.J.A.C. 6A:16-7.9(a)2iii

Model Policy Language

The district board of education expects students to conduct themselves in keeping with their levels of development, maturity and demonstrated capabilities with a proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities and the care of school facilities and equipment.

The district board of education believes that standards for student behavior must be set cooperatively through interaction among the students, parents and guardians, staff and community members of the school district, producing an atmosphere that encourages students to grow in self-discipline. The development of this atmosphere requires respect for self and others, as well as for district and community property on the part of students, staff and community members.

The district board of education believes that the best discipline is self-imposed, and that it is the responsibility of staff to use instances of violations of the code of student conduct as opportunities for helping students learn to assume and accept responsibility for their behavior and the consequences of their behavior. Staff members who interact with students shall apply best practices designed to prevent student conduct problems and encourage students’ abilities to grow in self-discipline.

Issues for Consideration

The goal of this section is to explain global expectations for student conduct while leaving school administrators with the flexibility to address developmental ages and abilities of students and the unique characteristics of the schools, as is intended in N.J.A.C. 6A:16-7.1(b)6. Per the provisions of the authorizing statute, the procedures should be included as a part of the district board of education’s approved policy, which should be a part of the code of student conduct, pursuant to N.J.A.C. 6A:16-7.1.

Pursuant to N.J.A.C. 6A:16-7.1(a)1 and 7.9(a)1, the district must involve a broad-base of school and community members, including parents and guardians, students, instructional staff, student support services staff, school administrators and school volunteers, as well as community organizations, such as faith-based, health and human service, business and law enforcement, in the development of the policy. Based on the locally determined and accepted core ethical values adopted by the district board of education, pursuant to N.J.A.C. 6A:16-7.1(a)2), the district board of education should develop guidelines for student conduct, pursuant to N.J.A.C. 6A:16-7.1, taking into consideration the development of detailed regulations suited to the age levels of the students and the mission and physical facilities of the individual schools. Board policy must require all students in the district to adhere to the rules established by the school district and to submit to the measures that are appropriately assigned for infractions of these rules.

Pursuant to N.J.A.C. 6A:16-7.1, the chief school administrator must annually provide to students and their parents or guardians the rules of the district regarding student conduct. Pursuant to N.J.A.C. 6A:16-7.9(a)1xii(1), the policy shall appear in all publications of the school district’s comprehensive rules, procedures and standards of conduct for schools within the school district, including the student handbook. Provisions should be made for informing parents and guardians whose primary language is other than English.

Since bystander support of harassment, intimidation or bullying can support these behaviors, district boards of education should consider including a statement prohibiting active or passive support for acts of harassment, intimidation or bullying. The district should encourage students to support students who walk away from these acts when they see them, constructively attempt to stop them or report them to the designated authority.

4. Statutory and Regulatory Requirement

The policy shall include the consequences and appropriate remedial actions for a person who commits an act of harassment, intimidation or bullying. N.J.S.A. 18A:37-15(3)(b)(4) and N.J.A.C. 6A:16-7.9(a)2iv

Model Policy Language

The district board of education requires its school administrators to develop and implement procedures that ensure both the appropriate consequences and remedial responses to a student or staff member who commits one or more acts of harassment, intimidation or bullying. The following factors, at a minimum, shall be given full consideration by school administrators in the development of the procedures for determining appropriate consequences and remedial measures for each act of harassment, intimidation or bullying.

Consequences and appropriate remedial actions for a student or staff member who commits one or more acts of harassment, intimidation or bullying may range from positive behavioral interventions up to and including suspension or expulsion, as set forth in the board of education’s approved code of student conduct, pursuant to N.J.A.C. 6A:16-7.1. Consequences for a student who commits an act of harassment, intimidation or bullying shall be varied and graded according to the nature of the behavior, the developmental age of the student and the student’s history of problem behaviors and performance, and must be consistent with the district board of education’s approved code of student conduct and N.J.A.C. 6A:16-7, Student Conduct. Remedial measures shall be designed to correct the problem behavior; prevent another occurrence of the problem; and protect the victim of the act. The consequences and remedial measures may include, but are not limited to, the examples listed below:

Issues for Consideration

Since N.J.S.A. 18A:37-15(3)(b)(4) and N.J.A.C. 6A:16-7.9(a)2iv clearly establish that the responses to a person who commits an act of harassment, intimidation or bullying must include both consequences and appropriate remedial actions, school officials are responsible for taking all appropriate steps to understand and rectify the problem, which by law involves more than traditional punitive disciplinary actions. It is important to note that N.J.A.C. 6A:16-7.9(a)2vi also requires appropriate consequences and remedial actions for any staff member who commits an act of harassment, intimidation and bullying.

