Based on district policy 5600, The Mercer County Technical Schools are committed to creating an atmosphere that provides all students with the best environment for learning and developing into college and career ready adults. In order to establish a learning culture focused on academic achievement, the school community needs to commit to the ideals of respect, responsibility, and accountability. Students must be taught to understand the importance of an orderly environment and learn to comply with school rules, school district policies, and state and federal laws. The goal of Mercer County Technical Schools is to support and promote positive behavior.

Students, teachers, school administrators, and parents share in the responsibility to teach our students, demonstrate the need for an orderly campus, and understand that the goals of discipline ultimately result in providing students with the ability to succeed. This code of conduct provides a framework for goals, behaviors, and expectations that include student behaviors, teacher and staff responsibilities, and guidelines for administrators.

Behavioral Expectations and Goals

Be ready:

Ready to engage and learn

Have an attitude of seriousness and purpose

Be on time for class

Have necessary materials for class

Assignments are complete

Be respectful:

Respect others’ personal space, property, and choices

Respect school property

Respect differences and celebrate diversity

Show empathy and compassion towards the needs and feelings of others

Have a personal commitment to service and act to make a positive difference in the lives of others (Pay it forward)

Do not interfere with the learning opportunities of other students

Refrain from name calling and the use of vulgar language or profanity

Respect school-wide procedure and policy

Be responsible:

Accountable for your own actions

Think before acting

Be responsible citizens

Understand the benefits of education and take ownership for your own education

Campus-Wide Student Procedures and Rules

Students can enter the designated areas of the school building each morning at 7:15 AM.
Upon entering the building students are to report to the Cafeteria or designated breakfast/supervised areas.
Any student may eat or purchase breakfast in the Cafeteria or designated/supervised areas.
Students can report to their first class after 7:45 AM.
Students need to remain in their assigned class, unless otherwise directed by your teacher.
For Lunch/Advisory, students need to remain in their assigned location, unless they have an appointment, meeting, or club activity. Permission must be communicated from staff to staff before the student can proceed.
All students must leave campus at the end of each school day.

Disciplinary Philosophy

Mercer County Technical Schools utilizes a progressive disciplinary approach, which includes restorative practices that emphasize values of empathy, respect, honesty, acceptance, responsibility and accountability. Our goal in this approach to discipline is to provide ways to effectively address behavior and provide a safe and supportive environment that nurtures social-emotional learning. Remediation/intervention focuses on the promotion of positive student development and may include, but is not limited to, parent conferences, pupil counseling, peer support groups, conflict mediation, restorative circles, corrective instruction or other relevant service or learning experiences, supportive pupil interventions, behavioral management plans, referral to Intervention and Referral Services (I&RS) and/or alternative placements. For students with disabilities, the behavior interventions and supports shall be determined and provided by N.J.A.C. 6A:14. MCTS practices equitable application of our code of conduct without regard to race, color, religion, ancestry, origin, nationality, sex, gender, sexual orientation, gender identity/expression, marital/domestic partnerships, civil union, mental, physical, sensory disability and/or any other distinguishing characteristic. There may be circumstances that could alter responses to certain behaviors, and these will be handled on a case-by-case basis by the administration.

Documentation and Referral

Mercer County Technical Schools has a tiered system for handling infractions of behavioral expectations. This system identifies which interventions are appropriate, how many must be attempted, and when to involve parents, guardians, and relevant stakeholders. The goal is to correct student misbehaviors before a decision is made to involve administration. A tiered system provides teachers and administrators a framework for consistency and a reasonable progression in disciplinary responses.

There are four levels of disciplinary action, but teachers are expected to use informal classroom strategies and techniques that decrease the need for formal behavioral interventions that include but are not limited to:

Clearly defined expectations for the classroom that include educating students regarding work habits and appropriate decorum.
Employing instructional strategies and techniques such as proximity, visual and verbal prompts, and other warnings to students that indicate the need to change behavior.
Giving discreet, yet clear verbal warnings and reminders of expected behaviors.
Using classroom management systems and positive reinforcement.

If informal strategies fail to modify behavior, teachers will then begin with Level one interventions as outlined below and document the types of interventions. Documentation should remain emotionally neutral, nonjudgmental, factual and complete in detail. Documentation will be required to progress to higher levels of intervention. Progression through intervention levels is recommended, however it is recognized that there are certain behaviors and activities that pose such a level of disruption to learning or safety that immediate higher levels of intervention are required.

Disciplinary Action Descriptions

Restorative Meeting - A meeting designed to engage in dialogue between individuals who were harmed and who were harmed.

Administrative Warning/Meeting - An official meeting, warning that has been verbalized to a student or students.

Parental/Guardian Notification - Contacting a parent/guardian via phone, email, etc. informing of a disciplinary act.

In-School Detention - A supervised detention during the school day, with the time duration at the Principal’s discretion.

Conference (Parent, Teacher, Student) - An official meeting that could involve multiple parties.

Counseling/Mediation - An individual session or a mediation session facilitated by a counselor in response to a disciplinary act.

OSS - Out of school suspension, which is a removal from school grounds for a specific time period.

*Superintendent Review - The Superintendent will evaluate the conduct assigned by the Principal to assess its appropriateness. Following this review, the Superintendent will decide whether to uphold the student's current consequence or if the district should move forward with removal or expulsion.

*Expulsion Hearing (See Page 12)

Reentry Agreements

The purpose of a reentry agreement is to establish a starting point for a student following a disciplinary action. These agreements can take various forms, with a common approach being a meeting with the parent or guardian. During these meetings, expectations for future behavior are discussed, and appropriate supports are put in place to prevent further infractions. In some cases, specific personnel may be involved in reentry meetings. For instance, in the case of a drug or alcohol violation, the Student Assistance Counselor (SAC) or their designee plays a leading role in the reentry plan for a student returning to school.

Students Rights

Advance notice of behaviors that result in suspension or expulsions:

18A:37-2. Any pupil who is guilty of continued and willful disobedience, or of open defiance of the authority of any teacher or person having authority over him, or of the habitual use of profanity or of obscene language, or who shall cut, deface or otherwise injure any school property, shall be liable to punishment and to suspension or expulsion from school.

Conduct which shall constitute good cause for suspension or expulsion of a pupil guilty of such conduct shall include, but not be limited to, any of the following:

Continued and willful disobedience.
Open defiance of the authority of any teacher or person, having authority over them.
Conduct of such character as to constitute a continuing danger to the physical well-being of other pupils.
Physical assault upon another pupil.
Taking, or attempting to take, personal property or money from another pupil, or from his presence, by means of force or fear.
Willfully causing, or attempting to cause, substantial damage to school property.
Participation in an unauthorized occupancy by any group of pupils or others of any part of any school or other building owned by any school district, and failure to leave such school or other facility promptly after having been directed to do so by the principal or other person then in charge of such building or facility.
Incitement which is intended to and does result in unauthorized occupation by any group of pupils or others of any part of a school or other facility owned by any school district.
Incitement which is intended to and does result in truancy by other pupils.
Knowing possession or knowing consumption without legal authority of alcoholic beverages or controlled dangerous substances on school premises, or being under the influence of intoxicating liquor or controlled dangerous substances while on school premises.
Harassment, intimidation, or bullying (HIB).

Education that supports students’ development into productive citizens

At MCTS, our priority is to develop students into productive, global citizens. We believe this is accomplished by immersing them in a community that values empathy, compassion, and effective communication. We also prioritize diversity and inclusion, which are reflected in our academic and social practices.

Attendance in safe and secure school environments

At MCTS, we believe students deserve to attend school in a safe and secure environment. We stay current with best practices in these areas and implement recommendations from the NJDOE office of school preparedness and emergency planning.

Attendance at school irrespective of students marriage, pregnancy or parenthood

The compulsory education law (N.J.S.A. 18A:38-28 through 31) requires all children between the ages of 6-16 to attend school. MCTS believes in equitable opportunities for all students.

Due process appeal procedures

MCTS believes the students have a right to seek an appeal through an established chain of command. The appeal will not impede administrative action, but serves only to redress the student record. To file an appeal, students must follow the procedure outlined below:

An individual student/parent may want to file a written appeal to the administrator indicating the:

Action that caused the appeal.
The reason that the student/parent believes an appeal is warranted and,

The relief sought within 3 school days from the date of the administrative action.

*Within 5 school days the appropriate administrator shall render a decision and inform the student/parent of the decision in writing as it pertains to the student record. Should the student/parent not agree with the decision of the administrator, an appeal to the next level must be made within 3 school days. The appeal to the next level must be in writing with an explanation of reason for dissatisfaction of the principal’s/assistant principal’s decision.

The chain of command for an appeal is:

The administrator/supervisor who issued the discipline
Principal/Assistant Principal
Superintendent

*Administration may hold a hearing, if necessary, to ascertain all relevant facts.

**Administration shall render a decision within 7 school days. The parent will receive written notification of the decision.

