SENATE EDUCATION COMMITTEE

STATEMENT TO

SENATE, No. 3559

STATE OF NEW JERSEY

DATED:  NOVEMBER 30, 2017

     The Senate Education Committee favorably reports Senate Bill No. 3559.

     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.”

      As reported by the committee, this bill is identical to Assembly Bill No. 4457, which also was reported by the committee on this same date.