Bill Text: NJ S1972 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires tenure charges be filed against any public school employee found to have bullied a student and requires the employment of any nontenured public school employee be terminated for such activity.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Introduced - Dead) 2012-05-24 - Introduced in the Senate, Referred to Senate Education Committee [S1972 Detail]
Download: New_Jersey-2012-S1972-Introduced.html
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington)
Co-Sponsored by:
Senators Addiego, Thompson, Vitale, Beck, Oroho and O'Toole
SYNOPSIS
Requires tenure charges be filed against any public school employee found to have bullied a student and requires the employment of any nontenured public school employee be terminated for such activity.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning harassment, intimidation, and bullying in a public school setting and amending and supplementing P.L.2002, c.83.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2002, c.83 (C.18A:37-15) is amended to read as follows:
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 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.
All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the same day when the school employee or contracted service provider witnessed or received reliable information regarding any such incident. If an employee of a school district is reported to have committed an act of harassment, intimidation, or bullying, the principal shall inform the school board immediately of the report. The principal shall inform the parents or guardians of all students involved in the alleged incident, and may discuss, as appropriate, the availability of counseling and other intervention services including, but not limited to, reducing the interaction between an employee of the school district who has been accused of harassment, intimidation, or bullying and the victim of that behavior. All acts of harassment, intimidation, or bullying shall be reported in writing to the school principal within two school days of when the school employee or contracted service provider witnessed or received reliable information that a student had been subject to harassment, intimidation, or bullying;
(6) a procedure for prompt investigation of reports of violations and complaints, which procedure shall at a minimum provide that:
(a) the investigation shall be initiated by the principal or the principal's designee within one school day of the report of the incident and shall be conducted by a school anti-bullying specialist. The principal may appoint additional personnel who are not school anti-bullying specialists to assist in the investigation. The investigation shall be completed as soon as possible, but not later than 10 school days from the date of the written report of the incident of harassment, intimidation, or bullying. In the case of an alleged incident having been committed by an employee of the school district, the school anti-bullying specialist is urged to complete the investigation within four days. In the event that there is information relative to the investigation that is anticipated but not yet received by the end of the [10-day] period in which the investigation is required to be completed, the school anti-bullying specialist may amend the original report of the results of the investigation to reflect the information;
(b) the results of the investigation shall be reported to the superintendent of schools within two school days of the completion of the investigation, and in accordance with regulations promulgated by the State Board of Education pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the superintendent may decide to provide intervention services, establish training programs to reduce harassment, intimidation, or bullying and enhance school climate, impose discipline, order counseling as a result of the findings of the investigation, or take or recommend other appropriate action. In the case of an employee of the school district found pursuant to an investigation to have committed an act of harassment, intimidation, or bullying, the superintendent shall provide the report to the board of education in accordance with the section 3 or section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(c) the results of each investigation shall be reported to the board of education no later than the date of the board of education meeting next following the completion of the investigation, along with information on any services provided, training established, discipline imposed, or other action taken or recommended by the superintendent. In the case of an employee of the school district found pursuant to an investigation to have committed an act of harassment, intimidation, or bullying, the board of education shall proceed in accordance with the process set forth in section 3 or section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(d) parents or guardians of the students who are parties to the investigation shall be entitled to receive information about the investigation, in accordance with federal and State law and regulation, including the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within 5 school days after the results of the investigation are reported to the board. A parent or guardian may request a hearing before the board after receiving the information, and the hearing shall be held within 10 days of the request. The board shall meet in executive session for the hearing to protect the confidentiality of the students. At the hearing the board may hear from the school anti-bullying specialist about the incident, recommendations for discipline or services, and any programs instituted to reduce such incidents;