In regard to consequences, only after meaningful consideration of the factors for determining consequences, described above, can an appropriate consequence be determined, consistent with the case law, Federal and State statutes, regulations and policies, and district policies, procedures and collective bargaining agreements. In regard to remediation, only after meaningful consideration of the factors for determining remedial measures can an appropriate remedial response be determined, consistent with the documented needs of the student and the unique characteristics of the student’s situation.

The overall school climate and school culture and the individual and institutional factors that contribute to climate and culture might overtly or inadvertently support harassment, intimidation or bullying behavior. These factors always should be considered in the response to an act of harassment, intimidation or bullying. Additionally, in all cases the district should attempt to actively involve parents in the remediation of the behavior(s) of concern. It is only after meaningful consideration of the factors and examples described above that appropriate consequences and remedial responses can be determined, consistent with the documented needs of the student, the unique characteristics of the student’s situation and the requirements under N.J.S.A. 18A:37-13 et seq. and N.J.A.C. 6A:16-7.9.

5. Statutory and Regulatory Requirement

The policy shall include a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report. N.J.S.A. 18A:37-15(3)(b)(5) and N.J.A.C. 6A:16-7.9(a)2vii

Model Policy Language

The district board of education requires the principal and/or the principal’s designee at each school to be responsible for receiving complaints alleging violations of this policy. All school employees as well as all other members of the school community, including students, parents, volunteers and visitors, are required to report alleged violations of this policy to the principal or the principal’s designee. While submission of the report form is not required, the reporting party is encouraged to use the report form available from the principal of each building or available at the school district’s central office. Oral reports also shall be considered official reports. Reports may be made anonymously, but formal action for violations of the code of student conduct may not be based solely on the basis of an anonymous report.

Issues for Consideration

The goal of a reporting procedure is to facilitate the reporting of alleged violations of this policy by making the reporting process simple and non-threatening. The district should consider every mechanism available to them to simplify reporting, including web-based reporting mechanisms and locked boxes located in areas of the school where reports can be submitted without fear of being observed.

6. Statutory and Regulatory Requirement

The policy shall include a procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal’s designee as the person responsible for the investigation. N.J.S.A. 18A:37-15(3)(b)(6) and N.J.A.C. 6A:16-7.9(a)2viii

Model Policy Language

The district board of education requires the principal and/or the principal’s designee to be responsible for determining whether an alleged act constitutes a violation of this policy. In so doing, the principal and/or the principal’s designee shall conduct a prompt, thorough and complete investigation of each alleged incident.

Issues for Consideration

The school district is encouraged to use existing policies and procedures, including those used to investigate allegations of violations of the district board of education’s codes of student conduct, pursuant to N.J.A.C. 6A:16-7.1, as appropriate. The school district also is encouraged to establish record keeping policies and procedures that create a defensible record which demonstrates the district’s efforts to reduce incidents of harassment, intimidation and bullying, and that facilitate the evaluation of the district’s efforts to reduce incidents of harassment, intimidation and bullying.

7. Statutory and Regulatory Requirement

The policy shall contain the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified. N.J.S.A. 18A:37-15(3)(b)(7) and N.J.A.C. 6A:16-7.9(a)2ix

Model Policy Language

The district board of education recognizes that some acts of harassment, intimidation or bullying may be isolated incidents requiring that the school respond appropriately to the individuals committing the acts. Other acts may be so serious or parts of a larger pattern of harassment, intimidation or bullying that they require a response either at the classroom, school building or school district levels or by law enforcement officials. Consequences and appropriate remedial actions for a student who commits an act of harassment, intimidation or bullying may range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A:37-1, Discipline of Pupils and as set forth in N.J.A.C. 6A:16-7.2, Short-term suspensions, N.J.A.C. 6A:16-7.3, Long-term Suspensions and N.J.A.C. 6A:16-7.5, Expulsions.

