Requires school districts to establish procedures for online reporting of harassment, intimidation, and bullying.

A4538

ASSEMBLY, No. 4538

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Co-Sponsored by:

Assemblyman Angelozzi

SYNOPSIS

���� Requires school districts to establish procedures for
online reporting of harassment, intimidation, and bullying.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning harassment, intimidation, and bullying in
public schools and amending 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.� The consequences for a student who commits an act of
harassment, intimidation, or bullying may include: for the first act of
harassment, intimidation, or bullying committed by a student, a copy of the
results of the investigation shall 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; for
the second act, a copy of the results of the investigation shall 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 shall be placed in the student's record, and
the principal, in consultation with appropriate school staff, shall develop an
individual student intervention plan which shall be approved by the
superintendent of schools or the superintendent's designee, and may include
remedial actions including counseling or behavioral intervention services, or
progressive discipline, or both, and may require the student, accompanied by a
parent or guardian, to complete in a satisfactory manner a class or training
program to reduce harassment, intimidation or bullying behavior.

���� The superintendent of schools
or the superintendent's designee and the principal shall consult law
enforcement, as appropriate, pursuant to the provisions of the Uniform State
Memorandum of Agreement Between Education and Law Enforcement Officials, if the
student's behavior may constitute a possible violation of the New Jersey Code
of Criminal Justice;

���� (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.

����
Beginning on the 120th day
following the effective date
of P.L. , c. (pending
before the Legislature as this bill), the policy shall include a procedure that
permits a person to electronically report an act of harassment, intimidation or
bullying using an online reporting form, which form shall be accessible through
the official Internet website of the school district.��

���� 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.� 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.� The principal shall keep a written record of the
date, time, and manner of notification to the parents or guardians.� 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.� The written
report shall be on a numbered form developed by the Department of Education.� A
copy of the form shall be submitted promptly by the principal to the
superintendent of schools.� The form shall 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 pursuant to section 2 of P.L.2002, c.83
(C.18A:37-14), and shall be kept on file at the school but shall not be
included in any student record, unless the incident results in disciplinary
action or is otherwise required to be contained in a student's record under
State or federal law.� A redacted copy of the form that removes all student
identification information shall be confidentially shared with the board of
education after the conclusion of the investigation, if a hearing is requested
by a parent or guardian pursuant to subparagraph (d) of paragraph (6) of this
subsection.

���� The school district shall
provide a means for a parent or guardian to complete an online numbered form
developed by the Department of Education to confidentially report an incident
of harassment, intimidation, or bullying.

���� The principal shall report to
the superintendent 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, and the
superintendent may require the principal to conduct an investigation of the
incident, if the superintendent determines that an investigation is necessary
because the incident is within the scope of the definition of harassment,
intimidation, or bullying.� The superintendent shall notify the principal of
this determination in writing;

���� (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 or from the date of the written notification from the superintendent
to the principal to initiate an investigation pursuant to paragraph (5) of this
subsection.� 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, 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 including
seeking further information;

���� (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;

���� (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 pursuant to subparagraph
(c) of paragraph (6) of this subsection, 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; 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
and the online reporting form
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;

���� (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; and

���� (13) a requirement that the
school district and each school in the district with a website post on its
homepage the current version of the document, Guidance for Parents on the
Anti-Bullying Bill of Rights Act, developed by the Department of Education.�
The School Climate State Coordinator shall ensure that this document is updated
as needed and then promptly disseminated to all school districts.

���� 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.

����
(3)�� Within 90 days
following the effective date of P.L. , c. (pending before
the Legislature as this bill), the commissioner shall adopt amendments to the
model policy to establish procedures that permit a person to electronically
report an act of harassment, intimidation or bullying using an online reporting
form.

���� 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.2021, c.338, s.3)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires school
districts to establish procedures for the online reporting of acts of
harassment, intimidation, or bullying.

���� Under 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.), school districts are
required to adopt a policy prohibiting harassment, intimidation, or bullying.�
Current law requires this policy to contain a procedure for the reporting of
acts of harassment, intimidation, or bullying, including a provision that permits
a person to anonymously report these acts.

���� This bill amends the
�Anti-Bullying Bill of Rights Act� to provide that beginning on the 120th day
following the enactment of the bill, each school district�s policy would also
be required to include a procedure that permits a person to electronically
report an act of harassment, intimidation, or bullying using an online reporting
form, which would be accessible through the official Internet website of the
school district.� In addition, the bill requires a link to the online reporting
form to 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
the district.

���� Under current law, the
Commissioner of Education is required to develop a model policy to assist
school districts in developing policies for the prevention of harassment,
intimidation, or bullying.� This bill also requires the commissioner to adopt
amendments to the model policy to establish procedures for the electronic
reporting of harassment, intimidation, or bullying using online reporting forms.