Procedures and responsibilities of staff for notifying parents in instances of law enforcement interviews

School officials shall not notify the student’s parent(s) in instances of suspected child abuse or neglect
School officials shall notify the student’s parent(s) when the student is the target of the law enforcement investigation
In all other instances, school authorities shall permit law enforcement authorities to determine whether or when a student’s parent should be contacted

Students rights to parent/guardian notification

Oral or written notification is required prior to the end of the school day or immediately (based on category), where a student is receiving the following disciplinary action or for attendance reasons:

Short-term suspension
Long-term suspension
Expulsion Hearing
Conduct away from school grounds
Attendance
HIB

Per N.J.S.A 18A:46-13.4, MCTS assures that physical restraint and seclusion techniques on students with disabilities are only used in an emergency, in which the student is exhibiting behavior that places the student or others in immediate physical danger in accordance with the code provisions.

Community-Based Health and Social Service Providers

*This is not a complete list of agencies we work with.

National suicide prevention hotline: #988

Mercer crisis center: (609) 396-4357

Teen dating abuse: (866)-331-9474

NAMI(National Alliance on Mental Health: (800)-950-6264

DCP&P: 1-877-NJ ABUSE

The New Jersey Youth Helpline, 2NDFLOOR, is a toll-free, anonymous, and confidential helpline available 24 hours a day, 7 days a week, 365 days a year to all New Jersey young people, ages 10 to 24. Youth can call 2NDFLOOR at 1-888-222-2228 to speak with professionals and trained volunteers who listen attentively, non-judgmentally, and compassionately to issues and problems they are facing. Visit www.2NDFLOOR.org for more information and try the message board!

The Boy’s Town hotline: https://www.boystown.org/hotline/Pages/default.aspx

Helene Fuld Crisis Center: 609-394-6086 to be connected directly to a counselor.

988 Suicide & Crisis Lifeline: https://988lifeline.org/ - Call 988

Find more at: https://bit.ly/mcts_cr

For a complete list of NJ health and social service agencies, please visit the following site:

https://www.state.nj.us/humanservices/dmahs/clients/social_service_agency_resource_list.pdf

Level One Offenses

Level one offenses are minor acts of misconduct that interfere with orderly school procedures, school functions, extracurricular activities, transportation, and the learning process of students.

Level One Offenses
Mild/inappropriate language/mild profanity Minor graffiti Horseplay Minor verbal altercation Mild defiance, disrespect, insubordination, noncompliance Lying/Cheating	Failing to do classwork/unprepared for class Disruption, excessive talking Cell phone/electronic device violation Late to class Excessive tardiness (1-3 instances) Littering

Level one offenses are classroom management issues and should be handled by the classroom teacher or staff member. A record of offenses should be maintained by the classroom teacher if offenses are elevated to a higher level. These offenses do not require a Unsatisfactory Conduct Report (UCR) to be submitted to building administration. In the case of injury, students should be referred to the nurse. The following are suggested for resolving level one offense by students:

Verbal warning followed by a review of relevant rules or procedures
Conference with student
Written reflection by the student
Parent notification with a possible conference
Teacher detention
Classroom behavior contract with student/parent, or student/student (peer mediation)
Withdrawal from privileges

Level Two Offenses

Level two offenses are intermediate acts of misconduct that require administrative intervention. These acts include but are not limited to repeated, but unrelated acts of minor misconduct and misbehavior directed against persons or property but do not seriously endanger health, safety or the well-being of others.

Level Two Offenses

Repeated level one behavior
Refusing to relinquish a cell phone/electronic device
Cheating/Plagiarism/Academic Dishonesty
Defiance
Vandalism (minor and removable)
Walking out of class
Repeated or extended class disruption
Inciting others to participate in level one/two behaviors
Repeated profanity/vulgarity/racial slurs (towards student or adult)
Refusal to attend/skip detention
Chronic tardiness

Aggressive behavior
Gambling
Minor theft
Property damage less than $50
Acceptable use violations
Physical altercation
Dress code violations
Class cut
Leaving campus without permission
Out of assigned area
Forgery
Repeated horseplay

Level two offenses should be handled by the classroom teacher or staff member. A record of offenses should be maintained by the classroom teacher and/or administration if offenses are elevated to a higher level. Level Two offenses require a UCR to be submitted to building administration. In the case of injury, students must be referred to the nurse.

Level Three Offenses

Level three offenses are serious acts of misconduct that require administrative intervention. These behaviors include, but are not limited to, repeated misbehaviors and serious disruption to the school environment that may threaten health, safety, and or property, but include other acts of serious misconduct.

Level Three Offenses

Repeated level one and level two behaviors
Extortion
Insubordination
HIB (Founded)
Fighting
Gang activity
Sexual harassment
Sexual activity/misconduct, vulgar/obscene gestures
Threatening students and staff
Inappropriate physical contact with staff
Breaking and entering (Burglary, Larceny)

Bomb threat, false alarm
Use/possession of alcohol, drugs, tobacco including vaping
Use/possession of prescription medicine/narcotics
Use/possession of weapons
Trespassing
Disorderly conduct
Vandalism
Assault
Graffiti
Hazing
Truancy- Refer to truancy court
Dating Violence

Level three offenses should be referred to Administration immediately. Teachers must submit a completed UCR form that objectively states the facts in detail with documentation of prior occurrences and interventions. Administration will contact parents for level three offenses. Also, Level 3 offenses may involve a referral to the police, and/or a referral to the Office of the Superintendent for possible further discipline.

Level Four Offenses

Level four offenses jeopardize the health, safety, or well-being of others and must be reported immediately to school administration. These violations require notification of outside agencies, such as law enforcement and district administration, and may result in additional criminal penalties. Given their seriousness, these infractions may also be referred to the Superintendent for potential further disciplinary action.

Expulsion Hearing (If Appropriate)

Certain behaviors may necessitate district-level intervention to ensure the safety and well-being of the school community. These behaviors could include specific offenses or chronic issues that require more extensive interventions than those available at the building level. Level three offenses may lead to an expulsion meeting, while an expulsion hearing is mandatory for level four offenses. The purpose of these meetings is to determine additional actions needed, beyond school-level interventions, before a school board hearing, and to address the situation without requiring legal representation.

Procedure

Following an incident, the student will be disciplined appropriately by the building administration and, if necessary, referred to Central Administration for further review. Building administration must provide detailed documentation of the incident. The Central Administration will then decide whether an expulsion hearing is needed.

The Principal’s designee will contact the parent or guardian to inform them of the current disciplinary status and offer an informal hearing. This informal meeting must occur before any expulsion hearing. For students who are identified, a behavior manifestation determination will also be conducted.

The Central Administration office will send a communication to the parent or guardian, informing them of the hearing's date, location, time, and the reason for the hearing.

The building administration will prepare a student packet for presentation at the expulsion hearing. The packet should include:

Demographic information
Attendance summary
Discipline summary
A detailed explanation of the incident via the informal hearing report

The participants at the meeting include:

The Director of Pupil Services/Special Education.
The building principal or the principal’s designee (must be a school administrator).
The parent/guardian
The student
Other relevant individuals as determined by the team

The Director of Pupil Services/Special Education will run the meeting and determines if additional interventions are needed that may include:

No additional discipline beyond that imposed by the building administration
School-based interventions
Alternative school placement
Formal expulsion hearing

Code of Discipline

LEVEL TWO OFFENSES

*A discipline referral is needed for the following infractions. Certain incident’s listed below do require mandatory police notification. Any offense after the 4th offense will be administrative discretion

Infraction	1st Offense	2nd Offense	3rd Offense	4th Offense
Repeated Level One behaviors	Administrative Warning	Parental Notification	In-School Detention	2 In School-Detentions
Inappropriate cell phone/electronic device use	Administrative Warning	Parental Notification	In-School Detention & Loss of Phone	2 In-School Detentions & Loss of Phone
Cheating/Plagiarism/ Academic Dishonesty *Student due process required for each suspected case.	Student/Teacher Conference	Student/Teacher/ Counselor Conference	Student/Teacher/Counselor and Parent Conference/possible loss of credit	Administrative Meeting/ISD
Defiance	Administrative Warning Or Counseling/Mediation	Parental Notification	In-School Detention	2 In School-Detentions
Vandalism	Administrative meeting with parent/guardian	1 Day OSS	2-4 Days OSS	Up to 9 Days OSS
Walking out of class	Administrative Warning Or Counseling/Mediation	In-School Detention	2 In School-Detentions	1 Day OSS
Repeated or extended classroom disruption	Student/Teacher/Counselor and Parent Conference	Administrative Warning	In-School Detention	2 In School-Detentions
Inciting inappropriate behaviors	Administrative Warning Or Counseling/Mediation	In-School Detention	2 In School-Detentions	1 Day OSS
Repeated profanity/vulgarity/racial slurs	In-School Detention and counseling	2 In-School Detentions And parental notification	1 Day OSS	2-4 Days OSS
Profanity towards a teacher	1 Day OSS	2-4 Days OSS parent conference/counseling	Up to 5 Days OSS parent conference/counseling	Up to 9 Days OSS
Refusal to attend/skip detention	Parental notification	2 In-School Detention And parental notification	1 Day OSS	2-4 Days OSS
Aggressive Behavior (Physical staff intervention required)	1 Day OSS	2-4 Days OSS	Up to 9 Days OSS	Up to 9 Days OSS
Gambling	Administrative Warning Or Counseling/Mediation	Administrative meeting with parent/guardian	In-School Detention	2 In School-Detentions
Physical Altercation	1 Day OSS	2-4 Days OSS	Up to 9 Days OSS	Superintendent Review
Minor theft less than $50	1 In-School Detention And parental notification/replace stolen item or money	2 In-School Detention And parental notification/replace stolen item or money	1 Day OSS/replace stolen item or money	2-4 Days OSS/replace stolen item or money
Property damage less than $100	1 In-School Detention And parental notification	2 In-School Detention And parental notification	1 Day OSS	2-4 Days OSS
Acceptable use violation	Administrative Warning	Administrative Warning and parental notification	1 In-School Detention And parental notification	2 In-School Detention And parental notification
Dress code violation	Administrative discretion including but not limited to: One In-school detention/Parent meeting/Change clothes if possible	Administrative discretion including but not limited to: One In-school detention/Parent meeting/Change clothes if possible	Administrative discretion including but not limited to: Two In-school detention/Parent meeting/Change clothes if possible	Administrative discretion including but not limited to: Two In-school detention/Parent meeting/Change clothes if possible
Cutting class	1 In-School Detention And parental notification	2 In-School Detention And parental notification	1 Day OSS	2-4 Days OSS
Out of assigned area	1 In-School Detention And parental notification	2 In-School Detention And parental notification	1 Day OSS	2-4 Days OSS
Leaving campus without permission	1 In-School Detention And parental notification	2 In-School Detention And parental notification	1 Day OSS	2-4 Days OSS