In considering whether a response beyond the individual is appropriate, the administrator shall consider the nature and circumstances of the act, the degree of harm, the nature and severity of the behavior, past incidences or past or continuing patterns of behavior, and the context in which the alleged incident(s) occurred. Institutional (i.e., classroom, school building, school district) responses can range from school and community surveys, to mailings, to focus groups, to adoption of research-based bullying prevention program models, to training for certificated and non-certificated staff, to participation of parents and other community members and organizations, to small or large group presentations for fully addressing the actions and the school’s response to the actions, in the context of the acceptable student behavior and the consequences of such actions, and to the involvement of law enforcement officers, including school resource officers.

Issues for Consideration

For every incident of harassment, intimidation or bullying, the district must respond appropriately to the individual who committed the act. The district is encouraged to set the range of responses, including individual, classroom, school or district responses, as appropriate. Individual responses can include positive behavioral interventions (e.g., peer mentoring, short-term counseling, life skills groups) and punitive actions (e.g., detention, in-school or out-of-school suspension, expulsion). Classroom responses can include class discussions about an incident of harassment, intimidation or bullying, role plays, research projects, observing and discussing audio-visual materials on these subjects and skill-building lessons in courtesy, tolerance, assertiveness and conflict management. School responses can include theme days, learning station programs, parent programs and information disseminated to students and parents, such as fact sheets or newsletters explaining acceptable uses of electronic and wireless communication devices. District-wide responses can include community involvement in policy review and development, professional development programs, adoption of curricula and coordination with community-based organizations (e.g., mental health, health services, health facilities, law enforcement, faith-based).

In addition, the district should make resources (e.g., counseling) available to individual victims of harassment, intimidation and bullying and respond in a manner that does not stigmatize victim(s). Social skills training provided for all students is an example of a school or a school district response for addressing victimization.

The school district is reminded that the required Memorandum of Agreement Between Education and Law Enforcement Officials (N.J.A.C. 6A:16-6.2(b)13) defines the conditions by which school officials are required to report suspected hate crimes or bias-related acts to law enforcement authorities. Since some acts of harassment, intimidation or bullying may be bias-related acts and potentially hate or bias crimes, school officials must report to law enforcement officials either serious acts or those which may be part of a larger pattern.

8. Statutory and Regulatory Requirement

The policy shall contain a statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation. N.J.S.A. 18A:37-15(3)(b)(8) and N.J.A.C. 6A:16-7.9(a)2x

Model Policy Language

The district board of education prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying. The consequence and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity and circumstances of the act, in accordance with case law, Federal and State statutes and regulations and district policies and procedures.

Issues for Consideration

Acts of reprisal or retaliation can have a chilling effect on a school environment and can create an atmosphere where alleged violations of this policy are not reported. It is important to establish and maintain the norm that all suspected acts of reprisal or retaliation are taken seriously and appropriate responses are made, in accordance with the totality of the circumstances. Inconsistent applications of appropriate responses to acts of reprisal or retaliation can contribute to the culture of violence that this policy is intended to prevent.

9. Statutory and Regulatory Requirement

The policy shall contain the consequences and appropriate remedial action for a person found to have falsely accused another as a means of harassment, intimidation or bullying. N.J.S.A. 18A:37-15(3)(b)(9) and N.J.A.C. 6A:16-7.9(a)2xi

Model Policy Language

The district board of education prohibits any person from falsely accusing another as a means of harassment, intimidation or bullying The consequences and appropriate remedial action for a student found to have falsely accused another as a means of harassment, intimidation or bullying may range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A:37-1, Discipline of Pupils and as set forth in N.J.A.C. 6A:16-7.2, Short-term suspensions, N.J.A.C. 6A:16-7., Long-term Suspensions and N.J.A.C. 6A:16-7.5, Expulsions. Consequences and appropriate remedial action for a school employee found to have falsely accused another as a means of harassment, intimidation or bullying shall be disciplined in accordance with district policies, procedures and agreements. Consequences and appropriate remedial action for a visitor or volunteer, found to have falsely accused another as a means of harassment, intimidation or bullying shall be determined by the school administrator after consideration of the nature, severity and circumstances of the act, including reports to appropriate law enforcement officials.

