School bullying is not just a disciplinary matter — in many cases, it crosses into territory that carries real legal consequences, both for the individuals involved and for the school districts that are supposed to prevent it. New Jersey has some of the most comprehensive anti-bullying laws in the country, and parents who feel their schools have not done enough to protect their child may have legal avenues worth exploring.
Mandelbaum Barrett PC attorney Arla Cahill was interviewed on Jersey Matters, a New Jersey public affairs television program, to discuss the legal remedies available to families dealing with school bullying. Cahill handles education and civil rights matters at the firm and regularly provides guidance to families navigating Mandelbaum Barrett PC’s civil rights and education-related practice areas when schools have not adequately responded to harassment, intimidation, and bullying.
New Jersey’s Anti-Bullying Bill of Rights
New Jersey enacted the Anti-Bullying Bill of Rights Act in 2011, establishing one of the strongest anti-bullying frameworks in the United States. The law requires every public school district to adopt anti-bullying policies, designate anti-bullying specialists at each school, appoint an anti-bullying coordinator at the district level, and investigate reported incidents of harassment, intimidation, and bullying (HIB) within prescribed timelines.
When a parent reports a bullying incident, the school is required to investigate and provide written notice of the results to the parents of all students involved. If the school determines that HIB occurred, the district must impose consequences and implement a remedial action plan. According to the New Jersey Department of Education, districts are subject to annual grading on their anti-bullying programs, and those that fail to meet minimum requirements may face corrective action.
When Schools Fail to Act
Despite the legal requirements, schools do not always follow through on their obligations. Investigations may be delayed or inadequate. Conclusions that no HIB occurred may not reflect the available evidence. Remedial action plans may fail to address the root causes of the conduct. When this happens, parents have formal channels to pursue.
Parents who disagree with a school’s HIB determination may request a hearing before the local board of education. If the board’s decision is also unsatisfactory, the matter may be appealed to the Commissioner of Education. In cases involving discrimination based on protected characteristics such as race, disability, religion, or sexual orientation, families may also have claims under the New Jersey Law Against Discrimination or federal civil rights statutes.
Cyberbullying and Off-Campus Conduct
One of the more complex issues that Cahill addressed in the Jersey Matters interview involves cyberbullying and conduct that originates off school grounds. New Jersey’s Anti-Bullying Bill of Rights extends to electronic communications, even those that begin outside of school, if they create a hostile educational environment or substantially disrupt the school setting. Schools have authority to respond to cyberbullying through the same HIB process that applies to in-person incidents.
This means parents should document and report bullying communications that occur through social media, text messages, or online platforms, not just conduct that takes place physically at school. Screenshots and records of electronic harassment can be critical evidence in a formal HIB investigation.
What Parents Should Do If Their Child Is Being Bullied
The most important step is to report the conduct in writing to the school’s anti-bullying specialist, not just verbally to a teacher or principal. A written report triggers the school’s formal investigation obligations and creates a record of the complaint. Parents should keep copies of all written communications with the school, including investigation results and responses to any remedial action plans that are put in place.
If the school’s response is inadequate or if legal action may be warranted, consulting with an attorney early in the process helps families understand their options before the situation becomes more difficult to address.
Contact Mandelbaum Barrett PC for School Bullying Legal Guidance
If your child has been subjected to bullying and the school has not responded appropriately, the team at Mandelbaum Barrett PC can help you evaluate your options. We work with families throughout New Jersey and New York on education and civil rights matters.
Reach out through our contact page to speak with our team. We are here to help you navigate a difficult situation and understand what steps the law allows you to take.