Leonia Public Schools

New Jersey’s Anti-Bullying Bill of Rights Act (ABR) is commonly referred to as the Harassment, Intimidation, and Bullying (HIB) law. The purpose of the law is to strengthen the standards by which school districts prevent, report, investigate and respond to incidents of bullying, with the intention of developing and sustaining safe, supportive and civil schools in which HIB does not occur.

HIB is formally defined in both the law and Board policy. It refers to:

• Any gesture or written, verbal or physical act or any electronic communication, whether it's a single incident or a series of incidents.
• Which is motivated by any actual or perceived characteristic such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or disability, or any other distinguishing characteristic(s). The act does not have to be actually motivated by such a characteristic; the critical question is whether the victim or witnesses felt the student was targeted based on the characteristic, and if that belief is reasonable.
• And which takes place on school property, on a school bus, at a school-sponsored or related event or even off school grounds in certain circumstances.
• AND that meets one of the following criteria:
  • A reasonable person should know, under the circumstances, that the actions will physically or emotionally harm the student or damage the student's property, or that the actions would place a student in reasonable fear of physical or emotional harm to his person or property.
  • Has the effect of insulting or demeaning the student or groups of students.
  • Interferes with the student's education or is severe or pervasive enough that it causes physical or emotional harm to a student.

An Anti-Bullying Specialist (ABS) is a school counselor, school psychologist, or another school employee trained to act as the ABS. The Anti-Bullying Specialist is responsible for leading HIB investigations.

One ABS is designated for each school in the district.

Conflicts at schools will occur, but conflict and bullying are very different.

• Conflict is considered mutual, meaning that all participants play some part in initiating, continuing, or engaging in the disagreement. It can range from a simple disagreement to a verbal argument or a physical altercation. Behaviors like name-calling or threats can occur during a conflict but do not automatically classify it as HIB.
• Bullying, on the other hand, is one-sided. There is no mutual participation in the actions. It involves an individual or individuals intentionally committing a mean or violent act against another person or persons who have a hard time defending themselves.
• Even if an incident does not meet the definition of HIB, it does not mean the situation will not be addressed; all conduct infractions are subject to the Code of Student Conduct.

No. The act does not have to be actually motivated by an actual or perceived characteristic or other distinguishing characteristic. The critical question is whether the victim or witnesses felt that the student was targeted based on the characteristic, and whether that belief is reasonable.

Not always, but almost all reported claims are investigated as HIB. First, the Principal (or designee) and the Anti-Bullying Specialist review the report to determine if the reported facts meet the legal definition of harassment, intimidation, or bullying. If the reported facts do, then a formal investigation begins. If they do not, the matter is addressed under the school’s Code of Student Conduct, but regardless, a HIB 338 Form is still completed and sent to the Superintendent. Parents are notified, and the Superintendent or Board of Education can require an investigation if they disagree with the initial decision.

Leonia Public Schools has a Standard Operating Procedure for HIB Reporting, Timeline, and Expectations for 2025-2026. Here’s a summary of the steps involved:
Initial Report:

• When witnessing or learning of a possible HIB incident, faculty and staff must report it verbally to the principal or designee on the same day the incident occurs, or in writing if after school hours.  The Principal ensures the students' safety and then follows the protocols set forth by the state
• If a family or community member reports HIB concerns to any staff member, an investigation must begin. While families are encouraged to submit a written report, it is not required. If they do not, the principal must document the verbal report in writing within 2 days based on the information shared verbally.
• The HIB 338 Reporting Form for Families is available and should be requested, though it is optional for families.

Investigation Commencement:

• The Principal is to notify the Superintendent and the Anti-Bullying Coordinator (ABC) of the commencement of the investigation.
• The Principal will launch the investigation within 1 day of the verbal or written report.
• On the same day, the principal must inform the families of all students involved in the alleged incident and may discuss available counseling and intervention services as appropriate. The principal cannot disclose the names of other students involved.
• If the incident is considered both HIB and a criminal or bias-related act, the school principal must report to the police immediately. The Superintendent is also notified, and the investigation is paused while the police investigate. If there's a possibility of a bias-related act, the principal should speak with the police department about notifying the county prosecutor.
• The investigation proceeds regardless of whether the family is reached when contacted. When necessary, the principal should communicate in the family’s native language throughout the process.

