Harassment, Intimidation and Bullying (HIB): Information for Families and Caregivers

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Guidance for Parents on the Anti-Bullying Bill of Rights Act

This document provides information and resources to help families and caregivers understand their rights and know the responsibilities of school districts as it pertains to the Anti-Bullying Bill of Rights Act (ABR). Families and caregivers are encouraged to review this guidance which defines harassment, intimidation, and bullying (HIB) as per the ABR, clarifies HIB reporting procedures, outlines timelines for investigations, explains the steps to appeal the findings of an HIB investigation, and provides other information that families may find helpful.

Described below are options available to the public for receiving assistance with instances of harassment, intimidation and bullying against students.

Contact the Principal or the Superintendent of Schools

Family members and caregivers are encouraged to use an HIB 338 Form for Families and Caregivers provided on this webpage to report an alleged incident of HIB to the school. Allegations of harassment, intimidation and bullying (HIB) can be reported to any school district staff member (e.g., superintendent, principal, anti-bullying coordinator, teacher, etc.). Once an allegation of HIB is made to the school, the school is required to implement the district’s HIB policy.

The principal must notify parents of alleged student offenders and victims and may discuss the availability of support services. All HIB investigations are conducted by the school anti-bullying specialist. The principal may appoint additional personnel who are not school anti-bullying specialists to assist in the investigation.

A report of investigation findings must be provided to the chief school administrator (CSA), who may take additional actions. The CSA must make a report on the incident to the board of education (BOE) and must provide parents with the required information about the investigation. The BOE must issue a written decision on the CSA's report. Parents have the right to a BOE hearing, in executive session, within 10 days of their request, which could occur before or after the BOE's decision. Contact information for school districts and schools can be found on the New Jersey School Directory.

For additional information on how to report HIB to your child’s school, please see the NJDOE’s Guidance for Parents on the Anti-Bullying Bill of Rights Act found on this webpage. This guidance includes additional information and resources for families and caregivers pertaining to the ABR including, but not limited to, the definition of HIB as per the ABR, investigation timelines, and appeal procedures.

Contact the New Jersey Department of Education (NJDOE)

Contact the County Office of Education

The New Jersey Department of Education has an office in every county to provide general support, oversight, and assistance to local school districts. If there is a concern that a school has not complied with a provision in the ABR, the County Office can be contacted for advice on the way to proceed or to file a written complaint. A written complaint should explain, at a minimum: The issues, the concerns, and the legal allegations that are the basis for the complaint; the actions taken by the complainant and by school or school district staff to resolve the situation; and the complainant's expected resolution of the complaint. Contact information for each County Office of Education can be found on the County Offices of Education webpage.

Contact the Office of Student Support Services

If there is a question about the ABR or HIB policy requirements, contact the School Climate State Coordinator in the Office of Student Support Services at HIB@doe.nj.gov or (609) 376-9109.

Appealing the Findings of an HIB Investigation

First Step: Request a Hearing with the Board of Education (N.J.S.A. 18A:37-15(b)6(d)) –

After parents are provided information on the results of an HIB investigation, they may request a hearing with the board of education to review the matter. Pursuant to N.J.A.C. 6A:16-7.7a(2)xi(1), a parent or guardian may request a hearing before the board of education within 60 calendar days after the written information is received by the parent/guardian. Once the board issues a decision after the board hearing, if the parent is still not satisfied with the determination of the board, the parent can appeal to the Commissioner of Education and/or the Appellate Division of the Superior Court of New Jersey.

Second Step: Appeal to the Commissioner of Education (N.J.S.A. 18A:37-15(b)6(e)) –

Parents may appeal to the Commissioner of Education within 90 days of the board’s decision on the superintendent’s report. The Office of Controversies and Disputes assists the Commissioner of Education with hearing and deciding disputes under the state’s school laws The office receives dockets and reviews petitions filed by parties seeking rulings from the Commissioner. More information on the Office of Controversies and Disputes can be found by visiting their website. Parents and guardians may find it helpful to view the frequently asked questions that is available on the Office of Controversies and Disputes webpage. General questions about this process may be emailed to ControversiesDisputes@doe.nj.gov.

Third Step: Appeal to the Appellate Division of the Superior Court of New Jersey (N.J.S.A. 18A:37-24a(5)).

Parents may appeal the Commissioner of Education’s decision to the Appellate Division of the New Jersey Superior Court. Information is available at New Jersey Courts or contact the Appellate Division Clerk's Office at (609) 292-4822.

Other Potential Actions

File a Complaint with the Division on Civil Rights

When a student has been subjected to bias-based HIB, that is, the student is harassed based on membership in a protected class (i.e., race, color, national origin, sex, ancestry, nationality, disability, religion, sexual orientation, gender identity or expression, marital status, civil union status, domestic partnership status) as set forth in the Law Against Discrimination (N.J.S.A. 10:5), a complaint against a school district may be filed with the Division on Civil Rights, within 180 days of the harassing conduct.

File a Complaint with the Superior Court of New Jersey

As an alternative to filing a complaint with the Division on Civil Rights (DCR), a student who has been subjected to bias-based HIB may file a complaint against a school district alleging a violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5, directly with the Superior Court of New Jersey. The same conditions apply as in a complaint filed with the DCR: to assert a violation of the LAD, the harassment must be based on the student's membership in a protected class (i.e., race, color, national origin, sex, ancestry, nationality, disability, religion, sexual orientation, gender identity or expression, marital status, civil union status, domestic partnership status). A Superior Court complaint alleging a violation of the LAD must be filed within two years of the bias-based HIB. Information is available at New Jersey Courts or contact the Appellate Division Clerk's Office at (609) 292-4822.

Contact Law Enforcement

Parents may contact their local police at any time, if they believe a law is being or has been broken or their child is or might be subject to bodily injury, whether or not related to a bullying incident.

Contact Child Protection and Permanency (CP&P)

A report must be made to CP&P within the Department of Children and Families and to the local law enforcement authority for incidents of alleged missing, abused or neglected children, pursuant to N.J.S.A. 18A:36-25 and N.J.S.A. 9:6-8.10

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