Bill > A1969

Introduced Session

Current law requires each school district to adopt a policy prohibiting harassment, intimidation or bullying. The law also specifies the various provisions which the policy must, at a minimum, contain. This bill requires certain additional provisions be included in the anti-bullying policy. Pursuant to the bill, the policy must include a provision stating that students involved in an alleged incident of harassment, intimidation, or bullying will not be interviewed by any school personnel without the parent or guardian having been provided an opportunity to be present. The policy must also provide that after having been informed of the bullying incident and having notified the parents or guardians, the principal must use conflict resolution techniques with the students involved in the incident in order to resolve the matter. If the conflict resolution techniques are unsuccessful, the next step in the process requires the principal to make a preliminary determination as to whether a reported incident or complaint is a report of an act of harassment, intimidation, or bullying as those terms are defined by law, prior to initiating an investigation. The bill provides that the investigation of the alleged harassment, intimidation, or bullying incident must be completed no later than 30 days from the date the written report of the incident is provided to the principal. Current law requires the investigation to be completed no later than 10 days from the date the written report is provided. This bill extends the time frame to allow a sufficient time period for the principal to implement conflict resolution techniques and make a preliminary determination regarding the alleged incident. Under current law, once the investigation is completed, parents or guardians are provided information in writing regarding the investigation, 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. The bill requires that the information provided to the parents or guardians must also include copies of all written records produced in regard to the investigation, including emails, letters, and text messages. The Department of Education, in consultation with the Division on Civil Rights in the Department of Law and Public Safety, is required by law to develop a guidance document for use by parents or guardians, students, and school districts to assist in resolving complaints concerning harassment, intimidation, or bullying. This bill requires additional items to be included in the guidance document: a clarification of the ways in which harassment, intimidation, or bullying may be deemed to have substantially disrupted or interfered with the orderly operation of the school or the rights of other students; and a clear explanation of the rights of the students who are the alleged victims or the alleged perpetrators of incidents of harassment, intimidation, or bullying. A copy of the explanation of the students' rights is required to be provided by the district to the parents and guardians of students enrolled in the district.

AI Summary

Committee Categories

Jon Bramnick (R)*,  BettyLou DeCroce (R)*, 

Introduced, Referred to Assembly Women and Children Committee (on 01/09/2018)