LEVEL THREE OFFENSES

*A discipline referral is needed for the following infractions. Based on the severity of the incident, the high school administration may refer the student directly to the Superintendent of Schools for formal Board of Education action. State law and BOE policies provide separate consequences for students who are found in possession of a gun, or firearm(s), on school property or at school sanctioned activities.

*Certain incidents listed below require mandatory police notification.

*The principal reserves the right to elevate any offense to a level 4 if appropriate.

*The principal may refer the matter to the Superintendent of Schools for review.

Infraction	1st Offense	2nd Offense	3rd Offense	4th Offense
Repeated level one and level two offenses	In-School Detention and counseling	2 In-School Detention And counseling	1 Day OSS	2-4 Days OSS
Insubordination	In-School Detention and counseling	2 In-School Detention And counseling	1 Day OSS	2-4 Days OSS
Extortion	2 In-School Detention And counseling	1 Day OSS	2-4 Days OSS	Up to 9 Days OSS
Fighting (no physical staff intervention)	2-4 Days OSS	3-5 Days OSS	5-10 Days OSS	Superintendent Review
Fighting physical staff intervention	3-5 Days OSS	5-10 Days OSS	Superintendent Review	Superintendent Review
Sexual activity/misconduct, vulgar, obscene gestures	2-4 Days OSS	3-5 Days OSS	5-10 Days OSS	Superintendent Review
Threatening students and staff	2-4 Days OSS	3-5 Days OSS	5-10 Days OSS	Superintendent Review
Inappropriate Physical Contact with staff (Ag/ Simple Assault)	3-5 Days OSS	5-10 Days OSS	Superintendent Review	Superintendent Review
Breaking and entering (burglary/Larceny) /Major Theft (greater than $50)	2-4 Days OSS	3-5 Days OSS	5-10 Days OSS	Superintendent Review
Bomb Threat	3-5 Days OSS	5-10 Days OSS	Superintendent Review	Superintendent Review
Drug and alcohol policy violation	2-4 Days OSS	3-5 Days OSS	5-10 Days OSS	Superintendent Review
Use/possession of alcohol, drugs, tobacco including vaping	2-4 Days OSS	3-5 Days OSS	5-10 Days OSS	Superintendent Review
Possession of Weapons	3-5 Days OSS	5-10 Days OSS	Superintendent Review	Superintendent Review
Trespassing	1-days OSS/Parent contact	2-days OSS/Parent contact	3-days OSS	Superintendent Review
Disorderly conduct	2-4 Days OSS	3-5 Days OSS	5-10 Days OSS	Superintendent Review
Assault	3-5 Days OSS	5-10 Days OSS	Superintendent Review	Superintendent Review
Graffiti	2-4 Days OSS	3-5 Days OSS	5-10 Days OSS	Superintendent Review
Hazing	3-5 Days OSS	5-10 Days OSS	Superintendent Review	Superintendent Review
HIB *HIB referrals will be handled by building level administration along with the Anti-bullying specialist	Restorative meeting with parent & counselor	-1 Day OSS -Parent conference with administration	-2 Days OSS -Parent conference with administration -I&RS Referral	3-5 Days OSS
Truancy *Review attendance policy	Administrative Warning	Administrative meeting with parent/guardian	In-School Detention	2 In School-Detentions
Late to school beyond 3 days *See late to school procedures	Administrative Warning	Administrative meeting with parent/guardian	In-School Detention	2 In School-Detentions

Code of Conduct District Policies

DATING VIOLENCE

The Board of Education policy 5519, supports a safe and civil environment in school, which is necessary for children to learn. A student who is a victim of dating violence suffers academically, and their safety at school is jeopardized. Acts or incidents of dating violence at school, whether verbal, sexual, physical, or emotional, will not be tolerated and will be addressed in accordance with the school’s code of conduct.

All school staff members—including administrative, instructional, support staff, and volunteers—shall take reasonable measures to prevent acts or incidents of dating violence at school involving students. All such acts or incidents must be reported to the Principal or their designee according to the guidelines outlined in Regulation 5519. A verbal report must be made to the Principal or designee as soon as possible, but no later than the end of the student's school day, when a staff member witnesses or learns of an incident of dating violence. Additionally, a written report detailing the act or incident must be submitted to the Principal or designee by the reporting staff member no later than one day after the occurrence.

School staff members are required to report all acts or incidents of dating violence at school they witness or upon receiving reliable information concerning acts or incidents of dating violence at school. Acts or incidents may include, but are not limited to: those characterized by physical, emotional, verbal, or sexual abuse; digital or electronic acts or incidents of dating violence; and/or patterns of behavior which are threatening or controlling.

The Board of Education, upon the recommendation of the Superintendent of Schools, shall adopt the guidelines and procedures outlined in Regulation 5519 for responding to acts or incidents of dating violence at school. The protocols outlined in Regulation 5519 have been established for any school staff member who witnesses or learns of an act or incident of dating violence at school and for school administrators to work with the victim and the aggressor of an act or incident of dating violence.

Dating violence statements and investigations shall be kept in files separate from pupil academic and discipline records to prevent the inadvertent disclosure of confidential information. Every act or incident of dating violence at school that is reported shall be documented in an appropriate manner. This should include statements, planning actions, and disciplinary measures as well as counseling and other support resources that are offered and prescribed to the victim or aggressor.

School administrators shall implement discipline and remedial procedures to address acts or incidents of dating violence at school consistent with the school’s pupil code of conduct. The policies and procedures specific to acts or incidents of dating violence at school shall be used to address the act or incident as well as serve as remediation, intervention, education, and prevention for all individuals involved. The responses shall be tiered with consideration given to the seriousness and the number of previous occurrences of acts or incidents in which both the victim and alleged aggressor have been involved.

Consequences may include, but are not limited to: admonishment, temporary removal from the classroom, classroom or administrative detention, in-school suspension, out-of-school suspension, reports to law enforcement, and/or expulsion. Retaliation towards the victim of any act or incident of dating violence shall be considered when administering consequences to the alleged aggressor based on the severity of the act or incident.

Remediation/intervention may include, but is not limited to: parent conferences, pupil counseling (all pupils involved in the act or incident), peer support groups, corrective instruction or other relevant learning or service experiences, supportive pupil interventions (Intervention and Referral Services - I&RS), behavioral management plans, and/or alternative placements.

A pattern of behaviors may be an important sign a pupil is involved in an unhealthy or abusive dating relationship. The warning signs listed in Regulation 5519 shall educate the school community on the characteristics that a pupil in an unhealthy or abusive relationship may exhibit. Many of these warning signs make a connection to one pupil in the relationship asserting control and power over the other. Recognizing one or more signs of teen dating violence plays an important role in preventing, educating, and intervening in acts or incidents of dating violence.

The Board of Education shall make available to pupils and their families information on safe, appropriate school, family, peer, and community resources available to address dating violence.

The Board of Education shall incorporate age-appropriate dating violence education in grades seven through twelve through the health education curriculum in alignment with the New Jersey Core Curriculum Content Standards for Comprehensive Health and Physical Education. The educational program shall include, but is not limited to, a definition of dating violence, recognizing the warning signs of dating violence, and the characteristics of healthy relationships.

Upon written request to the school Principal, a parent/legal guardian of a pupil less than eighteen years of age shall be permitted, within a reasonable period of time after the request is made, to examine the dating violence education instruction materials developed by the school district.

STUDENT ATTENDANCE

Students are expected to have full knowledge of the Mercer County Technical Schools Board of Education Policy on Student Attendance, 5200 which is pursuant to New Jersey Statutes Annotated Title 18A and Administrative Code, Chapter 6. The Board of Education has an obligation to require that the students enrolled in this district be present in school in order that they may receive proper instruction. This policy is for the benefit of the students, their parents/guardians and the community at large. The Board of Education believes attendance is important in order to provide the student with the maximum opportunity for acquiring the necessary technical skills and other learning experiences appropriate to each technical program. Attendance has a direct effect upon the accomplishments at the school as well as providing positive work habits necessary for securing future employment.