Issues for Consideration

The school district is encouraged to consider the totality of the circumstances surrounding individuals who falsely accuse others as a means of harassment, intimidation or bullying. Decisions about consequences and appropriate remedial actions should be consistent with existing case law, Federal and State statutes and regulations and district policies and procedures.

10. Statutory and Regulatory Requirement

The policy shall contain a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions. N.J.S.A. 18A:37-15(3)(b)(10) and N.J.A.C. 6A:16-7.9(a)2xii

Model Policy Language

The district board of education requires school officials to annually disseminate the policy to all school staff, students and parents, along with a statement explaining that it applies to all applicable acts of harassment, intimidation and bullying that occur on school property, at school-sponsored functions or on a school bus. The chief school administrator shall develop an annual process for discussing the school district policy on harassment, intimidation and bullying with students.

Issues for Consideration

The goal of this policy is to foster a safe and disciplined environment that is conducive to learning, where individuals treat one another with civility and respect. To accomplish this goal, the policy must be widely disseminated to inform everyone in the school and community of its provisions. A range of options are available to school districts for publicizing the policy, including posting the policy in public buildings or in publications (e.g., newsletters, newspapers, web-sites, list serves, e-mail), utilization of audio-visual media (e.g., public cable access, radio, public television), mailing copies, requiring all employees, students and parents to sign a written statement indicating that they have received and read the policy and agree to abide by the provisions of the policy, and reviewing the policy at public meetings. While multiple methods for publicizing the policy can increase the chances of public awareness, support and compliance, the school district is encouraged to use the strategies that fit its unique situation.

Statutory and Regulatory Provisions

Pursuant to N.J.S.A.: 37-17(5)(c) N.J.A.C. 6A:16-7.9(d)1i, information regarding the district’s policy against harassment, intimidation and bullying must be incorporated into a school’s employee training program.

Pursuant to N.J.A.C. 6A:16-7.9(d)3, the district is required to annually review the extent and characteristics of harassment, intimidation and bullying behavior in the school buildings of the school district and implement locally determined programmatic or other responses, if determined appropriate by the district board of education.

Pursuant to N.J.A.C. 6A:16-7.9(d)1, the school district is required to annually review the training needs of district staff for the effective implementation of the harassment, intimidation and bullying policy, procedures, programs and initiatives of the district board of education and implement locally determined staff training programs consistent with the annual review of training needs and the findings of the annual review and update of the code of student conduct, pursuant to N.J.A.C. 6A:16-7.1(a)3, as determined appropriate by the district board of education; and

Pursuant to N.J.A.C. 6A:16-7.9(d)2, the school district is required to develop a process for annually discussing the school district’s harassment, intimidation and bullying policy with students.

Issues for Consideration

Staff members should be encouraged to become trained in skills and strategies for developing student self-discipline and to apply best practices for positive behavioral interventions. It is particularly important to use the policy as an opportunity for preparing staff to prevent and effectively intervene with instances of harassment, intimidation and bullying, as well as use the policy as a prevention tool by explaining to students the school district’s expectations for their behavior, consistent with the provisions of the district board of education’s code of student conduct, including harassment, intimidation and bullying, and N.J.A.C. 6A:16-7.1, Code of student conduct. For students to demonstrate preferred behaviors, it is important that they have a clear understanding of the school district’s expectations under the policy, the reasons for and benefits of the policy, as well as the consequences for violations of the policy.

It is through explanation and dialogue with students and staff that the school district can clearly distinguish, for example, "friendly teasing" and "rough and tumble play" from harassment, intimidation and bullying. It also is through discussion that the school district can help students and staff discern between "telling" or responsible "reporting" (which is intended to keep someone from getting hurt) of acts of harassment, intimidation and bullying from "ratting" or "tattling." The school district is encouraged to use experiential learning techniques, such as role play situations and other demonstration and modeling strategies in its information activities for students and staff.

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