Bullying & the Law: What to Do When Schools Fail to Act — Part 3 of 3
Knowing the law is only half the battle. Here's the step-by-step escalation ladder every NJ parent needs — from reporting to the school all the way to the U.S. Department of Justice — with exact timelines and what to document.
Knowing the law is only half the battle. The harder question for most parents is: what do I actually do when the school is not following it?
Start Here: Document Everything From Day One
Before you make a single phone call to the school, start a written record. Courts, the NJ Department of Education, and the U.S. Department of Education's Office for Civil Rights all rely heavily on documentation. Your documentation should include: dates and times of every incident, names of all students involved, exact words or actions, physical evidence such as screenshots, and copies of every written communication with the school.
Step 1: Report to the School — In Writing
Submit a written report to the school's Anti-Bullying Specialist. Request the school's HIB 338 Form. Send your report by email or certified mail. After your report, the school must begin the investigation within one school day and complete it within ten school days.
Step 2: Appeal to the Board of Education
If the school's Anti-Bullying Specialist finds that no HIB occurred, you have the right to appeal to the Board of Education within 60 days of receiving the school's decision.
Step 3: Appeal to the Commissioner of Education
Contact the NJ Department of Education, Office of Student Support Services at [email protected] or (609) 376-9109.
Step 4: File a Federal Complaint with the U.S. Department of Education
If the bullying involves discrimination, file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR) at ocrcas.ed.gov. The complaint must generally be filed within 180 days of the last discriminatory act.