18A:37-15 - Adoption of policy concerning intimidation or bullying by each school district
18A:37-15 Adoption of policy concerning intimidation or bullying by each school district.
3. a. Each school district shall adopt a policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus. The school district shall attempt to adopt the policy through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives.
b.A school district shall have local control over the content of the policy, except that the policy shall contain, at a minimum, the following components:
(1)a statement prohibiting harassment, intimidation or bullying of a student;
(2)a definition of harassment, intimidation or bullying no less inclusive than that set forth in section 2 of P.L.2002, c.83 (C.18A:37-14);
(3)a description of the type of behavior expected from each student;
(4)consequences and appropriate remedial action for a person who commits an act of harassment, intimidation or bullying;
(5)a procedure for reporting an act of harassment, intimidation or bullying, including a provision that permits a person to report an act of harassment, intimidation or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report;
(6)a procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal's designee as the person responsible for the investigation;
(7)the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified;
(8)a statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation;
(9)consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation or bullying;
(10) a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions; and
(11) a requirement that the policy be posted on the school district's website and distributed annually to parents and guardians who have children enrolled in a school in the school district.
c.A school district shall adopt a policy and transmit a copy of its policy to the appropriate county superintendent of schools by September 1, 2003.
d.To assist school districts in developing policies for the prevention of harassment, intimidation or bullying, the Commissioner of Education shall develop a model policy applicable to grades kindergarten through 12. This model policy shall be issued no later than December 1, 2002.
e.Notice of the school district's policy shall appear in any publication of the school district that sets forth the comprehensive rules, procedures and standards of conduct for schools within the school district, and in any student handbook.
L.2002, c.83, s.3; amended 2007, c.303, s.7.