(e) at the next board of education meeting following its receipt of the report, the board shall issue a decision, in writing, to affirm, reject, or modify the superintendent's decision. The board's decision may be appealed to the Commissioner of Education, in accordance with the procedures set forth in law and regulation, no later than 90 days after the issuance of the board's decision. This paragraph shall not apply in the case of an employee of the school district found pursuant to an investigation to have committed an act of harassment, intimidation, or bullying. In the case of these employees the board of education shall proceed in accordance with the process set forth in section 3 or section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(f) a parent, student, guardian, or organization may file a complaint with the Division on Civil Rights within 180 days of the occurrence of any incident of harassment, intimidation, or bullying based on membership in a protected group as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.);
(7) the range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified, which shall be defined by the principal in conjunction with the school anti-bullying specialist, but shall include an appropriate combination of services that are available within the district such as counseling, support services, intervention services, and other programs, as defined by the commissioner. In the event that the necessary programs and services are not available within the district, the district may apply to the Department of Education for a grant from the "Bullying Prevention Fund" established pursuant to section 25 of P.L.2010, c.122 (C.18A:37-28) to support the provision of out-of-district programs and services;
(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;
(11) a requirement that a link to the policy be prominently posted on the home page of the school district's website and distributed annually to parents and guardians who have children enrolled in a school in the school district; and
(12) a requirement that the name, school phone number, school address and school email address of the district anti-bullying coordinator be listed on the home page of the school district's website and that on the home page of each school's website the name, school phone number, school address and school email address of the school anti-bullying specialist and the district anti-bullying coordinator be listed. The information concerning the district anti-bullying coordinator and the school anti-bullying specialists shall also be maintained on the department's website.
c. A school district shall adopt a policy and transmit a copy of its policy to the appropriate executive county superintendent of schools by September 1, 2003. A school district shall annually conduct a re-evaluation, reassessment, and review of its policy, making any necessary revisions and additions. The board shall include input from the school anti-bullying specialists in conducting its re-evaluation, reassessment, and review. The district shall transmit a copy of the revised policy to the appropriate executive county superintendent of schools within 30 school days of the revision. The first revised policy following the effective date of P.L.2010, c.122 (C.18A:37-13.1 et al.) shall be transmitted to the executive county superintendent of schools by September 1, 2011.
d. (1) 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.
(2) The commissioner shall adopt amendments to the model policy which reflect the provisions of P.L.2010, c.122 (C.18A:37-13.1 et al.) no later than 90 days after the effective date of that act and shall subsequently update the model policy as the commissioner deems necessary.
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.
f. Nothing in this section shall prohibit a school district from adopting a policy that includes components that are more stringent than the components set forth in this section.
(cf: P.L.2012, c.1, s.1)
2. Section 4 of P.L.2002, c.83 (C.18A:37-16) is amended to read as follows:
4. a. A member of a board of education, school employee, student or volunteer shall not engage in reprisal, retaliation or false accusation against a victim, witness or one with reliable information about an act of harassment, intimidation or bullying.
b. A member of a board of education, school employee, contracted service provider, student or volunteer who has witnessed, or has reliable information that a student has been subject to, harassment, intimidation or bullying shall report the incident to the appropriate school official designated by the school district's policy, or to any school administrator or safe schools resource officer, who shall immediately initiate the school district's procedures concerning school bullying.
c. A member of a board of education or a school employee who promptly reports an incident of harassment, intimidation or bullying, to the appropriate school official designated by the school district's policy, or to any school administrator or safe schools resource officer, and who makes this report in compliance with the procedures in the district's policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident.
d. A school administrator who receives a report of harassment, intimidation, or bullying [from a district employee], and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying, [may] shall be subject to disciplinary action.
e. An employee of the school district who witnesses an incident of harassment, intimidation, or bullying, or receives reliable information regarding such an incident, and fails to report it in accordance with the school district's policy, shall be subject to disciplinary action.
(cf: P.L.2010, c.122, s.13)
3. (New section) a. When a superintendent receives a report on an investigation conducted in accordance with the school district's policy adopted pursuant to the "Anti-Bullying Bill of Rights Act," P.L.2010, c. 122 (C.18A:37-13.1 et al.), which report finds that a tenured employee has committed an act of harassment, intimidation, or bullying as defined in section 2 of P.L.2002, c.83 (C.18A:37-14), the superintendent shall immediately provide that report to the board of education. The board of education shall certify a tenure charge against that employee to the Commissioner of Education for unbecoming conduct within three days of the receipt of the report from the superintendent.
