SENATE, No. 3559

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2017

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

Senator  M. TERESA RUIZ

District 29 (Essex)

 

Co-Sponsored by:

Senators Oroho and Madden

 

 

 

 

SYNOPSIS

     Provides certain immunity to board of director members and employees of private schools for students with disabilities if they report incidents of bullying in compliance with school policy.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning harassment, intimidation, and bullying in school settings and supplementing P.L.2002, c.83 (C.18A:37-13 et seq.).

 

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

 

     1.    In the event that the State Board of Education requires approved private schools for students with disabilities to develop, adopt, and implement a policy prohibiting harassment, intimidation, or bullying on school grounds, a member of a board of directors or an employee of an approved private school for students with disabilities who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the school’s policy or to any school administrator, and who makes this report in compliance with the procedures in the school’s policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident.

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     The “Anti-Bullying Bill of Rights Act,” P.L.2002, c.83 (C.18A:37-13 et seq.), does not explicitly apply to approved private schools for students with disabilities acting under contract to provide educational services on behalf of New Jersey public school districts.  However, State Board of Education regulations promulgated to effectuate this law do include these schools and require them to develop, adopt, and implement a policy prohibiting harassment, intimidation, or bullying on school grounds.

     Under this bill, board of director members and employees of approved private schools for students with disabilities who promptly report an incident of harassment, intimidation, or bullying to the appropriate school official designated by the school’s policy or to any school administrator, and who make this report in compliance with the procedures in the school’s anti-bullying policy, will be immune from a cause of action for damages arising from any failure to remedy the reported incident.  This provision will provide the same immunity that is currently given to members of a school board and school district employees under subsection c. of section 4 of P.L.2002, c.83 (C.18A:37-16) of the “Anti-Bullying Bill of Rights Act.”