Students cannot exceed 18 unexcused absences during the school year.
Attendance in compliance with this policy is necessary for continuation in the program. Students who complete the first year of the program with a passing and/or less than 18 unexcused absences shall continue in the program unless a written recommendation with documented evidence to the contrary is submitted by the teacher to the Principal.
Attendance in compliance with this policy is required to achieve a Certificate of Achievement for both 1 and 2-year programs. Cosmetology students must earn a minimum of 1,000 instructional hours and a passing grade of 75% or above to be eligible for the State Boards.
The Principal or designee of each school shall require from the parent/guardian of each student (or the student if he/she is of age), a written statement of the reason for the absence. The Principal or designee shall take whatever means are necessary to assure the validity of all written reasons for absence.
All students absent, regardless of the reason, must complete assignments, which in the professional opinion of the teacher are necessary to insure the continuity of the instructional program.
Parent conferences may be scheduled when the Principal or designee detects potential student attendance problems.
Absences shall include the following:

State excused:

Religious holidays as defined by Title 18A:36-14 and approved by the State Board of Education

Excused absences with official documentation:

Illness/injuries verified by a physician
School activities as approved by the Principal or designee.
Doctor’s appointment
Funeral
College visit
Home school activity
Court attendance (if required)
Driver’s test

Unexcused:

Explained Absences without official documentation.
Parent note or phone call – while a parent call or note is appreciated, we cannot excuse an absence without official documentation listed above.

Attendance Appeal:

Students have the right to submit an attendance appeal, if they lose credit in a course/courses, due to exceeding the allowable limit (18). Appeals must be initiated by a student on the student appeal form.
All required documents must be submitted to the attendance appeals committee for review. The point of contact for the student is the Assistant Principal
The first level review will be completed by the attendance appeals committee. If the appeal is denied, the student has the right to a second level appeal with the building principal.

Late to School Procedures:

For students arriving late, they must report to the main office or they will be reported absent.

Shared-Time/Academy AM Session: 8:00-10:30 a.m.

Block 1: 8:00-9:20 a.m.

Block 2: 9:22-10:42 a.m.

Shared-Time/Academy PM Session: 11:45-2:30

Block 3: 11:48 a.m-1:08 p.m.

Block 4: 1:10-2:30 p.m.

Lateness/tardiness will be considered either excused or unexcused.

ACADEMIC INTEGRITY/PLAGIARISM

Based on MCTS policy 5701, students caught cheating may be referred to the Principal and Supervisor’s office for possible disciplinary action. Students will be provided due process for an alleged academic integrity violation. Whenever a student is given an assignment where information must be copied, credit to the source or author must be given. Copying without due credit is plagiarism, which in addition to possibly being a disciplinary offense, could affect the grade considerably.

SUBSTANCE ABUSE

Based on MCTS policy 5530, the board regards the possession, sale and consumption of illegal drugs, narcotics, alcohol and/or controlled dangerous substances as a grave matter and therefore, prohibited on all school system property (owned, rented or leased). The Board also recognizes the existing drug and alcohol abuse problem in society and is aware of the school district’s role in helping students and their families to secure necessary assistance. The Board further recognizes its responsibility to cooperate with law enforcement authorities in planning and conducting law enforcement activities and operations on school property. The Board shall, therefore, establish a formal Memorandum of Agreement with the appropriate law enforcement authorities and set forth the following policies and procedures after consultation with the County Prosecutor and approval by the County Superintendent of Schools. The Memorandum of Agreement shall be consistent with the School Zone Enforcement Code (N.J.A.C. 6:3-6.1-6.6), Statewide Action Plan for Narcotics Enforcement and the Attorney General’s Executive Directive 1988.1. It is the policy of the Board that the administration takes the action specified in this policy for violations involving drugs, narcotics, alcohol, and/or controlled dangerous substances. Per Board of Education Policy 5530 and N.J.A.C. 6A:16-6.3(a), the Superintendent and/or designee will notify the appropriate law enforcement agency.

The Principal or his/her designee shall immediately notify the parent or guardian and the Chief School Administrator and arrange for an immediate examination of the student. The examination may be performed by a physician selected by the parent or guardian. If the chosen physician is not immediately available, the examination shall be conducted by the medical inspector of the sending district or, if the medical inspector of the sending district is not available, the student shall be accompanied by a member of the school staff, designated by the Principal, to the emergency room of the nearest hospital for examination. If available, a parent or guardian should also accompany the student. If the student is in possession of alcohol, illegal drugs or steroids or prescription pills (which must be signed in to the Nurse if required by physician for a student), law enforcement will be notified.
If, at the request of the parent or legal guardian, the medical examination is conducted by a physician other than the medical inspector, such an examination shall not be at the expense of the district board of education.
A written report of the medical examination shall be furnished to the parent or guardian of the student, the Principal and the Chief School Administrator by the examining physician within 24 hours.
If the written report of the medical examination is not submitted to the parent or guardian, Principal and Chief School Administrator within 24 hours, the student shall be allowed to return to school until such time as a positive diagnosis of alcohol or other drug use is received.
If there is a positive diagnosis from the medical examination indicating that the student is under the influence of alcohol or other drugs, the student shall be suspended from school for a period of up to ten (10) days and/or in accordance with the sending district. Attendance at school shall not be resumed until a written report has been submitted to the Principal and Chief School Administrator from a physician who has examined the student to diagnose alcohol or other drug use. The report shall certify that a substance no longer interferes with the student’s physical and mental ability to perform in school. In addition, the staff member shall complete the Violence, Vandalism and Substance Abuse Incident Report.
Refusal or failure by a parent to comply with the provisions of N.J.S.A.18A:40A–12 shall be deemed a violation of the compulsory education (N.J.S.A. 18A:38–25 and 18A:38–31) and/or child neglect (N.J.S.A. 9:6–1 et seq.) laws.
While the student is at home because of the medical examination or after his or her return to school, the school may require additional evaluation for the purpose of determining the extent of the student’s alcohol or other drug use and its effect on his or her school performance.

INSTANCES INVOLVING ANABOLIC STEROIDS

Whenever any teaching staff member, School Nurse or other educational personnel shall have reason to believe that a student has used or may be using anabolic steroids, that teaching staff member, School Nurse or other educational personnel shall report the matter as soon as possible to the Principal or, in his/her absence, to his or her designee.
The Principal or his/her designee shall immediately notify the parent or guardian and the Superintendent of Schools and shall arrange for an examination of the student by a doctor selected by the parent or guardian, the sending district's designated physician, or the emergency room. The student shall be examined immediately for the purpose of diagnosing whether or not the student has been using anabolic steroids.
A written report of that examination shall be furnished by the examining physician to the parent or guardian of the student and to the Superintendent of Schools.
If it is determined that the student has been using anabolic steroids, the student should be referred to his/her sending school district’s substance awareness coordinator.

VIOLATIONS NOT RELATED TO SCHOOL

A student apprehended for the abuse of illegal drugs, narcotics, alcohol and/or controlled dangerous substances while off the grounds and before or after school hours will normally be permitted to continue attending classes pending disposition of his/her case in court.
The law enforcement authorities shall be requested to notify school officials of the nature of the charges and of the disposition. The Principal shall have responsibility for follow-up on the disposition of the criminal charges. The district reserves the right to take appropriate action following disposition of the criminal charges, consistent with the educational needs of the student and the district as a whole.

SELLING OR PROVIDING OTHERS WITH ILLEGAL DRUGS, NARCOTICS, ALCOHOL AND/OR CONTROLLED DANGEROUS SUBSTANCES

The Principal/Supervisor shall follow all of the procedures as outlined in the Board’s “Agreement between Education and Law Enforcement Agencies.” This agreement has been established with the Hamilton Township/Hopewell Township Police Department.

NON-STUDENT VIOLATION

Any non–student in a school building or on school property who is found possessing, selling, consuming or under the influence of illegal drugs, narcotics, alcohol, and/or controlled dangerous substances at any time shall be reported to the Principal and/or designee who shall immediately report the incident to the law enforcement authorities and to the Superintendent.

ANNUAL REVIEW AND AVAILABILITY

Policies and procedures designed to control illegal drugs, narcotics, alcohol, and controlled dangerous substances shall be reviewed annually by both internal and external community groups such as the safety committee, the general advisory committee, and the parents’ association.
Procedures for illegal drugs, narcotics, alcohol, and controlled dangerous substances shall be published annually in both the staff manual and student handbook.

IN-SERVICE TRAINING

The Chief School Administrator will ensure that all district employees receive annual in-service training to make them aware of their responsibilities in accordance with Board policies and N.J.A.C. 6:3–6.3 et. seq.

