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Attorney General Announces Revised Agreement to Protect Students from Bullying

 

By Press Release

TRENTON – Attorney General Paula T. Dow today announced the distribution of a new agreement to be executed by school districts and law enforcement agencies throughout New Jersey in order to establish enhanced policies and procedures to protect students from bullying.
The revised Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials was drafted to meet the provisions of the Anti-Bullying Bill of Rights Act, signed into law by Governor Chris Christie on Jan. 5, 2011. The act sets forth standards for preventing, reporting, investigating and responding to incidents involving bullying of students. The revised MOA provides for coordination of efforts between law enforcement and school officials, particularly in cases involving conduct that may constitute a crime or disorderly persons offense under state law. The Attorney General’s Office and Department of Education sent the MOA this week to county prosecutors and county superintendents of schools for distribution to local officials.
“Bullying inflicts incalculable harm on victims, debases the bullies themselves, and degrades the safety and civility of the school environment,” said Attorney General Dow. “This memorandum of agreement will help ensure that school staff and law enforcement authorities throughout New Jersey work cooperatively to investigate and address potential crimes and serious acts of bullying in our schools.”
Research has shown that bullying has severe negative effects on victims, bullies and even observers of bullying. The effects on student victims include behavioral problems (e.g., suicide, violence), school problems (e.g., high absenteeism, poor achievement, and poor concentration), psychological problems (e.g., depression, anxiety, and low self-esteem), physical/health problems (e.g., stomach aches, dizziness, and headaches) and social problems (e.g., difficulty making friends, difficulty adjusting to their environments, loneliness). Bullies are more likely to get into fights, steal and vandalize property, drink alcohol or smoke, carry weapons, receive poor grades and perceive the school environment as negative, according to research.
The revised MOA was developed by the Attorney General’s Education and Law Enforcement Working Group based upon earlier memoranda of agreement issued in 1988, 1992, 1999 and 2007. It was developed after thorough consultation with the education and law enforcement communities in New Jersey. The revised MOA was prepared for adoption by local law enforcement and by all public school districts and charter schools
The Anti-Bullying Bill of Rights Act requires each school district to adopt a policy prohibiting “harassment, intimidation or bullying,” as defined in the act. The revised MOA notes that while the act did not create a criminal offense of “bullying,” bullying conduct may violate one or more provisions of the New Jersey Criminal Code if it includes, for example, assault, harassment, threats, robbery or sexual offenses. As in past versions of the MOA, school officials agree to refer cases to law enforcement when they believe that certain criminal offenses have been committed.
In the past, schools typically would suspend their own investigations in such cases in deference to law enforcement until the law enforcement investigation had been completed. However, the Anti-Bullying Bill of Rights Act calls for schools to complete harassment, intimidation or bullying investigations within 10 school days. As a result, proper coordination between school officials and law enforcement is critical. The revised MOA provides enhanced standards for schools and law enforcement regarding reporting and information sharing, the preservation of evidence, the coordination of investigations, and testimony at school student conduct hearings.
Under the revised MOA, school and law enforcement officials agree to jointly review such matters as they plan or proceed with their respective investigations. The MOA specifies that law enforcement may request that a school not interview certain witnesses or not seek certain evidence in order to avoid interfering with an ongoing criminal investigation. Law enforcement agencies agree to testify at any suspension or expulsion hearing, provided that the information is kept confidential and prior notice is given to the county prosecutor’s office, which can preclude such testimony where it would interfere with an ongoing investigation or prosecution.
Police are required under the revised MOA to notify the school principal when a student or a student’s parent or guardian reports to police that a student has been a victim of harassment, intimidation or bullying, provided the offender, if a juvenile, has been charged or is under investigation for a criminal offense in circumstances where the information may help the school maintain order, safety or discipline, or where it may assist the school in placing the offender in appropriate programs.
School officials, in turn, agree to inform students that they may report an alleged offense to law enforcement, but school officials are not to express an opinion to the victim as to whether a crime has been committed. The revised MOA also provides guidance regarding the statutory duty of law enforcement officers to assist school attendance officers, also known as truant officers For example, when practicable, police should accompany attendance officers to the homes of students in circumstances where attendance officers have concerns for their safety.
A copy of the revised MOA is posted at www.njpublicsafety.com .

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