New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT
Subchapter 7 - STUDENT CONDUCT
Section 6A:16-7.8 - Harassment, intimidation, and bullying in approved private schools for students with disabilities (PSSDs)
Universal Citation: NJ Admin Code 6A:16-7.8
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each approved private school for students with disabilities (PSSD) shall develop, adopt, and implement a policy prohibiting harassment, intimidation, or bullying on school grounds.
1. Each approved PSSD shall develop
the policy to include approved PSSD school grounds, pursuant to
N.J.A.C. 6A:16-1.3;
i. The policy shall include a provision for
notifying the appropriate sending district board(s) of education personnel of
the students involved when the approved PSSD receives a complaint or report of
an act of harassment, intimidation, or bullying occurring on a sending district
board of education school bus, at a sending district board of education
school-sponsored function and off school grounds;
2. Each approved PSSD shall develop the
policy in consultation with, at a minimum, parents and other community members,
school employees, school administrators, and, as appropriate, school volunteers
and students;
3. Each approved PSSD
shall have control over the content of the policy, except that it shall
contain, at a minimum, the following components:
i. A statement prohibiting harassment,
intimidation, or bullying of a student;
ii. A definition of harassment, intimidation,
or bullying as set forth in the definition at N.J.A.C.
6A:16-1.3, except for incidents occurring on a sending district board
of education bus, at a sending district board of education school-sponsored
function, and off school grounds;
iii. A statement that bullying is unwanted,
aggressive behavior that may involve a real or perceived power
imbalance;
iv. A description of the
type of behavior expected from all students;
v. Appropriate remedial action for a student
who commits an act of harassment, intimidation, or bullying that takes into
account the nature of the behavior, the nature of the student's disability, the
developmental age of the student, and the student's history of problem
behaviors and performance, and that may include the following:
(1) A behavioral assessment or evaluation,
including, but not limited to, a referral to the individualized education
program team of the sending district board of education, as appropriate;
and
(2) Supportive interventions
and referral services, including those at N.J.A.C. 6A:16-8;
vi. Consequences for a student who
commits an act of harassment, intimidation, or bullying that are:
(1) Varied and graded according to the nature
of the behavior, the nature of the student's disability to the extent relevant,
the developmental age of the student, and the student's history of problem
behaviors and performance; and
(2)
Consistent with the provisions of this subchapter, as appropriate, and
N.J.A.C.
6A:14-7.6(f);
vii. Appropriate consequences and
remedial action for a staff member who commits an act of harassment,
intimidation, or bullying;
viii. A
procedure that allows for reporting, verbally and in writing, an act of
harassment, intimidation, or bullying committed by an adult or youth against a
student. The procedure shall also include a provision that permits a person to
report anonymously.
(1) The approved PSSD
shall not take formal disciplinary action based solely on the anonymous
report;
(2) The full-time
non-teaching principal shall take into account the circumstances of the
incident when providing notification to parents and guardians of all students
involved in the reported harassment, intimidation, or bullying incident and
when conveying the nature of the incident, including the actual or perceived
category motivating the alleged offense; and
(3) Disciplinary action shall be consistent
with the provisions of N.J.A.C.
6A:14-7.6(f);
ix. A procedure for prompt
investigation of violation and complaint reports.
(1) The full-time non-teaching principal,
pursuant to N.J.A.C.
6A:14-7.6(d), or
his or her designee, shall initiate the investigation within one school day of
the initial report of the incident. The school anti-bullying specialist shall
conduct the investigation and the full-time non-teaching principal may appoint
additional personnel who are not school anti-bullying specialists to assist in
the investigation. The investigation shall be completed as soon as possible,
but not later than 10 school days from the date of the written report of the
incident of harassment, intimidation, or bullying. If information relevant to
the investigation is anticipated but not yet received by the end of the
10-school-day period, the school anti-bullying specialist may amend the initial
report of the investigation results to reflect the information.
(2) The anti-bullying specialist shall report
the investigation results to the full-time non-teaching principal within two
school days of the investigation's completion.
(3) The full-time non-teaching principal may
provide intervention services; establish training programs to reduce
harassment, intimidation, or bullying and to enhance school climate; and, in
consultation and conjunction with the sending district board of education
pursuant to N.J.A.C.
6A:14-7.6(f),
impose discipline, order counseling as a result of the investigation findings,
or take or recommend other appropriate action.
(4) The full-time non-teaching principal
shall report to the appropriate sending district board(s) of education
personnel of the students who are parties to the harassment, intimidation, or
bullying investigation the results of each investigation no later than five
school days following the investigation's completion, along with information on
any service(s) provided; training established; and, pursuant to
N.J.A.C.
6A:14-7.6(f),
discipline imposed or other action taken or recommended by the full-time
non-teaching principal.
