A3918

An Act concerning the role of social media in harassment, intimidation, and bullying incidents in the public schools, amending P L.2002, c.83, P.L.2010, c.122, P.L. 2021, c.338, and supplementing chapters 6 and 35 of Title 18A of the New Jersey Statutes.

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

1. Section 5 of P L.2002, c.83 (C.18A:37-17) is amended to read as follows:

5. a. Schools and school districts shall annually establish, implement, document, and assess bullying prevention programs or approaches, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement and community members. The programs or approaches shall be designed to create school-wide conditions to prevent and address harassment, intimidation, and bullying. A school district may implement bullying prevention programs and approaches that may be available at no cost from the Department of Education, the New Jersey State Bar Foundation, or any other entity. A school district may, at its own discretion, implement bullying prevention programs and approaches which impose a cost on the district.

A school district may apply to the Department of Education for a grant to be used for programs, approaches, or personnel established pursuant to this act, to the extent funds are appropriated for these purposes or funds are made available through the "Bullying Prevention Fund" established pursuant to section 25 of P.L.2010, c.122 (C.18A:37-28). A school district may make an application for a grant only after exploring bullying prevention programs and approaches that are available at no cost, and making an affirmative demonstration of that exploration in its grant application.

b. A school district shall: (1) provide training on the school district's harassment, intimidation, or bullying policies to school employees and volunteers who have significant contact with students; (2) ensure that the training includes instruction on preventing bullying on the basis of the protected categories enumerated in section 2 of P.L.2002, c.83 (C.18A:37-14) and other distinguishing characteristics that may incite incidents of discrimination, harassment, intimidation, or bullying; [and] (3) develop a process for discussing the district's harassment, intimidation or bullying policy with students; and (4) ensure that the training includes instruction on bullying through the use of social media.

A school district may satisfy the training required pursuant to this subsection by utilizing training that may be provided at no cost by the Department of Education, the New Jersey State Bar Foundation, or any other entity. A school district may, at its own discretion, implement a training program which imposes a cost on the district.

c. Information regarding the school district policy against harassment, intimidation, or bullying, including information on the use of social media in incidents of harassment, intimidation, and bullying, shall be incorporated into a school's employee training program and shall be provided to full-time and part-time staff, volunteers who have significant contact with students, and those persons contracted by the district to provide services to students.

(cf: P.L.2012, c.1, s.2)

2. Section 23 of P.L.2010, c.122 (C.18A:37-26) is amended to read as follows:

23. a. The Commissioner of Education, in consultation with recognized experts in school bullying from a cross section of academia, child advocacy organizations, nonprofit organizations, professional associations, and government agencies, shall establish inservice workshops and training programs to train selected public school employees to act as district anti-bullying coordinators and school anti-bullying specialists in accordance with the provisions of P.L.2010, c.122 (C.18A:37-13.1 et al.). The commissioner shall seek to make the workshops and training programs available and administered online through the department's website or other existing online resources. The commissioner shall evaluate the effectiveness of the consulting group on an annual basis. The inservice training programs may utilize the offices of the executive county superintendent of schools, or such other institutions, agencies, or persons as the commissioner deems appropriate. Each board of education shall provide time for the inservice training during the usual school schedule in order to ensure that appropriate personnel are prepared to act in the district as district anti-bullying coordinators and school anti-bullying specialists.

b. Upon completion of the initial inservice training program, the commissioner shall ensure that programs and workshops that reflect the most current information on harassment, intimidation, and bullying in schools are prepared and made available to district anti-bullying coordinators and school anti-bullying specialists at regular intervals.

c. Any workshop or training program developed pursuant to this section and utilized on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall include information on the use of social media in incidents of harassment, intimidation, and bullying.

