A1651

An Act establishing an anti-bullying pilot program in the Department of Education.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Commissioner of Education shall establish a one-year pilot program to reduce bullying in the public schools. The goals of the pilot program shall be to ensure that students have the opportunity to learn in a safe and positive environment and to provide student bullies with needed guidance and counseling. The program shall address school climate issues through the administration of an anonymous voluntary student survey that allows students to identify issues related to harassment, intimidation, and bullying in school, including individuals who have engaged in such actions, without fear of reprisal. The survey shall encourage students to identify issues related to harassment, intimidation, and bullying, particular incidents that have occurred, and the effects of the harassment, intimidation, and bullying within the school in order to assist in the investigation of incidents. The completed surveys shall be reviewed by the school official designated to receive reports of incidents of bullying pursuant to section 4 of P.L.2002, c.83 (C.18A:37-16). In addition to any action required of school district officials pursuant to the school district policy adopted pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15), the school official shall address any identified pattern of harassment, intimidation, and bullying in the school and review school district policies in light of the survey. The school official shall investigate any incident identified and shall arrange to meet with any student identified by his peers during the survey process. The school official may notify the parents or guardians of the student of the reason for the meeting. In the event that the school official determines that a student is in need of support services, the school official shall work with the student, his parents or guardians, teachers, and other educational personnel, as necessary, to develop and implement appropriate support services.

Not less than 3 months after the administration of the first survey and in the same school year, a second anonymous voluntary student survey shall be administered. The school official shall review and act upon the survey in the same manner required for the first survey. The second survey shall also be used to determine if the school climate has improved. All completed surveys shall be forwarded to the commissioner for use in the preparation of the report required pursuant to subsection d. of this section.

The commissioner shall select two districts in each of the southern, central, and northern regions of the State to participate in the program and shall seek a cross section of school districts from urban, suburban, and rural areas of the State. The commissioner shall not require a school district to participate in the pilot program. The program shall apply only to the middle and secondary school students in the selected districts.

b. The commissioner shall provide pilot districts with a sample survey and guidelines that may be used to support implementation of the pilot program. The sample survey shall provide sufficient space to describe issues related to harassment, intimidation, and bullying in school, including individuals who have engaged in such actions.

c. Notwithstanding the provisions of P.L.2001, c.364 (C.18A:36-34) to the contrary, a school district may administer the anonymous voluntary student survey without providing notice or receiving prior written informed consent from the student’s parent or guardian.

d. At the conclusion of the pilot program, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature. The report shall contain information on the implementation of the pilot program and shall include the commissioner’s recommendation on the feasibility of expanding the program to other school districts in the State.

2. This act shall take effect immediately and shall first apply to the 2022-2023 school year.

STATEMENT

This bill establishes a one-year pilot program in the Department of Education to reduce bullying in the public schools. The goals of the pilot program will be to ensure that students have the opportunity to learn in a safe and positive environment and to provide student bullies with needed guidance and counseling.

The pilot program will address school climate issues through the administration of an anonymous and voluntary student survey that allows students to identify issues related to harassment, intimidation, and bullying in school, including individuals who have engaged in such actions, without fear of reprisal. The survey shall encourage students to identify issues related to harassment, intimidation, and bullying, particular incidents that have occurred, and the effects of harassment, intimidation, and bullying within the school in order to assist in the investigation of incidents. The completed surveys will be reviewed by the school official who is designated under current law to receive reports of harassment, intimidation, and bullying. A school district may administer the anonymous voluntary student survey without providing notice or receiving prior written informed consent from the student’s parent or guardian. In addition to any action required of school district officials under the district’s policy prohibiting harassment, intimidation, and bullying as adopted pursuant to State law, the school official must address any identified pattern of harassment, intimidation, and bullying in the school and review school district policies in light of the survey. The school official will investigate any incident identified and arrange to meet with any student identified by his peers during the survey process. The school official may notify the student’s parents or guardians of the reason for the meeting. In the event that the school official determines that a student is in need of support services, the school official will work with the student, his parents or guardians, teachers, and other educational personnel, as necessary, to develop and implement appropriate services. Not less than three months after the administration of the first survey and in the same school year, a second anonymous student survey will be administered to be reviewed and acted upon in the same manner as the first survey.

The Commissioner of Education will select six districts to participate in the pilot program, two in each of the southern, central, and northern regions of the State. The commissioner may not require a school district to participate in the pilot program. The program will include only the middle and secondary school students in the selected districts. At the conclusion of the pilot program, the commissioner will report to the Governor and the Legislature on the feasibility of expanding the program to other school districts in the State.