By Charles W. Kim, The Packet Group
Legislators have less than two months to re-tool the state’s anti-bullying law after the Council on Local Mandates deemed it unconstitutional Jan. 27.
”The Anti-Bullying Bill of Rights Act is absolutely the correct response to increased incidences of bullying in our schools,” said state Sen. Diane Allen, R-7th, one of the law’s prime sponsors. “While I disagree strongly with the council’s rejection of the law, the Legislature needs to fix the law in accordance with the council’s findings in order to preserve this important legal protection for children.”
The council was established in 1996 after voters approved a constitutional amendment that does not allow the state to make laws and rules that impose mandates on municipalities, school districts and counties without providing the money for them.
The anti-bullying bill signed into law by Gov. Chris Christie last year forces school districts to adopt or update policies on harassment, intimidation and bullying and to establish procedures for reporting such incidents.
It also requires districts to establish coordinators at both the school and district levels to monitor and report on complaints.
The issue of bullying was brought into sharp focus after Rutgers University student Tyler Clementi committed suicide in September 2010 by jumping off the George Washington Bridge following an incident where his roommate allegedly made a video recording of him with another male student and then broadcast it over the Internet.
The council’s decision will take effect 60 days from Jan. 27 if the Legislature cannot remedy the law’s shortcomings.
Council Chairman John A. Sweeney, a retired Superior Court judge in Burlington County, said recently that the council supports what the law is trying to do, but made its decision purely on the fact the state did not include ready funding for the districts to implement it.
”We decided this was a mandate,” Mr. Sweeney said. “There was a fund provided (for districts to use), but there was no money in it, and the Legislature has no intent of putting money in it.”
The council considered the issue after the Allamuchy Board of Education in Warren County filed a complaint last August.
”We favor this law,” Mr. Sweeney said. “We think it is a good law, and the Legislature should fix it.”
Mr. Sweeney said if the Legislature does not take any action during the prescribed time period, the law, as written, “would expire.”
Sen. Allen said she already has spoken with Gov. Christie and Senate President Stephen Sweeney, D-3rd, (no relation to the retired judge) about making the needed changes to keep the law operating.
”Given the emotional and physical scars being inflicted on children by this behavior — sometimes with truly tragic consequences — we cannot afford to go without a comprehensive and compulsory response to bullying in the public school system,” Sen. Allen said. “I have already spoken personally with the governor and the Senate president, and it is my hope we can soon put forth legislation to address perceived deficiencies in the law so that (the law) may continue to protect children without interruption.”
New Jersey School Boards Association Executive Director Marie S. Bilik also agreed the law was good, but needs more work.
”The Anti-Bullying Bill of Rights is a well-intentioned statute designed to ensure that no child is ever afraid to go to school because of harassment or intimidation,” Ms. Bilik said. “Unfortunately, the legislation required more work prior to enactment, including consideration of the financial and staffing burdens placed on local school districts.”
Mr. Sweeney said the Legislature should bring the amended law back in front of the council for reconsideration.

