Title 18A, Title 18A: EDUCATION

18A:37-13 Findings, declarations relative to adoption of harassment and bullying prevention policies. 1. The Legislature finds and declares that: a safe and civil environment in school is necessary for students to learn and achieve high academic standards; harassment, intimidatio…

18A:37-13.1 Findings, declarations relative to school bullying. 2. The Legislature finds and declares that: a. A 2009 study by the United States Departments of Justice and Education, "Indicators of School Crime and Safety," reported that 32% of students aged 12 through 18 were bu…

18A:37-13.2 Short title. 1. Sections 1, 2, and 16 through 30 of this act and P.L.2002, c.83 (C.18A:37-13 et seq.) shall be known and may be cited as the "Anti-Bullying Bill of Rights Act." L.2010, c.122, s.1.

18A:37-14 Definitions relative to adoption of harassment and bullying prevention policies 2. As used in this act: "Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, o…

18A:37-15 Adoption of policy concerning harassment, intimidating 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…

18A:37-15.1 "Electronic communication" included in school districts' harassment and bullying prevention policy. 2. a. A school district's policy on prohibiting harassment, intimidation or bullying adopted pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15), shall be amended, if…

18A:37-15.2 Actions required relative to bullying policy. 8. Within 60 days of the effective date of this section each school district shall amend its bullying policy in accordance with section 3 of P.L.2002, c.83 (C.18A:37-15) as amended by section 7 of P.L.2007, c.303, make the…

18A:37-15.3 Policy to include certain incidents occurring off school grounds. 16. The policy adopted by each school district pursuant to section 3 of P.L.2002, c.83 (C.18A:37-15) shall include provisions for appropriate responses to harassment, intimidation, or bullying, as defin…

18A:37-16 Reprisal, retaliation, false accusation prohibited. 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 har…

18A:37-16.1 Immunity for reporting harassment, intimidation, or bullying at certain private schools. 1. In the event that the State Board of Education requires approved private schools for students with disabilities to develop, adopt, and implement a policy prohibiting harassment…

18A:37-17 Establishment of bullying prevention programs or approaches. 5. a. Schools and school districts shall annually establish, implement, document, and assess bullying prevention programs or approaches, and other initiatives involving school staff, students, administrators, …

18A:37-18 Other remedies unaffected. 6. This act shall not be interpreted to prevent a victim from seeking redress under any other available law either civil or criminal. This act does not create or alter any tort liability. L.2002,c.83,s.6.

18A:37-19 Application by school district for reimbursement. 7. A school district that incurs additional costs due to the implementation of the provisions of this act shall apply to the Commissioner of Education for reimbursement. L.2002,c.83,s.7.

18A:37-2 Causes for suspension, expulsion of pupils. 18A:37-2. Any pupil who is guilty of continued and willful disobedience, or of open defiance of the authority of any teacher or person having authority over him, or of the habitual use of profanity or of obscene language, or wh…

18A:37-2.1. Suspension, expulsion of pupil for assault, appeal; report 2. a. Any pupil who commits an assault, as defined pursuant to N.J.S.2C:12-1, upon a teacher, administrator, board member or other employee of a board of education, acting in the performance of his duties and …

18A:37-2.2. Offense by pupil involving assault, removal from school's regular education program 1. Any pupil who commits an assault upon a teacher, administrator, board member, other employee of a school board or another student, with a weapon, on any school property, on a school…

18A:37-2.3. Responsibility for removal, report 2. The principal or his or her designee shall be responsible for the removal of any pupil pursuant to section 1 of P.L.1995, c.128 (C.18A:37-2.2). The principal or his or her designee shall immediately report the removal of any pupil…

18A:37-2.4. Hearing 3. a. Any pupil removed pursuant to section 1 of P.L.1995, c.128 (C.18A:37-2.2) shall be entitled to a hearing before the local board of education to determine if the pupil is guilty of committing an assault upon a teacher, administrator, board member, other e…

18A:37-2.5. Determination of pupil's preparedness to return 4. The chief school administrator shall determine when the pupil is prepared to return to the regular education program in accordance with procedures to be established by the Commissioner of Education. L.1995,c.128,s.4.

18A:37-20 Appointment of school anti-bullying specialists, coordinator. 17. a. The principal in each school in a school district shall appoint a school anti-bullying specialist. When a school guidance counselor, school psychologist, or another individual similarly trained is curr…

18A:37-21 School safety teams. 18. a. A school district shall form a school safety team in each school in the district to develop, foster, and maintain a positive school climate by focusing on the on-going, systemic process and practices in the school and to address school climat…

18A:37-22 Program required for teaching certification. 19. a. Beginning with the 2012-2013 school year, all candidates for teaching certification who have completed a teacher preparation program at a regionally-accredited institution of higher education shall have satisfactorily …

18A:37-23 Program required for administrative and supervisory certification. 20. Beginning with the 2012-2013 school year, all candidates for administrative and supervisory certification shall have satisfactorily completed a program on harassment, intimidation, and bullying preve…