SMOKING

The Board of Education policy 5533, recognizes that smoking represents a health and safety hazard which can have serious consequences for the smoker and nonsmoker and the safety of the school district. In order to protect the students, staff, employees, visitors and guests of the school district from an environment that may be harmful to them, and because of its possible harm to personal well being, the Board of Education hereby prohibits smoking by all students, employees, visitors, or guests in all school buildings and within the boundaries of school district property during the school day in accordance with 18A: 20-34. Students are not permitted to leave school and trespass on neighboring property to smoke. Students are not permitted to use “electronic smoking devices” on school grounds or neighboring properties. In accordance with board policy, as well as New Jersey Administrative Code 6A:16, any student that is caught vaping or is in possession of any vaping related paraphernalia, will be screened by the school nurse and sent out for an immediate medical examination and drug screening. New Jersey State Laws: on January 11, 2010, New Jersey Governor Corzine signed into law A4227/4228 which bans the use of “electronic smoking devices” in public places and workplaces (amended the 2006 NJ Smoke Free Air Act) and bans the sale of electronic smoking devices to persons 18 years and younger.

SEARCH AND SEIZURE

Board of Education policy 5770, provides guidance for that Interrogations, investigations, search and seizure, and locker searches will follow due process procedures. When a school official has reasonable suspicion to believe that students possess evidence (pursuant to N.J. Statutes 18A/36–19.2) of illegal activity or of an activity that would interfere with school discipline and order, the school official has the right to conduct a reasonable search for such evidence.

ACCEPTABLE USE POLICY

The AUP, policy 2361 protects students, staff and school districts from unsafe materials as well as from potential fraud and data theft. The adopted Mercer County Technical Schools AUP for staff and students will be provided and explained to each student. The Mercer County Technical Schools AUP is in compliance with the following:

Protecting Children in the 21st Century Act (Title II of the Broadband Data Information Act) The Children in the 21st Century Act requires that school districts include a plan for educating students about appropriate online behavior, netiquette, internet privacy, and cyber bullying awareness.
Children’s Internet Protection Act (CIPA) CIPA requires schools and libraries to certify that they have an internet safety policy that includes technology measures to protect students’ privacy and safety.
Mercer County Technical Schools Policy #2361 Acceptable Use of Computer Networks/Computers and Resources and N.J.S.A. 2A:38A-3. The AUP form must be signed by parent/guardian and student and will be kept on file. An unsatisfactory conduct report will be filed for students accessing sites that are deemed inappropriate.

HARASSMENT, INTIMIDATION & BULLYING (HIB)

The Board of Education prohibits acts of harassment, intimidation, or bullying of a student, which is outlined in policy 5512. The Board has determined that a safe and civil environment in school is necessary for students to learn and achieve high academic standards; harassment, intimidation, or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its students in a safe and disciplined environment. Since students learn by example, school administrators, faculty, staff, and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying.

For the purposes of this Policy, the term "parent," pursuant to N.J.A.C. 6A:16-1.3, means the natural parent(s); adoptive parent(s); legal guardian(s); resource family parent(s); or parent surrogate(s) of a student. When parents are separated or divorced, "parent" means the person or agency which has legal custody of the student, as well as the natural or adoptive parent(s) of the student, provided parental rights have not been terminated by a court of appropriate jurisdiction.

Definition of Harassment, Intimidation, or Bullying:

Harassment, intimidation, or bullying” means any gesture, any written, verbal or physical act, or any electronic communication, as defined in N.J.S.A. 18A:37-14, whether it be a single incident or a series of incidents that:

Is reasonably perceived as being motivated by either 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;
Takes place on school property, at any school-sponsored function, on a school bus, or off school grounds, as provided for in N.J.S.A. 18A:37-15.3;
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, that the act(s) 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 their person or damage to their property; or
Has the effect of insulting or demeaning any student or group of students; or
Creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student.

The Board recognizes that bullying is unwanted, aggressive behavior that may involve a real or perceived power imbalance. Recognizing “a real or perceived power imbalance” may assist school officials in identifying harassment, intimidation, or bullying within the context and relative positions of the alleged aggressor and target.

“Electronic communication” means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or remotely activating paging device (N.J.A.C. 6A:16-1.3).

In accordance with the Board of Education’s Code of Student Conduct and this Policy, all acts of harassment, intimidation, or bullying that occur off school grounds, such as “cyber-bullying” (e.g: The use of electronic means to harass, intimidate, or bully) is addressed in this Policy.

The Board of Education expects students to conduct themselves in keeping with their levels of development, maturity, and demonstrated capabilities, with a proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities and the care of school facilities and equipment, consistent with the Code of Student Conduct. The Board believes that standards for student behavior must be set cooperatively through interaction among the parents and other community representatives, school administrators, school employees, school volunteers, and students of the school district, producing an atmosphere that encourages students to grow in self-discipline. The development of this atmosphere requires respect for self and others, as well as for school district and community property on the part of students, staff, and community members.

Students are expected to behave in a way that creates a supportive learning environment. The Board of Education believes the best discipline is self-imposed, and that it is the responsibility of staff to use instances of violations of the Code of Student Conduct as opportunities for helping students learn to assume and accept responsibility for their behavior and the consequences of their behavior. Staff members who interact with students shall apply best practices designed to prevent student conduct problems and foster students’ abilities to grow in self-discipline.

The Board of Education expects students will act in accordance with the student behavioral expectations and standards regarding harassment, intimidation, or bullying, including:

Student responsibilities (e.g., requirements for students to conform to reasonable standards of socially accepted behavior; respect the person, property, and rights of others; obey constituted authority; and respond to those who hold that author;
Appropriate recognition for positive reinforcement for good conduct, self-discipline, and good citizenship;
Student rights; and
Sanctions and due process for violations of the Code of Student Conduct.

Pursuant to N.J.S.A. 18A:37-15(a) and N.J.A.C. 6A:16-7.1(a) 1, the district has involved a broad-base of school and community members, including parents, school employees, volunteers, students, and community representatives in the development of this Policy.

Pursuant to N.J.A.C. 6A:16-7.1, the Board developed guidelines for student conduct, taking into consideration the nature of the behavior; the nature of the student’s disability, if any and to the extent relevant; the developmental ages of students; severity of the offenses and students’ histories of inappropriate behaviors; and the mission and physical facilities of the individual school(s) in the district. This Policy requires all students in the district to adhere to the rules established by the school district and to submit to the remedial and consequential measures that are appropriately assigned for infractions of these rules.

Pursuant to N.J.A.C. 6A:16-7.1, the Superintendent shall annually provide to students and their parents the rules of the district regarding student conduct. Provisions shall be made for informing parents whose primary language is other than English.

Consequences and remedial actions:

The Board of Education requires its school administrators to implement procedures that ensure both the appropriate consequences and remedial responses for students who commit one or more acts of harassment, intimidation, or bullying, consistent with the Code of Student Conduct, and the consequences and remedial responses for staff members who commit one or more acts of harassment, intimidation, or bullying. In every incident found to be harassment, intimidation, or bullying, the school Principal, in consultation with appropriate school staff, may apply disciplinary consequences and/or remedial actions, such as the provision of counseling, behavioral interventions, or other measures.

Appropriate consequences and remedial actions are those that are graded according to the severity of the offenses; consider the developmental ages of the student offenders; the nature of the student’s disability, if any and to the extent relevant; and the students’ histories of inappropriate behaviors, per the Code of Student Conduct and N.J.A.C. 6A:16-7. The following factors, at a minimum, shall be given full consideration by the school administrators in the implementation of appropriate consequences and remedial measures for each act of harassment, intimidation, or bullying by students.

Factors that could determine consequences:

Age, disability (if any and to the extent relevant), developmental and maturity levels of the parties involved and their relationship to the school district;
Degrees of harm;
Surrounding circumstances;
Nature and severity of the behaviors;
Incidences of past or continuing patterns of behavior;
Relationships between the parties involved; and
Context in which the alleged incidents occurred.

Factors that could determine remedial measures:

Life skill deficiencies; Social relationships;
Strengths;
Talents;
Traits;
Interests;
Hobbies;
Extra-curricular activities;
Classroom participation;
Academic performance;
Relationship to peers; and
Relationship between student/family and the school district.
School culture/climate;
Student-staff relationships and staff behavior toward the student;
General staff management of classrooms or other educational environments;
Staff ability to prevent and manage difficult or inflammatory situations;
Availability of programs to address student behavior;
Social-emotional and behavioral supports;
Social relationships;
Community activities;
Neighborhood situation; and
Family situation.

Consequences and appropriate remedial actions for a student or staff member who commits one or more acts of harassment, intimidation, or bullying may range from positive behavioral interventions up to and including suspension or expulsion of students, as set forth in the Board's approved Code of Student Conduct, pursuant to N.J.A.C. 6A:16-7.1.

The Principal, in consultation with appropriate school staff, shall develop an individual student intervention plan when a student is found to be an offender in three harassment, intimidation, or bullying incidents and each subsequent incident occurring within one school year. The student intervention plan may include disciplinary consequences and/or remedial actions and may require the student, accompanied by a parent, to satisfactorily complete a class or training program to reduce harassment, intimidation, or bullying behavior. Each student intervention plan must be approved by the Superintendent.

While the majority of incidents may be addressed solely by school officials, the Superintendent or designee and the Principal shall report a harassment, intimidation, or bullying incident to law enforcement officials if the conduct rises to the level of a mandatory report as outlined in the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials.

