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Bullying Of and By the Student with Special Needs New Jersey’s Anti-Bullying Bill of Rights Act Lehigh University’s 41 st Special Education Law Conference.

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Presentation on theme: "Bullying Of and By the Student with Special Needs New Jersey’s Anti-Bullying Bill of Rights Act Lehigh University’s 41 st Special Education Law Conference."— Presentation transcript:

1 Bullying Of and By the Student with Special Needs New Jersey’s Anti-Bullying Bill of Rights Act Lehigh University’s 41 st Special Education Law Conference May 10, 2013 Michael F. Kaelber, Esq. - NJSBA New Jersey School Boards Association – Serving Local Boards of Education Since 1914

2 Anti-Bullying Bill of Rights Act P.L. 2010, Chapter 122 Approved January 5, 2011, Effective 9/1/2011 Amending P.L. 2002, Chapter 83 P.L. 2007, Chapter 129 P.L. 2007, Chapter 303 Amended by P.L 2012, Chapter 1 3/26/12 N.J.S.A. 18A:37-13 et. seq.

3 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act May 10, 2013 From the School Board and Employee Perspective … What Have We Done? Where Are We Now?

4 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation Adopted Revised Policy Enhanced HIB Reporting Required Prompt Investigation Process Enhanced Board of Education Role Reporting, Training, Communication Personnel, Programs, Services School District Accountability

5 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation FEAR

6 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation Phase I Awareness and Compliance Phase II What’s Next and Beyond? Bill Parcells

7 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation Violence and Vandalism in the Schools Report 2011-2012 Total Number of Incidents Reported –2010-2011 – 17,386 –2011-2012 – 26,139 Number of HIB Investigations – 35,552 Number of confirmed HIB incidents – 12,024 Mental, Physical or Sensory Disability – 9.4%

8 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Task Force Interim Report – 1/26/13 Focus Groups and Surveys of anti-bullying specialists and coordinators Clarification on definition; overreporting Better training on roles of anti-bullying personnel Greater flexibility with investigations; principal

9 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law L.B.T. o/b/o K.T. v. Board of Education of the Freehold Regional School District – 3/7/13 W.C.L. and A.L. o/b/o L.L. v. Board of Education of the Borough of Tenafly – 1/10/13 J.M.C. o/b/o A.C. v. Board of Education of the Township of East Brunswick – 1/9/13

10 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law L.H. and M.H. o/b/o J.H. v. Deerfield Township Board of Education – 10/12/12 C.P. o/b/o D.V. v. Fair Lawn Board of Education – 8/21/12 F.F. and L.F. o/b/o N.F. v. Matawan-Aberdeen Board of Education and Matawan-Aberdeen Board of Education v. F.F. and L.F. o/b/o N.F. – 7/26/12

11 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law In the Matter of the Tenure Hearing of Steven E. Roth – 6/25/12 J.K. o/b/o P.B. v. Board of Education of the Township of Springfield – 2/9/12 L.T. and L.T. o/b/o K.T. v. Neptune Township Bd. of Ed – 3/1/12

12 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law K.L. v. Evesham Twp. Bd. of Ed., A-1771-10T3, 12/12/11 Howell Township Board of Education v. J.D. and T.D. o/b/o A.D., 3/17/11 F.J. o/b/o A.J. v. Fairfield Township Board of Education, 7/12/10

13 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act 2011-2013 Implementation New Jersey Anti-Bullying Case Law H.S. and N.S. o/b/o A.S. v. Moorestown Township Board of Education, 3/20/08 L.S. o/b/o C.S. v. Central Jersey Arts Community School Board of Education, 10/11/07 Shore Regional High School v. P.S. o/b/o P.N., 381 F.3d 194 (3d Cir. 2004)

14 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Harassment, Intimidation and Bullying Frequently Asked Questions What is the Board of Education’s Policy Role in HIB? Review, Revise, Improve

15 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Harassment, Intimidation and Bullying Frequently Asked Questions How Does a School District Pay for the Increased Costs to Implement its Enhanced HIB Program? Bullying Prevention Fund Commissioner Request

16 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 NJSBA/NJASA/NJASBO HIB Survey $2.2 million total cost among 206 respondents Professional development, $451,292 (avg. $3,959) Materials and software, $444,319 (avg. $4,534) Programs and initiatives, $223,029 (avg. $3,431) Personnel, $1,084,065 (avg. $25,211)

17 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 NJSBA/NJASA/NJASBO HIB Survey Personnel costs (most frequently cited): 39% — Increased compensation for existing staff member designated as Anti-Bullying Coordinator 32% — Increased compensation for Anti- Bullying Specialists 20% — Increased compensation for other personnel who took on coordinator’s or specialist’s previous duties 15% – Hired new staff member as coordinator.

18 New Jersey School Boards Association – Serving Local Boards of Education Since 1914 Anti-Bullying Bill of Rights Act In Re Allamuchy Twp. http://www.state.nj.us/localmandates/p ending/Allamuchy.html What is the Council on Local Mandates Decision? What does it mean for school districts? For anti-bullying efforts? P.L. 2012 c. 1 – Did it eliminate the issue?


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