Bill > S1790

Introduced Session

Under current law, all acts of harassment, intimidation, or bullying must 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. This bill provides that the written report must be on a numbered form developed by the Department of Education (DOE). The principal will be responsible for immediately submitting the form to the superintendent of schools and to the board of education. Under the provisions of the bill, the form must be completed, even if a preliminary determination is made under the school district's policy that the reported incident or complaint is a report outside the scope of the definition of harassment, intimidation, or bullying under the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.). The bill requires a school district to provide a means for a parent or guardian to complete an online form to report an incident of harassment, intimidation, or bullying. Pursuant to the provisions of the bill, the district's anti-bullying policy must include specific consequences for a student who commits an act of harassment, intimidation or bullying. Under the bill, for the first and second acts of harassment, intimidation, or bullying committed by a student, a copy of the results of the investigation will be placed in the student's record and the student may be subject to remedial actions, including the provision of counseling or behavioral intervention services, or discipline, or both, as determined by the principal in consultation with appropriate school staff; and for the third and each subsequent act, a copy of the results of the investigation will be placed in the student's record, and the principal, in consultation with appropriate school staff, will develop an individual student intervention plan which will be approved by the superintendent and may include remedial actions and may require the student, accompanied by a parent or guardian, to complete a class or training program to reduce harassment, intimidation, or bullying behavior. The bill requires that as part of the information provided by the superintendent of schools twice a year to the board of education regarding acts of violence, vandalism, and bullying which occurred during the previous reporting period, the superintendent will provide the board with information on the number of reports that were determined, pursuant to the district's preliminary determination process, not to meet the statutory definition of bullying. Currently, under the provisions of the cyber-harassment statute, section 1 of P.L.2013, c.272 (C.2C:33-4.1), the court may order a parent or guardian of a minor under the age of 16 who has been adjudicated delinquent of cyber-harassment to attend classes or training with the minor. Failure to comply with these conditions results in a disorderly persons offense and the imposition of a fine of not more than $25 for a first offense and not more than $100 for each subsequent offense. The bill would increase the monetary penalty against the parent or guardian for failure to comply with the class or training program as follows: (1) the $25 fine for a first offense would be increased to $100; and (2) the $100 fine for each subsequent offense would be increased to $500. In addition, civil liability may be imposed on a parent or guardian, having legal custody of the minor, who demonstrates a willful or wanton disregard in the exercise of the supervision and control of a minor adjudicated delinquent of cyber-harassment or harassment. The bill also establishes within the DOE a School Climate State Coordinator. The duties and responsibilities of the State coordinator will include: (1) Identifying and disseminating research and resources to promote best practices in student social-emotional learning and the development of a positive, supportive school climate in schools; (2) Providing information regarding the provisions and procedures of the "Anti-Bullying Bill of Rights Act," and other State and federal laws addressing harassment, intimidation, and bullying; (3) Reviewing and reporting data collected on harassment, intimidation and bullying to identify and report to the DOE any patterns of harassment, intimidation, or bullying in public schools; (4) Assisting the DOE in creating public information programs that educate parents, educators, and the public concerning the duties of the State coordinator, the issue of harassment, intimidation, and bullying and the resources available to address it; (5) Working collaboratively with law enforcement, the DOE, the Division on Civil Rights in the Department of Law and Public Safety, and the Department of Health to develop a training program on the impact of harassment, intimidation, and bullying on students and schools; (6) Working collaboratively with law enforcement to develop resources and training for law enforcement concerning the impact of harassment, intimidation, and bullying on students and schools, and the appropriate role of law enforcement in such matters; and (7) Annually providing to the Commissioner of Education, the State Board of Education, and the Legislature, a report summarizing the activities of the State coordinator, and any specific recommendations concerning school climate best practices and procedures. The bill, named Mallory's Law, is in response to the tragic case of 12-year old Mallory Grossman who was subjected to unrelenting bullying at school and online leading up to her suicide. The bill attempts to address this issue by placing more stringent safeguards in the "Anti-Bullying Bill of Rights Act."

AI Summary

Committee Categories

Patrick Diegnan (D)*,  Joe Pennacchio (R)*,  Annette Quijano (D)*,  John DiMaio (R),  Mila Jasey (D),  Shirley Turner (D),  Valerie Vainieri Huttle (D), 

Approved P.L.2021, c.338. (on 01/10/2022)

Official Document