Notwithstanding any law to the contrary, any tenure charge certified pursuant to this subsection shall be determined by an arbitrator. The arbitration hearing shall be conducted in accordance with the regulations which apply to stream-line tenured charter school employees and the decision of the arbitrator is final and binding in accordance with those regulations.
b. Upon receipt of the report from the superintendent, the board shall immediately suspend without pay the person found to have committed an act of harassment, intimidation, or bullying. Should the tenure charge against the employee be dismissed, the person shall be reinstated immediately with full pay from the first day of suspension. Should the charge be dismissed and the suspension be continued during an appeal, then the suspension shall be continued without pay until the determination of the appeal. Should the charge be sustained on the original hearing or an appeal therefrom, and should the person appeal from the same, then the suspension without pay may continue unless and until such determination is reversed, in which event the person shall be reinstated immediately with full pay as of the time of the suspension.
4. (New section) When a superintendent receives a report on an investigation conducted in accordance with the school district's policy adopted pursuant to the "Anti-Bullying Bill of Rights Act," P.L.2010, c. 122 (C.18A:37-13.1 et al.), which report finds that a nontenured employee has committed an act of harassment, intimidation, or bullying as defined in section 2 of P.L.2002, c.83 (C.18A:37-14), the superintendent shall immediately provide that report to the board of education. The board of education shall terminate the employee; provided, however, that the nontenured employee prior to the termination shall have the right to an informal appearance before the board of education. The informal appearance before the board of education shall occur within three days of receipt of the report from the superintendent. The purpose of the appearance shall be to permit the nontenured employee to convince the members of the board not to terminate his employment.
5. (New section) a. A board of education shall notify the State Board of Examiners whenever a tenured certificated employee has been suspended pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the State Board of Examiners shall suspend the certificate of the employee until a final determination on the tenure charge has been made.
b. The Commissioner of Education shall notify the State Board of Examiners whenever a tenure charge certified to the commissioner against a certificated employee pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), is sustained on the original hearing or an appeal therefrom, and the State Board of Examiners shall revoke the certification of the employee.
c. A board of education shall notify the State Board of Examiners whenever a non-tenured, certificated employee is terminated pursuant to the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), and the Board of Examiners shall revoke the certification of the employee.
6. This act shall take effect immediately.
STATEMENT
This bill would require a board of education to file tenure charges for unbecoming conduct against any tenured employee of the district who is found after an investigation conducted in accordance with the school district's policy adopted pursuant to the "Anti-Bullying Bill of Rights Act," to have committed an act of bullying as defined by that act. The tenure charges would be determined by arbitrators, who currently are required by law to determine tenure charges brought against tenured charter school employees. Upon the receipt of a report of bullying from the superintendent, the board will suspend without pay the person against whom the charge is made. The bill requires that the tenure charge be adjudicated in an expeditious manner, and in no case may a final determination on the charge be made later than 30 days from when the charges were certified to the commissioner.
The bill also provides that a nontenured employee of a school district who is found after an investigation to have committed an act of bullying will have his employment terminated by the board. Prior to the termination, however, the employee will have the right to an informal appearance before the board of education for the purpose of convincing the members of the board not to terminate the person's employment.
The bill would also require the Board of Examiners to revoke the certification of a nontenured school board employee who is terminated by the board of education after being found to have committed an act of bullying. The Board of Examiners will suspend the certification of a tenured certificated employee found to have committed an act of bullying, until a final determination on the tenure charges are made. If a tenure charge is sustained against that employee based on an act of bullying, the bill provides that the Board of Examiners must revoke the certification of the tenured employee.
Under the provisions of the bill, a school administrator who receives a report of bullying from a district employee, and fails to initiate or conduct the investigation, or who should have known of such activity and fails to take sufficient action to minimize or eliminate the activity, will be subject to disciplinary action. Under current law, disciplinary action against such a school administrator is not mandatory. The bill also provides that any other school district employee will also be subject to disciplinary action, if he witnesses an incident of bullying or receives reliable information regarding such an incident, and fails to report it in accordance with the school district's policy.