Consequences and appropriate remedial actions (Adults):

The district will also impose appropriate consequences and remedial actions to an adult who commits an act of harassment, intimidation, or bullying of a student. The consequences may include, but not be limited to: verbal or written reprimand; increment withholding; legal action; disciplinary action; termination; and/or bans from providing services, participating in school district-sponsored programs, or being in school buildings or on school grounds. Remedial measures may include, but not be limited to: in or out-of-school counseling, professional development programs, and work environment modifications.

Reporting Harassment, Intimidation, or Bullying:

The Board of Education requires the Principal at each school to be responsible for receiving all complaints alleging harassment, intimidation, or bullying committed by an adult or youth against a student. All Board members, school employees, and volunteers and contracted service providers who have contact with students, are required to verbally report alleged acts of harassment, intimidation, or bullying to the Principal or designee on the same day when the individual witnessed or received reliable information regarding any such incident. All Board members, school employees, and contracted service providers who have contact with students, also shall submit a New Jersey Department of Education-approved HIB 338 Form to the Principal within two school days of the verbal report. Failure to make the required report(s) may result in disciplinary action. The HIB 338 Form shall be kept on file at the school, but shall not be included in any student record unless the incident results in disciplinary action or is otherwise required to be contained in a student’s record under State or Federal Law.

The district may not fail to initiate an investigation of harassment, intimidation, or bullying solely because written documentation was not provided. Failing to conduct a harassment, intimidation, or bullying investigation solely because a parent or student did not submit written documentation violates the Anti-Bullying Bill of Rights Act and this Policy. If a parent makes a verbal allegation of harassment, intimidation, or bullying to a district staff member, but does not complete and submit the HIB 338 Form, the staff member or a designee must complete and submit the HIB 338 Form.

The Principal or designee is required to inform the parents of all students involved in alleged incidents, and, as appropriate, may discuss the availability of counseling and other intervention services. Pursuant to N.J.A.C. 6A:16-7.7(a)2.viii.(2), when providing notification to the parents of all students involved, the Principal or designee shall take into account the circumstances of the incident when conveying the nature of the incident, including the actual or perceived category motivating the alleged offense. The Principal or designee shall keep a written record of the date, time, and manner of notification to the parents.

The Principal, upon receiving a verbal or written report, may take interim measures to ensure the safety, health, and welfare of all parties pending the findings of the investigation. Students, parents, and visitors are encouraged to report alleged acts of harassment, intimidation, or bullying to the Principal or designee on the same day when the individual witnessed or received reliable information regarding any such incident. The school district shall provide a person an online means to complete the HIB 338 Form to anonymously report an act of harassment, intimidation, or bullying. Formal action for violations of the Code of Student Conduct may not be taken solely on the basis of an anonymous report. A Board member or school employee who promptly reports an incident of harassment, intimidation, or bullying and who makes this report in compliance with the procedures set forth in this Policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident. The Principal shall promptly submit a copy of each completed HIB 338 Form to the Superintendent.

The district may consider every mechanism available to simplify reporting, including standard reporting forms and/or web-based reporting mechanisms. For anonymous reporting, in addition to making the HIB 338 Form available online, the district may consider locked boxes located in areas of a school where reports can be submitted without fear of being observed.

A school administrator who receives a report of harassment, intimidation, or bullying or who determines a reported incident or complaint, assuming all facts presented are true, is a report within the scope of N.J.S.A. 18A:37-14 and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying, may be subject to disciplinary action. The district also should consider procedures and disciplinary action when it is found that someone had information regarding a harassment, intimidation, or bullying incident, but did not make the required report(s).

Anti-Bullying Coordinator, Anti-Bullying Specialist, and School Safety/School Climate Team(s):

The Board of Education shall appoint a district Anti-Bullying Coordinator. The district Anti-Bullying Coordinator shall:

Coordinate and strengthen the school district’s policies to prevent, identify, and address harassment, intimidation, or bullying of students;

Collaborate with school Anti-Bullying Specialists in the district, the Board of Education, and the Superintendent to prevent, identify, and respond to harassment, intimidation, or bullying of students in the district;

Provide data, in collaboration with the Superintendent, to the Department of Education regarding harassment, intimidation, or bullying of students;

Execute such other duties related to school harassment, intimidation, or bullying as requested by the Superintendent; and

Meet at least twice a school year with the school Anti-Bullying Specialist(s) to discuss and strengthen procedures and policies to prevent, identify, and address harassment, intimidation, or bullying in the district.

The Principal in each school shall appoint a school Anti-Bullying Specialist. The Anti-Bullying Specialist shall be a guidance counselor, school psychologist, or other certified staff member trained to be the Anti-Bullying Specialist from among the currently employed staff in the school. The school Anti-Bullying Specialist shall:

Chair the School Safety/School Climate Team as provided in N.J.S.A. 18A:37-21;

Lead the investigation of incidents of harassment, intimidation, or bullying in the school; and

Act as the primary school official responsible for preventing, identifying, and addressing incidents of harassment, intimidation, or bullying in the school.

A School Safety/School Climate Team shall be formed in each school in the district to develop, foster, and maintain a positive school climate by focusing on the on-going systemic operational procedures and educational practices in the school, and to address issues such as harassment, intimidation, or bullying that affect school climate and culture. Each School Safety/School Climate Team shall meet, at a minimum, two times per school year. The School Safety/School Climate Team shall consist of the Principal or the Principal’s designee who, if possible, shall be a senior administrator in the school and the following appointees of the Principal: a teacher in the school; a school Anti-Bullying Specialist; a parent of a student in the school; and other members to be determined by the Principal. The ABS shall serve as the chair of the School Safety/School Climate Team. The School Safety/School Climate Team shall:

Receive records of all complaints of harassment, intimidation, or bullying of students that have been reported to the Principal;

Receive copies of all reports prepared after an investigation of an incident of harassment, intimidation, or bullying;

Identify and address patterns of harassment, intimidation, or bullying of students in the school;

Review and strengthen school climate and the policies of the school in order to prevent and address harassment, intimidation, or bullying of students;

Educate the community, including students, teachers, administrative staff, and parents, to prevent and address harassment, intimidation, or bullying of students;

Participate in the training required pursuant to the provisions of N.J.S.A. 18A:37-13 et seq. and other training which the Principal or the district Anti-Bullying Coordinator may request. The School Safety/School Climate Team shall be provided professional development opportunities that may address effective practices of successful school climate programs or approaches; and

Execute such other duties related to harassment, intimidation, or bullying as requested by the Principal or district Anti-Bullying Coordinator.

Notwithstanding any provision of N.J.S.A. 18A:37-21 to the contrary, a parent who is a member of the School Safety/School Climate Team shall not participate in the activities of the team set forth above or any other activities of the team which may compromise the confidentiality of a student, consistent with, at a minimum, the requirements of the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232 and 34 CFR Part 99), N.J.A.C. 6A:32-7, Student Records and N.J.A.C. 6A:14-2.9, Student Records.

Investigating Allegations of Harassment, Intimidation, or Bullying:

The Board of Education requires a thorough and complete investigation to be conducted for each report of an alleged incident of harassment, intimidation, or bullying. All details of an alleged incident must be populated into the HIB 338 Form. However, completing the form shall not delay beginning the investigation in accordance with the law. The HIB 338 Form shall be kept on file at the school and will only be added to a student record if the alleged incident is founded, disciplinary action is imposed or is otherwise required to be contained in a student’s record under State or Federal law.

The investigation shall be initiated by the Principal or designee within one school day of the verbal report of the incident. The investigation shall be conducted by the school anti-bullying specialist appointed by the Principal. The Principal may appoint additional personnel who are not school anti-bullying specialists to assist the school anti-bullying specialist in the investigation. Investigations of complaints concerning adult conduct shall not be investigated by a member of the same bargaining unit as the individual who is the subject of the investigation. The anti-bullying specialist may not participate in an investigation regarding their supervisor or staff at a higher administrative level.

The investigation shall be completed, and the written findings submitted to the Principal as soon as possible, but not later than ten school days from the date of the written report of the alleged incident of harassment, intimidation, or bullying or from the date of the written notification from the Superintendent to the Principal to initiate an investigation. Should information regarding the reported incident and the investigation be received after the end of the ten-day period, the school anti-bullying specialist or the Principal shall amend the original report of the results of the investigation to ensure there is an accurate and current record of the facts and activities concerning the reported incident.

The Principal shall proceed in accordance with the Code of Student Conduct, as appropriate, based on the investigation findings. The Principal shall submit the report to the Superintendent within two school days of the completion of the investigation and in accordance with the Administrative Procedures Act (N.J.S.A. 52:14B-1 et seq.). As appropriate to the findings from the investigation, the Superintendent shall ensure the Code of Student Conduct has been implemented and provide intervention services; order counseling; establish training programs to reduce harassment, intimidation, or bullying and enhance school climate; or take or recommend other appropriate action, including seeking further information as necessary.

The Superintendent shall report the results of each investigation to the Board no later than the date of the regularly scheduled Board meeting following the completion of the investigation. The Superintendent’s report also shall include information on any consequences imposed under the Code of Student Conduct; intervention services provided; counseling ordered; training established; or other action taken or recommended by the Superintendent.

