S175 SCS

An Act establishing the Anti-Bullying Commission and the Anti-Bullying Youth Council and supplementing chapter 6 of Title 18A of the New Jersey Statutes.

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

1. a. There is established in, but not of, the Department of Education the Anti-Bullying Commission. The purpose of the commission shall be to examine, evaluate, and make recommendations regarding the implementation of the “Anti-Bullying Bill of Rights Act,” P.L.2002, c.83 (C.18A:37-13 et seq.).

b. The commission shall consist of 11 members as follows:

(1) the Commissioner of Education, ex officio, or a designee;

(2) eight public members who each have a background in, or special knowledge of, the legal, policy, educational, social, or psychological aspects of bullying in public schools, appointed as follows:

(a) two appointed by the President of the Senate;

(b) two appointed by the Speaker of the General Assembly; and

(3) two members of the public, to be appointed by the Governor, one of whom is a family member of a student who has experienced bullying and one of whom is a student over 17 years of age who personally has experienced bullying.

c. Each public member of the commission shall serve for a term of three years, except that of the initial members so appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and two members appointed by the Governor shall serve for terms of one year; one member appointed by the President of the Senate, one member appointed by the Speaker of the General Assembly, and two members appointed by the Governor shall serve for terms of two years; and two members appointed by the Governor shall serve for terms of three years.

d. Appointments to the commission shall be made within 30 days of the effective date of this act. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.

e. Members of the commission shall serve without compensation, but shall be reimbursed for necessary expenditures incurred in the performance of their duties as members of the commission within the limits of funds appropriated or otherwise made available to the commission for its purposes.

2. a. The commission shall organize as soon as practicable, but no later than 30 days following the appointment of its members. The commission shall choose a chairperson from among its members and shall appoint a secretary who need not be a member of the commission.

b. The Department of Education shall provide stenographic, clerical, and other administrative assistants, and professional staff as the commission requires to carry out its work. The commission also shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes.

3. a. It shall be the duty of the commission to study and evaluate the current implementation of the “Anti-Bullying Bill of Rights Act,” P.L.2002, c.83 (C.18A:37-13 et seq.), for purposes of identifying areas for improvement and making recommendations regarding any appropriate changes or updates to the law or regulations promulgated thereunder. The commission shall:

(1) examine and evaluate the effectiveness of the implementation of the “Anti-Bullying Bill of Rights Act” in the schools of the State;

(2) examine any unintended consequences resulting from implementation of the “Anti-Bullying Bill of Rights Act” and its associated regulations;

(3) provide guidance to school districts on available resources to assist in the implementation of the “Anti-Bullying Bill of Rights Act”;

(4) review steps taken and programs established in other states to reduce bullying in schools and to improve school response to incidents of bullying;

(5) receive reports and testimony from individuals, State and local agencies, community-based organizations, and other public and private organizations on the challenges faced by school districts and nonpublic schools in combating school bullying;

(6) review current instructional programs or curriculum provided in New Jersey schools on issues related to school bullying and school climate and identify areas in which improvements may be made;

(7) make recommendations and develop guidelines for school policies that are aimed at building a safe school environment, reducing the incidence of school bullying, and improving school response to reports of school bullying;

(8) make recommendations for professional development and training on identifying and responding to school bullying for school administrators and teachers; and

(9) present any recommendations deemed necessary and appropriate to modify or update the “Anti-Bullying Bill of Rights Act” and regulations promulgated thereunder.

b. The commission shall hold at least one public hearing each year in order to receive public input on the issues being studied by the commission and shall invite the participation of the Anti-Bullying Youth Council established pursuant to section 5 of this act, and students and families who have experienced bullying in any public hearings held by the commission.

4. The commission shall prepare and submit a report every five years containing its findings, activities, and recommendations, including any recommendations for appropriate administrative and legislative action, to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

5. a. There is established in, but not of, the Department of Education, the Anti-Bullying Youth Council. The purpose of the Anti-Bullying Youth Council shall be to provide a forum for the youth of this State to advise the Anti-Bullying Commission established pursuant to section 1 of this act on the unique perspectives, experiences, and needs of youth related to bullying in the public and nonpublic schools. The council shall research, analyze, discuss, and make specific recommendations to the commission on ways to prevent and respond to bullying in schools.

b. The council may express its position publicly on legislation pending before the New Jersey Legislature that is directly relevant to the work of the council.

6. a. The council shall consist of 25 members, including:

(1) four members of the New Jersey Legislature, who shall serve as nonvoting members, and who shall include one member appointed by the President of the Senate, one member appointed by the Minority Leader of the Senate, one member appointed by the Speaker of the General Assembly, and one member appointed by the Minority Leader of the General Assembly; and

(2) 21 public members, of whom one shall be appointed by each executive county superintendent. The public members shall be public and nonpublic school students enrolled in grades six through 12 in the State.

b. (1) A public member who is less than 18 years of age shall be required to provide written permission from a parent or legal guardian to be a member of the council and participate in its activities.

(2) Legislative members shall serve on the council in an advisory capacity and shall be appointed solely for the purpose of assisting the public members of the council in coordinating its meetings and activities, and in fulfilling the council’s purpose. The legislative members shall advise the council on the legislative process, provide policy briefings, assist with the drafting of proposed recommendations of the council, and provide guidance and information as the council deems appropriate.

c. Each public member of the council shall serve for a term of two years, except that of the initial members so appointed: the twelve public members appointed by the county superintendents of Atlantic, Bergen, Camden, Cape May, Cumberland, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Salem, and Warren shall serve a terms of one year; and the nine public members appointed by the county superintendents in Burlington, Gloucester, Morris, Mercer, Ocean, Passaic, Somerset, Sussex, Union shall serve terms of six months.

d. Appointments to the council shall be made within 30 days of the effective date of this act. In the event that a public member graduates, or otherwise ceases enrollment in a school located within the same county from which the student was originally appointed, the vacancy shall be filled in the same manner as the original appointment. Public members shall be eligible for reappointment.

e. The members of the council shall serve without compensation, but they shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties.

7. a. The council shall organize as soon as practicable, but no later than 30 days following the appointment of its members. The council shall choose a chairperson from among its members and shall appoint a secretary who need not be a member of the council.

b. The Department of Education shall provide stenographic, clerical, and other administrative assistants, and professional staff as the council requires to carry out its work. The council shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes.

8. a. The council shall submit, in writing, a series of policy recommendations to the Anti-Bullying Commission established pursuant to section 1 of this act. The council shall also present the recommendations to the commission at each public hearing of the commission pursuant to subsection b. of section 3 of this act. The series of policy recommendations shall also be made available online to the public.

b. The council shall prepare and submit an annual report containing its findings, activities, and recommendations, including any recommendations for administrative and legislative action that it deems appropriate, to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

9. This act shall take effect immediately.