Starting the 2025-2026 School Year Right: Understanding Harassment, Intimidation, and Bullying in New Jersey Schools

As the 2025-2026 school year quickly approaches, it’s important that all parents, students, and school staff understand their rights and obligations under the New Jersey Anti-Bullying Bill of Rights Act (“ABR”). As such, this blog post provides an overview of the ABR and the strict timelines and procedures all school districts must follow. It further provides practical guidance for families and school districts in preparation for the upcoming school year.

What constitutes Harassment, Intimidation, Bullying (“HIB”) in New Jersey?

N.J.S.A. 18A:37-14,  defines “Harassment, intimidation, or bullying,” as “any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds as provided for in section 16 of P.L.2010, c. 122 (C.18A:37-15.3), that substantially disrupts or interferes with the orderly operation of the school or the rights of other students, and that:

• A. A reasonable person should know under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear or physical or emotional harm to his/her person or damage to his/her property; or
• B. Has the effect of insulting or demeaning any student or group of students; or
• C. Creates a hostile educational environment for the student by interfering with the student’s education or by several or pervasively causing physical or emotional harm to the student.”

What are school district’s legal obligations under the ABR?

New Jersey imposes strict requirements on school districts after a HIB report is made. Below is an overview of these requirements:

• Immediate Reporting. Any staff member who witnesses or receives a report must verbally notify the school principal on the same school day. The staff member then has two (2) school days to report the incident in writing to the school principal.
• Investigation. After receiving a report of a HIB incident, the Anti-Bullying Specialist (“ABS”) must complete a formal investigation within ten (10) school days.
• Administrative Review. The results of the HIB investigation are reported to the Superintendent then to the Board of Education at its next meeting.
• Parental notification. Parents must be informed of the outcome and any actions taken. The information shall be provided in writing within five (5) school days after the results of the investigation are reported to the board and should include the following information: the nature of the investigation; whether the district found evidence of harassment, intimidation or bullying; and whether discipline was imposed or services provided to address the incident.

What rights do parents/guardians and students have under the ABR?

The parent or guardian may request a hearing before the school’s board of education concerning the written information about the HIB. The request for a board hearing shall be filed with the board secretary no later than sixty (60) calendar days after the written information is received by the parents or guardians. The hearing shall be held within ten (10) days of the request. The board shall subsequently either affirm, reject, or modify the superintendent’s decision. The parent/guardian can ultimately appeal the board’s decision to the Commissioner of Education, no later than ninety (90) days after the issuance of the board’s decision.

As for students, students have the right to be protected against retaliation for reporting an incident of harassment, intimidation or bullying.

What practice guidance or tips are recommended as the new school year approaches?

For parents:

• Talk to your child early about what bullying looks like and encourage open communication.
• Review your school district’s HIB policy carefully. Every school in New Jersey must post their HIB policy online and distribute it annually. Read it now so you understand the reporting procedures and timelines before a problem arises.
• If your child does experience harassment, intimidation, or bullying, document anything and everything! (save screenshots; write down names, dates, etc.)
• Follow-up in writing. Always submit bullying concerns to the school in writing. This ensures there is a record and triggers the formal investigation process.
• Be aware of your appeal rights. If you aren’t satisfied with how the school handled an incident, request a hearing before the Board of Education, and further appeal to the NJDOE if you are still unsatisfied.

For school districts:

• Train early and often. Hold refresher training for all staff members at the start of the school year to ensure they are familiar with recognizing, reporting, and responding to HIB incidents.
• Review and update the district’s HIB policies and procedures, and ensure that it is published on the school website, and included in student handbooks.
• Foster a positive school climate, by including programs that promote inclusion and respect among peers.

As the school year begins, it’s important for both families and school districts to understand their rights and obligations under New Jersey’s HIB laws. Addressing issues early and properly can prevent escalation, protect students, and reduce legal risks. If you have any questions, do not hesitate to reach out to our school law attorneys.