18A:37-24 Development of guidance document. 21. a. The Department of Education, in consultation with the Division on Civil Rights in the Department of Law and Public Safety shall develop a guidance document for use by parents or guardians, students, and school districts to assist…

18A:37-25 Establishment of formal protocol for investigating a complaint. 22. a. The Commissioner of Education shall establish a formal protocol pursuant to which the office of the executive county superintendent of schools shall investigate a complaint that documents an allegati…

18A:37-26 Inservice workshops, training programs. 23. a. The Commissioner of Education, in consultation with recognized experts in school bullying from a cross section of academia, child advocacy organizations, nonprofit organizations, professional associations, and government ag…

18A:37-27 Development of online tutorial, test. 24. The Commissioner of Education shall develop, in consultation with the Division on Civil Rights, and make available on the Department of Education's Internet site, an online tutorial on harassment, intimidation, and bullying. The…

18A:37-28 "Bullying Prevention Fund." 25. There is created a special fund in the Department of Education, which shall be designated the "Bullying Prevention Fund." The fund shall be maintained in a separate account and administered by the commissioner to carry out the provisions …

18A:37-29 "Week of Respect"; designated. 26. The week beginning with the first Monday in October of each year is designated as a "Week of Respect" in the State of New Jersey. School districts, in order to recognize the importance of character education, shall observe the week by …

18A:37-2a Conditions for suspension, expulsion of certain students. 1. a. Notwithstanding the provisions of N.J.S.18A:37-2 or any other provision of law to the contrary, a student who is enrolled in grades kindergarten through two in a school district or charter school shall not …

18A:37-2b Early detection and prevention program. 2. A school district or charter school shall implement an early detection and prevention program to: identify students in preschool through grade two who are experiencing behavioral or disciplinary problems; and provide behavioral…

18A:37-2c Meeting relative to suspension, expulsion of student. 1. a. In the event a student has experienced multiple suspensions or may be subject to a proposed expulsion from public school, the principal shall convene a meeting, as soon as practicable, between the student and a…

18A:37-3. Liability of parents or guardian of minor for damage to property The parents or guardian of any minor who shall injure any public or nonpublic school property shall be liable for damages for the amount of injury to be collected by the board of education of the district …

18A:37-30 Construction of act. 27. Nothing contained in P.L.2010, c.122 (C.18A:37-13.1 et al.) shall be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on that act's effective date. L.2010, c.122, s.27.

18A:37-31 Compliance by nonpublic schools encouraged. 29. a. Nonpublic schools are encouraged to comply with the provisions of the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), as amended and supplemented by P.L.2010, c.122 (C.18A:37-13.1 et al.). b. I…

18A:37-32 Inapplicability to certain situations. 30. Nothing contained in the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), as amended and supplemented by P.L.2010, c.122 (C.18A:37-13.1 et al.), shall alter or reduce the rights of a student with a disa…

18A:37-32.1 Rules, regulations. 5. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) or any other law to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner dee…

18A:37-32.2 Policy against hazing for district with high school, middle school. 5. a. Each board of education of a school district with a high school or middle school and the governing board or chief school administrator of a nonpublic high school or middle school shall adopt a w…

18A:37-32.3 Program for enforcement of policy against hazing. 6. a. Each board of education of a school district with a high school or middle school and the governing board or chief school administrator of a nonpublic high school or middle school shall provide a program for the e…

18A:37-33 Findings, declarations relative to dating violence policy and education. 1. The Legislature finds and declares that: a safe and civil environment in school is necessary for students to learn and achieve high academic standards; a student who is a victim of dating violen…

18A:37-34 Definitions relative to dating violence policy and education. 2. As used in this act: "At school" means in a classroom or anywhere on school property, on a school bus or other school-related vehicle, at an official school bus stop, or at any school-sponsored activity or…

18A:37-35 Task force to develop policy. 3. a. The Department of Education shall establish a task force to develop a policy to address incidents of dating violence involving students at school. The task force shall include members who have expertise in issues relating to dating vi…

18A:37-36 Educational resources, recommendation, posting on website. 4. The Department of Education shall recommend educational resources on dating violence and shall post these materials on its website. L.2011, c.64, s.4.

18A:37-37 Interpretation. 5. The provisions of P.L.2011, c.64 (C.18A:37-33 et al.) shall not be interpreted to prevent a victim from seeking redress under any other available law, either civil or criminal, and does not create or alter any tort liability. L.2011, c.64, s.5. 18A:37…

18A:37-38 Definitions relative to restorative justice. 1. As used in this act: "Adverse childhood experiences" means severe childhood stressors that, when experienced prenatal to three years old, affect brain development and which are proven to be powerful determinants of physica…

18A:37-39 "Restorative Justice in Education Pilot Program." 2. Within six months of the effective date of this act, the Commissioner of Education shall establish a three-year "Restorative Justice in Education Pilot Program" to implement restorative justice practices in the public…