New Jersey Assembly Bill A5340

New Jersey 2022-2023 Regular Session

• Introduced: 3/23/23
• Refer: 3/23/23

Caption

Broadens definition of "harassment, intimidation, or bullying" in Anti-Bullying Bill of Rights Act.

Impact

As a result of this bill, school districts will be required to revise their policies to reflect this expanded definition of bullying. The Commissioner of Education is also tasked with updating the model policy on bullying accordingly. The data collected on bullying incidents will now be disaggregated by various student demographics including race, gender, and special education status, enhancing accountability and transparency in how bullying is reported and managed in schools. This data will be reported to the Department of Education to monitor compliance.

Summary

Assembly Bill A5340 aims to broaden the definition of 'harassment, intimidation, or bullying' within the framework of New Jersey's Anti-Bullying Bill of Rights Act. Specifically, it proposes that the definition encompass acts committed against all students, eliminating the prior requirement that such acts be motivated by any actual or perceived characteristic. This shift is intended to strengthen protections for students who might experience bullying, ensuring that all incidents are treated with equal seriousness, regardless of the victim's background or characteristics.

Contention

Key points of contention around A5340 may arise regarding the implications of removing the requirement that bullying be motivated by specific characteristics. Critics may argue that while the bill aims to address bullying more universally, it could lead to challenges in adequately addressing the nuances of bullying that often target marginalized groups. Additionally, some stakeholders may express concerns about the potential for increased reporting burdens on schools and the possibility of misidentifying or trivializing certain bullying incidents, especially if they are no longer categorized based on characteristics previously deemed protective.