(cf: P.L.2010, c.122, s.23)

3. Section 5 of P.L. 2021, c.338 (C.18A:37-37.1) is amended to read as follows:

5. There is hereby established within the Department of Education a School Climate State Coordinator to serve as a resource to parents, students, and educators. The duties and responsibilities of the State coordinator shall include:

a. Identifying and disseminating research and resources, including professional development resources, to promote best practices in student social-emotional learning and the development of a positive, supportive school climate in New Jersey schools;

b. Providing information regarding the provisions and procedures of the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), and regulations promulgated thereto, relevant provisions of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.), and other State and federal laws addressing harassment, intimidation, and bullying;

c. Reviewing and reporting data collected on harassment, intimidation and bullying pursuant to section 1 of P.L.1982, c.163 (C.18A:17-46) to identify and report to the Department of Education any patterns of harassment, intimidation, or bullying in public schools. The department shall review the information provided by the State coordinator to develop guidance and strategies for public schools, parents, school staff, and other agencies, as appropriate;

d. Assisting the Department of Education in creating public information programs that educate parents, educators, and the public concerning the duties of the State coordinator, the issue of harassment, intimidation, and bullying, and the resources available to address and prevent harassment, intimidation, and bullying;

e. Working collaboratively with law enforcement, the Department of Education, the Division on Civil Rights in the Department of Law and Public Safety, and the Department of Health to develop a training program on the impact of harassment, intimidation, and bullying on students and schools, that will be available for school districts to use in local anti-bullying programs and intervention plans;

f. Working collaboratively with law enforcement, including organizations representing school resource officers, to develop resources and training for law enforcement concerning the impact of harassment, intimidation, and bullying on students and schools, and the appropriate role of law enforcement in such matters pursuant to the Uniform Memorandum of Agreement Between Education and Law Enforcement Officials; [and]

g. Annually providing to the Commissioner of Education, the State Board of Education, and pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) the Legislature, a report summarizing the activities of the State coordinator, and any specific recommendations concerning school climate best practices and procedures ; and

h. Establishing an online portal with content and links to additional resources on the use of social media, its impact on sense of self and peer-to-peer relationships, and its role in harassment, intimidation, and bullying.

(cf: P.L.2021, c.338, s.5)

4. (New section) The State Board of Education shall review and update the New Jersey Student Learning Standards in Social Studies and Career Readiness, Life Literacies, and Key Skills to ensure the incorporation of instruction on social media and digital citizenship. In its review, the State board shall consult with experts on student mental health, media consumption, digital privacy and identity, cyberbullying, cyber conflict, and hate speech.

5. (New section) a. The Commissioner of Education shall develop a guidance document for use by school districts in navigating the role and impact of social media in incidents of student harassment, intimidation, and bullying. The document shall include information on how social media platforms and applications are being used by students and their impact on student mental health, relationships, and behaviors. In developing the document, the commissioner shall consider the findings of the New Jersey Anti-Bullying Task Force established pursuant to P.L.2019, c.179 and the Commission on the Effects of Social Media Usage on Adolescents established pursuant to P.L.2023, c.126.

b. The guidance document shall be available on the Department of Education's Internet website and on every school district's Internet website at an easily accessible location.

c. The guidance document shall be updated annually to include the most current information on the social media platforms and applications being used by students.

6. This act shall take effect on the first day of the fourth month beginning after the date of enactment.

STATEMENT

This bill requires the development of guidance and training to address social media in harassment, intimidation, and bullying in schools and requires that certain student learning standards be revised to include instruction on social media in school bullying.

The bill requires that the training on harassment, intimidation, and bullying that school districts are required to provide to school employees and certain volunteers includes instruction on bullying though the use of social media. The bill also requires certain workshops and training programs established by the Commissioner of Education to train anti-bullying coordinators and anti-bullying specialists include information on the use of social media in incidents of harassment, intimidation, and bullying.

The bill directs the School Climate State Coordinator to establish an online portal with content and links to additional resources on the use of social media, its impact on sense of self and peer-to-peer relationships, and its role in harassment, intimidation, and bullying.

Under the bill, the State Board of Education is directed to review and update the New Jersey Student Learning Standards in Social Studies and Career Readiness, Life Literacies, and Key Skills to ensure the incorporation of instruction on social media and digital citizenship. In its review, the State board is to consult with experts on student mental health, media consumption, digital privacy and identity, cyberbullying, cyber conflict, and hate speech.

The bill requires the Commissioner of Education to develop a guidance document for use by school districts in navigating the role and impact of social media in incidents of student harassment, intimidation, and bullying. In developing the document, the commissioner is to consider the findings of the New Jersey Anti-Bullying Task Force and the Commission on the Effects of Social Media Usage on Adolescents. The guidance document is to be updated annually and be made available on the Department of Education's Internet site and on every school district's Internet site at an easily accessible location.

This bill implements certain recommendations of the report from the New Jersey Anti-Bullying Task Force, dated December 28, 2023.