Parents of students who are parties to the investigation shall be provided with information about the investigation, in accordance with Federal and State law and regulation. The information to be provided to parents includes the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether consequences were imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within five school days after the results of the investigation are reported to the Board. The district may not divulge personally identifying information or any information that could result in the identification of any student other than the child of the parents being notified.

18A:37-15b(6)(d), must be filed with the Board Secretary no later than sixty calendar days after the written information is received by the parents. The hearing shall be held within ten business days of the request. Prior to the hearing, the Superintendent shall confidentially share a redacted copy of the HIB 338 Form that removes all student identification information with the Board. The Board shall conduct the hearing in executive session, pursuant to the Open Public Meetings Act (N.J.S.A. 10:4.1 et seq.), to protect the confidentiality of the students. At the hearing, the Board may hear testimony from and consider information provided by the school anti-bullying specialist and others, as appropriate, regarding the alleged incident; the findings from the investigation of the alleged incident; recommendations for consequences or services; and any programs instituted to reduce such incidents, prior to rendering a determination.

At the regularly scheduled Board meeting following its receipt of the report or following a hearing in executive session, the Board shall issue a decision, in writing, to affirm, reject, or modify the Superintendent’s decision. The Board’s decision may be appealed to the Commissioner of Education, in accordance with N.J.A.C. 6A:3, no later than ninety days after the issuance of the Board’s decision.

A school administrator who receives a report of harassment, intimidation, or bullying, or who determines a reported incident or complaint, assuming all facts presented are true, is a report within the scope of N.J.S.A. 18A:37-14 and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate harassment, intimidation, or bullying, may be subject to disciplinary action.

The Board also requires the thorough investigation of complaints or reports of harassment, intimidation, or bullying, occurring on district school buses, at district school-sponsored functions, and off school grounds involving a student who attends an approved private school for students with disabilities. The investigation will be conducted by the Board’s anti-bullying specialist in consultation with the approved private school for students with disabilities.

Prior to initiating an investigation regarding a reported incident or complaint, the Principal or designee, in consultation with the anti-bullying specialist, shall make a preliminary determination as to whether a reported incident or complaint, assuming all facts are presented as true, is a report within the scope of N.J.S.A. 18A:37-14.

Should the Principal or designee, in consultation with the anti-bullying specialist, determine that a reported incident or complaint, assuming all facts presented are true, is not a report within the scope of N.J.S.A. 18A:37-14, the incident will be addressed through the Board’s Code of Student Conduct policy. The HIB 338 Form shall be completed, even if a preliminary determination is made not to conduct an investigation of harassment, intimidation, or bullying because the reported incident or complaint is a report outside the scope of the definition of harassment, intimidation, or bullying, and must be submitted to the Superintendent. The Principal will provide the parents of the alleged offender(s) and victim(s) with formal notice of the decision not to initiate a harassment, intimidation, or bullying investigation.

The HIB 338 Form shall be kept on file at the school and will only be added to a student record if the alleged incident is founded, disciplinary action is imposed or is otherwise required to be contained in a student’s record under State or Federal law.

The Superintendent may require the Principal to conduct a harassment, intimidation, or bullying investigation of the incident if the Superintendent determines that the incident is within the scope of harassment, intimidation, or bullying and shall notify the Principal of this determination in writing. Should the Superintendent require the Principal to conduct a harassment, intimidation, or bullying investigation, the Principal will immediately initiate an investigation of harassment, intimidation, or bullying by referring the matter to the school anti-bullying specialist.

Additionally, any preliminary determination that finds the incident or complaint is a report outside the scope of N.J.S.A. 18A:37-14 may be appealed to the Board, pursuant to the Board policies and procedures governing student grievances, and thereafter to the Commissioner (N.J.A.C. 6A:16-7.7(a)ix(1) and (a)ix(1)(A)). Should the preliminary determination not to conduct an investigation of harassment, intimidation, or bullying be overturned, the Principal will immediately initiate an investigation of harassment, intimidation, or bullying by referring the matter to the school anti-bullying specialist.

The Board requires a thorough and complete investigation to be conducted for each reported incident or complaint, assuming all facts presented are true, that is determined to be a report within the scope of N.J.S.A. 18A:37-14. The investigation shall be initiated by the Principal or designee within one school day of the verbal report of the incident. The investigation shall be conducted by the school anti-bullying specialist appointed by the Principal. The Principal may appoint additional personnel who are not school anti-bullying specialists to assist the school anti-bullying specialist in the investigation. Investigations of complaints concerning adult conduct shall not be investigated by a member of the same bargaining unit as the individual who is the subject of the investigation. The anti-bullying specialist may not participate in an investigation regarding their supervisor or staff at a higher administrative level.

The investigation shall be completed, and the written findings submitted to the Principal as soon as possible, but not later than ten school days from the date of the written report of the alleged incident of harassment, intimidation, or bullying or ten school days from the date of the written notification from the Superintendent to the Principal to initiate an investigation. Should information regarding the reported incident and the investigation be received after the end of the ten-day period, the school anti-bullying specialist or the Principal shall amend the original report of the results of the investigation to ensure there is an accurate and current record of the facts and activities concerning the reported incident.

The Principal shall proceed in accordance with the Code of Student Conduct, as appropriate, based on the investigation findings. The Principal shall submit the report to the Superintendent within two school days of the completion of the investigation and in accordance with the Administrative Procedures Act (N.J.S.A. 52:14B-1 et seq.). As appropriate to the findings from the investigation, the Superintendent shall ensure the Code of Student Conduct has been implemented and provide intervention services, order counseling, establish training programs to reduce harassment, intimidation, or bullying and enhance school climate, or take or recommend other appropriate action, including seeking further information as necessary.

The Superintendent shall report the results of each investigation to the Board no later than the date of the regularly scheduled Board meeting following the completion of the investigation. The Superintendent’s report also shall include information on any consequences imposed under the Code of Student Conduct, intervention services provided, counseling ordered, training established or other action taken or recommended by the Superintendent.

Parents of the students who are parties to the investigation shall be provided with information about the investigation, in accordance with Federal and State law and regulation. The information to be provided to parents includes the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether consequences were imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within five school days after the results of the investigation are reported to the Board.

A parent may request a hearing before the Board after receiving the information. Any request by the parents for a hearing before the Board concerning the written information about a harassment, intimidation, or bullying investigation, pursuant to N.J.S.A.18A:37-15(b)(6)(d), must be filed with the Board Secretary no later than sixty calendar days after the written information is received by the parents. The hearing shall be held within ten business days of the request. Prior to the hearing, the Superintendent shall confidentially share a redacted copy of the HIB 338 Form that removes all student identification information with the Board.

The Board shall conduct the hearing in executive session, pursuant to the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.), to protect the confidentiality of the students. At the hearing, the Board may hear testimony from and consider information provided by the school anti-bullying specialist and others, as appropriate, regarding the alleged incident; the findings from the investigation of the alleged incident; recommendations for consequences or services; and any programs instituted to reduce such incidents, prior to rendering a determination.

A school administrator who receives a report of harassment, intimidation, or bullying and fails to initiate or conduct an investigation, or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying, may be subject to disciplinary action.

The Board also requires the thorough investigation of complaints or reports of harassment, intimidation, or bullying, occurring on district school buses, at school-sponsored functions, and off school grounds involving a student who attends an approved private school for students with disabilities. The investigation will be conducted by the Board’s anti-bullying specialist in consultation with the approved private school for students with disabilities.]

Responding to Harassment, Intimidation, or Bullying:

The Board of Education authorizes the Principal of each school to define the range of ways in which school staff will respond once an incident of harassment, intimidation, or bullying is confirmed, and the Superintendent shall respond to confirmed harassment, intimidation, or bullying, according to the parameters described below and in this Policy. The Board recognizes that some acts of harassment, intimidation, or bullying may be isolated incidents requiring that the school officials respond appropriately to the individual(s) committing the acts. Other acts may be so serious or part of a larger pattern of harassment, intimidation, or bullying that they require a response either at the classroom, school building, or school district levels or by law enforcement officials. Consequences and appropriate remedial actions for a student who commits an act of harassment, intimidation, or bullying may range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A:37, Discipline of Pupils and as set forth in N.J.A.C. 6A:16-7.2, Short-term suspensions, N.J.A.C.6A:16-7.3, Long-term suspensions, and N.J.A.C. 6A:16-7.4, Expulsions.

In considering whether a response beyond the individual is appropriate, school officials shall consider the nature and circumstances of the act; the degree of harm; the nature and severity of the behavior; past incidences or past or continuing patterns of behavior; and the context in which the alleged incident(s) occurred. Institutional (i.e., classroom, school building, school district) responses can range from school and community surveys, to mailings, to focus groups, to adoption of research-based harassment, intimidation, or bullying prevention program models, to training for certificated and non-certificated staff, to participation of parents and other community members and organizations, to small or large group presentations for fully addressing the actions and the school’s response to the actions, in the context of the acceptable student and staff member behavior and the consequences of such actions, and to the involvement of law enforcement officers, including safe schools resource officers.