(5) In
accordance with Federal and State law and regulation, the full-time
non-teaching principal shall provide parents or guardians of students who are
parties to the harassment, intimidation, or bullying investigation with
information about the investigation, including the nature of the investigation,
the findings, and whether discipline was imposed or services were provided, as
appropriate, to address the incident of harassment, intimidation, or bullying.
The full-time non-teaching principal shall provide the information in writing
within five school days following the investigation's completion.
(6) To protect the victim, the procedure also
shall take into account the circumstances of the incident when communicating
with parents.
(7) A full-time
non-teaching principal who receives a report of harassment, intimidation, or
bullying , or who determines a reported incident or complaint, assuming all
facts presented are true, is a report of an act of harassment, intimidation, or
bullying, pursuant to (a)3ix(8) below, and fails to initiate or conduct an
investigation, or who has reason to believe an incident of harassment,
intimidation, or bullying occurred and fails to take sufficient action to
minimize or eliminate the harassment, intimidation, or bullying, may be subject
to disciplinary action.
(8) The
procedure set forth in the approved PSSD policy may include a process prior to
initiating an investigation by which the full-time non-teaching principal, or
his or her designee, in consultation with the anti-bullying specialist, makes a
preliminary determination as to whether a reported incident or complaint,
assuming all facts presented are true, is a report of an act of harassment,
intimidation, or bullying, pursuant to (a)3ii above.
(A) If a preliminary determination finds the
incident or complaint is a report outside the scope of the harassment,
intimidation, or bullying definition set forth at (a)3ii above, the
determination may be appealed to the sending district board of education
pursuant to district board of education policies and procedures governing pupil
grievances, and thereafter to the Commissioner in accordance with
N.J.A.C. 6A:3.
(9) The procedure shall also include a
process by which the approved PSSD reports to the appropriate district board of
education personnel any complaint or report of harassment, intimidation, or
bullying, pursuant to N.J.A.C.
6A:16-7.7(a) 2ix,
occurring on district board of education school buses, at district board of
education school-sponsored functions, and off school grounds involving a
student who attends an approved PSSD.
(A) When
a complaint or report of harassment, intimidation, or bullying involves
students from more than one school district, the sending district board(s) of
education of the victim(s) involved shall initiate the investigation.
x. A requirement for
the full-time non-teaching principal and school anti-bullying specialist to
define the range of ways in which a school will respond once an incident of
harassment, intimidation, or bullying is identified, including an appropriate
combination of counseling, support services, intervention services, and other
programs.
(1) The school district official
shall ensure all responses take into account the circumstances of the incident
when responding and, at a minimum, shall include support for a victim of
harassment, intimidation, or bullying and corrective actions, pursuant to
N.J.A.C. 6A:14-7.6, for documented systemic problems related
to harassment, intimidation, or bullying;
(2) Once an incident of harassment,
intimidation, or bullying is identified, the full-time non-teaching principal
shall determine the appropriate response to address the individual
circumstances in consultation and conjunction with appropriate sending district
board of education personnel, pursuant to N.J.A.C.
6A:14-7.6(f), as
necessary;
xi. A
requirement that allows the parents or guardians of students who are parties to
a harassment, intimidation, or bullying investigation to request a hearing
before the sending district board of education concerning the information
received about a investigation, pursuant to (a)3ix(5) above.
(1) Any request for a hearing before the
sending district board of education shall be filed within 60 calendar days
after the written information about the harassment, intimidation, or bullying
investigation, pursuant to (a)3ix(4) and (5) above, is received by the sending
district board of education and the parents or guardians.
(2) The hearing before the sending district
board of education shall be scheduled in collaboration with the PSSD and held
by the sending district board of education within 10 business days of the
request. The approved PSSD and the sending district board of education shall
coordinate the policies and procedures for conducting such hearings;
xii. A statement that prohibits an
approved PSSD's employee, student, or volunteer from engaging in reprisal,
retaliation, or false accusation against a victim, witness, or any person who
reports or has reliable information about an act of harassment, intimidation,
or bullying.
(1) The statement shall include
the consequence(s) and appropriate remedial action(s) for a person who engages
in reprisal or retaliation;
xiii. Consequences and appropriate remedial
action identified in consultation and conjunction with the sending district
board of education and pursuant to N.J.A.C.
6A:14-7.6(f) for a
student found to have falsely accused another as a means of retaliation or
harassment, intimidation, or bullying;
xiv. A statement that a parent, student,
guardian, or organization may file a complaint with the New Jersey Division on
Civil Rights within 180 days of the occurrence of any incident of harassment,
intimidation, or bullying based on membership in a protected group as
enumerated in the Law Against Discrimination, P.L. 1945, c. 169
(N.J.S.A. 10:5-1 et
seq.);
xv. A statement of how the
harassment, intimidation, and bullying policy is to be publicized, including
notice that the policy applies to participation in approved PSSD-sponsored
functions and on school buses operated by the approved PSSD.