Investigation Process:

• The Principal shares initial investigation findings with the Anti-Bullying Specialist (ABS), who then takes over the HIB investigation.
• The ABS must complete the investigation report within 10 school days of the written report. This timeline does not include weekends, holidays, or break periods.
• If additional information related to the investigation is received after the 10-school day deadline, the ABS may amend the original results of the report.

Investigation Review and Formal Determination:

• The Superintendent reviews the investigation report and submits a redacted revision of the report to the Board of Education (BOE) for the next BOE meeting.
• Once reviewed by the BOE, formal written notice is sent to the parents via email and postal mail within 5 school days of the BOE meeting.
   

No. At this time, there is no provision in the ABR that permits the withdrawal of an HIB complaint.

Teachers, board members, administrators, and other district personnel are required by law to report an incident of HIB. Any other individual, including parents, guardians, or community members, may make a report of HIB. A HIB report may also be made anonymously, though no disciplinary or other consequences may be imposed on a student based solely upon an anonymous report. Supportive services will still be made available for students involved in anonymous reports.

If you suspect your child is being bullied at school, you should report the matter to the school officials. You will need to fill out a HIB complaint (Form 338). HIB complaint forms can be found on the district's website (on this page) and at the schools' main offices. It is also important to assure your child that school personnel will assist in helping to resolve the problem.

No. The Anti-Bullying Bill of Rights Act does not require school districts to request parental consent for interviews, and parents do not have the right to deny a school district permission to interview their child. School officials will conduct an investigation as determined by the allegation. Parents are not permitted to sit-in with their child(ren) when the incident is discussed. This is to protect the identity and personal information of the students involved and to guard the integrity of the investigation. Information identifying other students cannot be discussed if a parent were present, which could compromise the investigation. It is critical for parents/guardians to understand that the school may only consider the information they gather during the HIB process, and must still proceed with the investigation and make a determination. A student who withholds information will not have their side of the story considered in the findings.

1. The results of the investigation are reported in writing to the Superintendent within 2 school days of the completion of the investigation.
2. Upon learning the investigation results, principals must promptly inform families of the HIB determination (or lack of determination) and the school's next steps. This communication will occur before the next Board of Education meeting.
3. The HIB report is placed on the Board of Education agenda for review, and the Superintendent will provide a summary to the Board at its next meeting of any HIB reports completed in the preceding month.
4. Once reviewed by the Board, formal written notice is sent to the parents via email and postal mail within 5 school days of the BOE meeting.
5. After the investigation, Board action, and upon request directly made to the Superintendent, a parent/guardian is entitled to a redacted copy of the report that removes all student identification information.

• Reports of HIB investigations are kept at the school and district levels and are NOT kept in the student's cumulative file.
• Student records, including HIB documentation, cannot be shared with anyone other than authorized organizations, agencies, and individuals (as defined by law) without parental consent.
• If a student receives disciplinary action that is reported as a detention or suspension, that information is recorded. The District is legally required to transfer a student's disciplinary file to any other New Jersey public school district to which a student transfers.
• While the district reports some HIB information, like the number of HIB occurrences and determinations, to the state, individual HIB case information is not reported.

Consequences and intervention strategies that result from an investigation are highly variable and highly individualized. Examples include, but are not limited to:

• Individual or small group counseling.
• Social skills instruction.
• Peer support groups.
• Written or verbal apology.
• Classroom instruction aligned to the goals of the ABR.
• Detention (including staying in for lunch at younger grades).
• Suspension. Generally speaking, HIB violations are considered Tier 3 or Tier 4 infractions and typically result in out-of-school suspensions, counseling sessions, and/or training programs.

After a student’s third (and each subsequent) confirmed HIB, the school principal, in consultation with appropriate staff, is required to develop an individual student intervention plan. This plan needs the approval of the Superintendent of Schools or their designee.

• Remedial Actions and Discipline: The intervention plan may include a variety of measures, including counseling, behavioral intervention services, and progressive discipline.
• Required Class or Training Program: The Superintendent, at their discretion, may require the student, accompanied by a parent or guardian, to complete a class or training program specifically designed to reduce HIB behavior.
• Recordkeeping: Results of the investigation verifying the HIB incident are placed in the student's school record, according to New Jersey's expanded anti-HIB statutes and regulations.
• Revision of Intervention Plan: The principal must revise the individual student intervention plan for each HIB incident occurring after the initial three. 