This Policy and the Code of Student Conduct shall apply to instances when a school employee is made aware of alleged harassment, intimidation, or bullying occurring off school grounds. For every incident of harassment, intimidation, or bullying, the school officials must respond appropriately to the individual who committed the act. The range of responses to confirmed harassment, intimidation, or bullying acts should include individual, classroom, school, or district responses, as appropriate to the findings from each incident. Examples of responses that apply to each of these categories are provided below:

Individual responses can include positive behavioral interventions (e.g., peer mentoring, short-term counseling, life skills groups) and punitive actions (e.g., detention, in-school or out-of-school suspension, expulsion, law enforcement report or other legal action)
Classroom responses can include class discussions about an incident of harassment, intimidation, or bullying, role plays, research projects, observing and discussing audio-visual materials on these subjects, and skill-building lessons in courtesy, tolerance, assertiveness, and conflict management.
School responses can include theme days, learning station programs, parent programs, and information disseminated to students and parents, such as fact sheets or newsletters explaining acceptable uses of electronic and wireless communication devices or strategies for fostering expected student behavior.
District-wide responses can include community involvement in policy review and development; professional development programs; adoption of curricular and school-wide programs, coordination with community-based organizations (e.g. mental health, health services, health facilities, law enforcement officials, faith-based organizations);, and disseminating information on the core ethical values adopted by the Board’s Code of Student Conduct, per N.J.A.C.6A:16-7.1(a)2. In providing support for victims of harassment, intimidation, or bullying, the district should identify a range of strategies and resources, which may include, but is not limited to, the following actions for individual victims:

Counseling;
Teacher Aides;
Hallway and playground monitors;
Schedule changes;
Before and after school supervision;
School transportation supervision;
School transfers; and
Therapy.

Reprisal or Retaliation:

The Board of Education prohibits a Board member, school employee, contracted service provider who has contact with students, school volunteer, or student from engaging in reprisal, retaliation, or false accusation against a victim, witness, or any other person who has reliable information about an act of harassment, intimidation, or bullying or who reports an act of harassment, intimidation, or bullying. The consequence and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity, and circumstances of the act, in accordance with case law, Federal and State statutes and regulations, and district policies and procedures.

False Accusations of Harassment, Intimidation, or Bullying:

The Board of Education prohibits any person from falsely accusing another as a means of harassment, intimidation, or bullying.

Students- Consequences and appropriate remedial action for a student could range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A:37, Discipline of Pupils and as set forth in N.J.A.C. 6A:16-7.2, Short-term suspensions, N.J.A.C. 6A:16-7.3, Long-term suspensions, and N.J.A.C. 6A:16-7.4, Expulsions;
School Employees- Consequences and appropriate remedial action for a school employee or contracted service provider who has contact with students could entail discipline in accordance with district policies, procedures, and agreements; and
Visitors or Volunteers - Consequences and appropriate remedial action for a visitor or volunteer could be determined by the school administrator after consideration of the nature, severity, and circumstances of the act, including law enforcement reports or other legal actions, removal of buildings or grounds privileges, or prohibiting contact with students or the provision of student services.

Additional Policy Requirements:

The Board of Education requires the Superintendent to annually disseminate this Policy to all school employees, contracted service providers who have contact with students, school volunteers, students and parents who have children enrolled in a school in the school district, along with a statement explaining that this Policy applies to all acts of harassment, intimidation, or bullying, pursuant to N.J.S.A. 18A:37-14, that occur on school property, at school-sponsored functions, or on a school bus and, as appropriate, acts that occur off school grounds.

The Superintendent shall post a link to this Policy that is prominently displayed on the home page of the school district’s website. The Superintendent shall ensure that notice of this Policy appears in the student handbook and all other publications of the school district that set forth the comprehensive rules, procedures, and standards for schools within the school district.

The Superintendent shall post the name, school phone number, school address, and school email address of the district anti-bullying coordinator on the home page of the school district’s website. Additionally, the Superintendent shall post the contact information for the School Climate State Coordinator on the school district home page alongside this Policy. Each Principal or designee shall post the name, school phone number, school address, and school email address of both the school anti-bullying specialist and the district anti-bullying coordinator on the home page of each school’s website.

The Superintendent shall post the New Jersey Department of Education’s Guidance for Parents on the Anti-Bullying Bill of Rights Act on the district homepage and on the homepage for each school in the district with a website.

The Superintendent and the Principal(s) shall provide training on the school district’s harassment, intimidation, or bullying policies to school employees contracted service providers and volunteers who have significant contact with students. The training shall include instruction on preventing bullying on the basis of the protected categories enumerated in N.J.S.A. 18A:37-14 and other distinguishing characteristics that may incite incidents of discrimination, harassment, intimidation, or bullying. The school district’s employee training program shall include information regarding the school district policy against harassment, intimidation, or bullying, which shall be provided to full-time and part-time staff, contracted service providers and school volunteers who have significant contact with students.

The Superintendent shall develop and implement a process for annually discussing this Policy on harassment, intimidation, or bullying with students. The Superintendent and the Principal(s) shall annually conduct a re-evaluation, reassessment, and review of this Policy and any report(s) and/or finding(s) of the school safety/school climate team, with input from the school anti-bullying specialists, and recommend revisions and additions to this Policy as well as to harassment, intimidation, or bullying prevention programs and approaches based on the findings from the evaluation, reassessment, and review.

Harassment, Intimidation, or Bullying Training and Prevention Programs:

Each public school teacher and educational services professional shall be required to complete at least two hours of instruction in harassment, intimidation, or bullying prevention within each five year professional development period as part of the professional development requirement pursuant to N.J.S.A. 18:37-22.d. The required two hours of suicide prevention instruction shall include information on the risk of suicide and incidents of harassment, intimidation, or bullying and information on reducing the risk of suicide in students who are members of communities identified as having members at high risk of suicide.

Each newly elected or appointed Board member must complete, during the first year of the member’s first term, a training program on harassment, intimidation, or bullying in accordance with the provisions of N.J.S.A. 18A:12-33. A school leader shall complete school leader training that shall include information on the prevention of harassment, intimidation, or bullying as required in N.J.S.A. 18A:26-8.2.

The school district shall annually observe a “Week of Respect” beginning with the first Monday in October. In order to recognize the importance of character education, the school district will observe the week by providing age-appropriate instruction focusing on the prevention of harassment, intimidation, or bullying as defined in N.J.S.A. 18A:37-14. Throughout the school year the district will provide ongoing age-appropriate instruction on preventing harassment, intimidation, or bullying, in accordance with the New Jersey Student Learning Standards, pursuant to N.J.S.A. 18A:37-29.

The school district and each school in the district will annually establish, implement, document, and assess harassment, intimidation, or bullying prevention programs or approaches, and other initiatives in consultation with school staff, students, administrators, volunteers, parents, law enforcement, and community members. The programs or approaches and other initiatives shall be designed to create school-wide conditions to prevent and address harassment, intimidation, or bullying in accordance with the provisions of N.J.S.A. 18A:37-17.

Reports to Board of Education and New Jersey Department of Education:

The Superintendent shall report two times each school year, between September 1 and January 1 and between January 1 and June 30 at a public hearing all acts of violence, vandalism, and harassment, intimidation, or bullying which occurred during the previous reporting period in accordance with the provisions of N.J.S.A. 18A:17-46. The information shall also be reported to the New Jersey Department of Education in accordance with N.J.S.A. 18A:17-46.

School and District Grading Requirements:

Each school and each district shall receive a grade for the purpose of assessing their efforts to implement policies and programs consistent with the provisions of N.J.S.A. 18:37-13 et seq. The grade received by a school and the district shall be posted on the homepage of the school’s website and the district’s website in accordance with the provisions of N.J.S.A. 18A:17-46. A link to the report that was submitted by the Superintendent to the Department of Education shall also be available on the school district’s website. This information shall be posted on the websites within ten days of receipt of the grade for each school and the district.

Reports to Law Enforcement:

The Superintendent or designee and the Principal shall consult law enforcement, as appropriate, pursuant to the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials, if the student’s behavior may constitute a possible violation of the New Jersey Code of Criminal Justice. Some acts of harassment, intimidation, or bullying may be bias-related acts and school officials must report to law enforcement officials any bias related acts, in accordance with N.J.A.C. 6A:16-6.3.(e), and pursuant to the provisions of the Memorandum of Agreement Between Education and Law Enforcement Officials.

Collective Bargaining Agreements and Individual Contracts:

Nothing in N.J.S.A. 18A:37-13.1 et seq. may be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on the Anti-Bullying Bill of Rights Act’s effective date (January 5, 2011). N.J.S.A. 18A:37-30. The Board of Education prohibits the employment of or contracting for school staff positions with individuals whose criminal history record check reveals a record of conviction for a crime of bias intimidation or conspiracy to commit or attempt to commit a crime of bias intimidation.

Students with Disabilities:

Nothing contained in N.J.S.A. 18A:37-13.1 et seq. may alter or reduce the rights of a student with a disability with regard to disciplinary actions or to general or special education services and supports. N.J.S.A. 18A:37-32. The school district shall submit all subsequent amended Harassment, Intimidation, or Bullying Policies to the Executive County Superintendent of Schools within thirty days of Board adoption