(1) Notice of the approved PSSD's policy
shall appear in any publication of the approved PSSD that sets forth the code
of student conduct, pursuant to N.J.A.C.
6A:16-7.1;
xvi. A requirement that a link to the
harassment, intimidation, and bullying policy be posted prominently on the home
page of the approved PSSD's website;
xvii. A requirement that the harassment,
intimidation, and bullying policy be distributed annually to all school staff,
students, and parents; and
xviii. A
requirement that the name of the school's anti-bullying specialist and his or
her school phone number, school address, and school e-mail address be listed on
the home page of the approved PSSD's website.
(b) An approved PSSD employee, contracted service provider, student, or volunteer who has witnessed an incident of harassment, intimidation, or bullying, or has reliable information that a student has been subject to harassment, intimidation, or bullying, shall report the incident to the full-time non-teaching principal, pursuant to (a)3viii above, or to any school administrator or safe schools resource officer, who shall immediately initiate the approved PSSD's procedures concerning harassment, intimidation, and bullying.
(c) The approved PSSD shall:
1. Annually examine the training needs of
school employees and volunteers who have significant contact with students for
the effective implementation of the harassment, intimidation, or bullying
policies, procedures, programs, and initiatives and implement training programs
for school employees and volunteers who have significant contact with students.
i. The annual examination of training needs
shall take into consideration 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)
2.
ii. Information regarding the
approved PSSD's policy against harassment, intimidation, or bullying shall be
incorporated into its training program.
(1)
The program shall be provided to full- and part-time staff, volunteers who have
significant contact with students, and persons contracted by the approved PSSD
to provide services to students;
2. Develop a process for annually discussing
with students the approved PSSD's harassment, intimidation, and bullying
policy;
3. Annually conduct a
re-evaluation, reassessment, and review of its harassment, intimidation, and
bullying policy, and any report(s) and/or finding(s) of the school
safety/school climate team(s). The approved PSSD also shall make any necessary
revision(s) to its policy, consistent with N.J.A.C.
6A:14-7.3(a), to
strengthen the policy to prevent, identify, and address harassment,
intimidation, and bullying of students.
i. The
programs or other responses shall be planned in consultation with, at a
minimum, parents and other community members, school employees, law
enforcement, school administrators, and, as appropriate, school volunteers and
students;
4. Annually
establish, implement, document, and assess bullying-prevention programs or
approaches and other initiatives designed to create schoolwide conditions to
prevent or intervene in harassment, intimidation, and bullying in the approved
PSSD.
i. Programs, approaches, and initiatives
shall be planned in consultation with, at a minimum, parents and other
community members, school employees, law enforcement, school administrators,
and, as appropriate, school volunteers and students; and
5. Submit to the executive county
superintendent a copy of its harassment, intimidation, and bullying policy in
the 2018-2019 school year or within 30 days of revision.
(d) The full-time non-teaching principal shall appoint a school anti-bullying specialist from currently employed school staff to act as the primary school official responsible for preventing, identifying, and addressing incidents of harassment, intimidation, and bullying in the school and the functions identified pursuant to (a)3ix, ix(1), and x above.
(e) The approved PSSD shall form a school safety/school climate team to develop, foster, and maintain a positive school climate by focusing on the on-going systemic processes and practices in the school and to address school climate issues, such as harassment, intimidation, or bullying and perform the following functions:
1. Meet two times per school year;
2. Receive any complaint(s) of harassment,
intimidation, or bullying of students that has been reported to the full-time
non-teaching principal;
3. Receive
copies of any report prepared after an investigation of an incident of
harassment, intimidation, or bullying;
4. Identify and address patterns of
harassment, intimidation, or bullying of students in the school;
5. Review and strengthen school climate and
school policies to prevent and address harassment, intimidation, or bullying of
students;
6. Educate the school
community, including students, teachers, administrative staff, and parents, to
prevent and address harassment, intimidation, or bullying of students;
and
7. Execute other duties related
to harassment, intimidation, and bullying as requested by the full-time
non-teaching principal;
(f) The school safety/school climate team shall consist of the full-time non-teaching principal, or his or her designee, and the following members appointed by the full-time non-teaching principal: a teacher in the school, the school anti-bullying specialist, a parent of a student in the school, and other members determined by the principal. The team shall be chaired by the school anti-bullying specialist.
1. A parent shall be on the school
safety/school climate team only in regard to general school climate issues and
shall not participate in activities that may compromise a student's
confidentiality.
2. Other members
of the school safety/school climate team who are not authorized to access
student records pursuant to N.J.A.C.
6A:32-7.5 shall be on the team only
in regard to general school climate issues and shall not participate in
activities that may compromise a student's confidentiality.
3. The approved PSSD shall provide school
safety/school climate team members with development opportunities that address
effective practices of successful school climate programs or
approaches.
(g) The section's requirements shall not be interpreted to prevent a victim of harassment, intimidation, or bullying from seeking redress under any applicable civil or criminal law.
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