It depends on the specific incident. Consequences and disciplinary actions are imposed to curtail continued incidents, regardless of whether the incidents meet the definition of HIB or whether the actions simply conflict with the Student Code of Conduct. School officials will take the actions necessary to maintain a safe and secure school environment for all students.

Many incidents that do not fall under the definition of HIB will still violate the Student Code of Conduct, so consequences may be imposed even if a HIB investigation is not initiated or does not result in a HIB finding. If a reported incident is found to be accurate but does not meet the definition of HIB, school officials will handle the situation as a Student Code of Conduct infraction and impose disciplinary actions as needed.

You have several appeal options:

• Appeal to the Leonia Board of Education: Either party may appeal to the Board of Education and request a Board-level review of the matter. You may request a hearing before the Board of Education within sixty (60) days of receiving a letter from the Superintendent notifying you that the investigation has been completed. The request for a hearing should be submitted in a letter to the Superintendent of Schools. The hearing will be held within ten (10) school days of the request, in executive session to protect student confidentiality.
• At the hearing, the Board of Education will listen to both sides discuss their concerns. Parents are welcome to submit statements before the meeting for the board members to review, which will become part of the official appeal records.
• Appeal to the Commissioner of Education: If you are still dissatisfied after the Board's decision, you may appeal to the Commissioner of Education no later than ninety (90) days after the issuance of the Board of Education's decision.
• Complaint with the Division on Civil Rights: A parent, pupil, legal guardian, or organization may file a complaint with the Division on Civil Rights within one hundred eighty 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" (e.g., race, color, religion, sexual orientation).

Don't panic! Students, particularly young students, may pick up on a parent's anxiety over the situation. The Anti-Bullying Bill of Rights (ABR) is not a criminal statute, and students are treated with respect, care, and due regard by administrators, teachers, and the Anti-Bullying Specialist (ABS) throughout the process. Conflict resolution, coping skills, and learning about differences among peers are part of the educational process that the ABR seeks to strengthen in school districts. Encourage your children to be truthful and reassure them that the school officials are present to help all students feel safe and secure in school.

No, the ABR does not require school districts to provide a copy of the full investigation report to parents. However, after the investigation, Board action, and upon a request made directly to the Superintendent or ABC, a parent/guardian is entitled to a redacted copy of the report that removes all student identification information. This information will be confidentially shared by the Board.

The District will respond to complaints of electronic HIB by collecting objective information from any involved students. Although the District will investigate, it may not be able to uncover the identities of any particular individuals involved.

Actions that occur off school property, including social media postings that occur outside of school hours, must meet an additional prong of the HIB law in order for school personnel to impose consequences against the aggressor. Specifically, imposition of discipline is subject to the following restrictions:

• Only when discipline is reasonably necessary for the student’s physical or emotional safety, security, and well-being or for reasons relating to the safety, security or well-being of other students, staff, or school property.
• Only when the conduct which is the subject of the proposed consequence materially and substantially interferes with the requirements of appropriate discipline in the operation of the school.
• The discipline must be consistent with Board Policy (e.g., Board Policy 5131 “Code and Discipline”).

District officials are required to investigate alleged acts of HIB perpetrated by an adult when the alleged perpetrator is employed by or volunteering on behalf of the Board. However, investigating alleged acts of HIB perpetrated by a parent who is not employed by or volunteering for the Board is beyond the scope of the ABR; therefore, District officials have no involvement in this type of allegation, as it is considered a private matter they are not permitted to address.

The ABR applies to all school-sponsored or related events without regard to the time period. However, the report that the District must file with the State through the Student Data Safety System (SSDS) is limited to instances that take place from September 1 through June 30. Nevertheless, Leonia Public Schools will maintain records of incidents and actions taken to inform future programming and services.

*Note: If conduct occurs during the summer and is not related to a school-sponsored or related event, parents should report it to local law enforcement, if appropriate, and provide emotional counseling and support for their student. Additionally, parents should notify the student's principal at the beginning of the school year so that appropriate services and interventions may be implemented.

If your child attends an out-of-district school and you suspect that he/she is being bullied, you should immediately report that information both to the staff at the out-of-district school and your child's case manager.