Education Law

Bullying not only has a serious impact on the psychological wellbeing of a bullied student, it profoundly interferes with a student’s ability to learn, which, in turn, undermines a student’s civil right to receive from the public school a “free, appropriate public education” (FAPE).  Bullying can take many forms and, with the high prevalence of social media, it can enter every aspect of a student’s life, even when the student is away from the school environment. This is why it is important to protect students and address such occurrences swiftly and effectively.

New Jersey’s Anti-Bullying Bill of Rights Act requires each public school district to adopt a policy prohibiting “harassment, intimidation and bullying” (known as HIB) of a student on school property, at school-sponsored functions and on the school bus. The school district’s policy must include a definition of HIB, a procedure for reporting and investigating an act of HIB, as well as the consequences and appropriate remedial action for anyone who commits an act of HIB. This law not only prohibits acts of HIB committed by students, but also by adults, including teachers and school administrators.

HIB is defined by the Act to mean “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 substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that 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 of physical or emotional harm to his or her person or damage to his or her property; has the effect of insulting or demeaning any student or group of students; or creates a hostile educational environment for a student by interfering with the student’s education or by severely or pervasively causing physical or emotional harm to the student.”

Despite New Jersey’s stringent anti-HIB statute’s requirements for schools, not every school effectively resolves HIB conduct and, consequently, parents need legal help to ensure their child’s wellbeing and rights are being protected.  Other times, students are unfairly and incorrectly deemed by their school to have committed an act of HIB.  Mandelbaum Barrett PC’s Education Law attorneys compassionately guide parents and their child through every step of the anti-HIB enforcement process, from the initial grievance, investigation and communications with the school to implement remedial interim protections, to the appeals process before the school board, Department of Education and other appeal tribunals.

Every New Jersey school district must have a written code of conduct or student handbook. Students have certain Constitutional due process rights, including being given advance notice of conduct that may result in suspension or expulsion, the right to appeal disciplinary action, access to an alternate educational program, access to behavioral support services and a referral for child study team evaluation (if not already in special education).  Students who receive special education pursuant to an Individualized Education Program (IEP), have different rights regarding the consequences of their actions.

Mandelbaum Barrett PC is committed to finding amicable solutions to disciplinary issues your child may be facing.  Our Education Law attorneys can accompany you to disciplinary hearings and communicate with the school to ensure that your child’s interests and rights are protected.

• Rescheduling classes to an accessible location;
• Using early enrollment options for students with disabilities to allow time to arrange accommodations;
• Substituting specific courses required for completion of degree requirements;
• Allowing service animals in the classroom;
• Providing students with disabilities with a syllabus prior to the beginning of class; clearly communicating course requirements, assignments, due dates, grading criteria both orally and in written form;
• Providing written outlines or summaries of class lectures, or integrating this information into comments at the beginning and end of class;
• Allowing students to use note takers or record lectures; and
• Allowing students with disabilities, whose disability prevents them from taking a full-time course load, to qualify for financial aid.