N.J.A.C. 6A:16 Programs to Support Student Development Proposal Level: July 13, 2016

Subchapter 1. General Provisions Subchapter 7. Student Conduct Purpose of N.J.A.C. 6A:16 The rules provide minimum standards for programs and practices to support the health, safety and social-emotional needs of students. Proposed Amendments Subchapter 1. General Provisions Subchapter 7. Student Conduct 6A:16-1.2 Scope 6A:16-7.7 Harassment, intimidation, and bullying 6A:16-1.3 Definitions 6A:16-7.8 (New) Harassment, intimidation, and bullying in approved private schools for students with disabilities (approved PSSDs)

Policy Regarding the Principal’s Role Feedback Received Department Action(s) Amendment creates a process by which the principal makes a preliminary determination as to whether a reported incident or complaint is a report of an act of HIB prior to initiating an investigation which is not permitted by the ABR. Regulatory Change: Include additional language indicating that preliminary determination is part of the investigation (N.J.A.C. 6A:16-7.7(a)2ix(1) and 7.8(a)3ii. Resource: Plan to develop a tool that the principal may use, in consultation with the anti-bullying specialist, to assess whether a reported incident or complaint is a report of HIB.

Policy Regarding Reports of HIB Involving Students in Approved PSSDs Feedback Received Department Action(s) Requiring sending BOE to investigate HIB incidents involving students in approved PSSDs that take place on a district BOE bus, school-sponsored function, and off school grounds delays timely investigations, fair responses and limits the approved PSSD’s ability to educate students in a safe and supportive learning environment. Regulatory Change: New rule to require sending BOE receiving a report of HIB involving a student who attends an approved PSSD to investigate in consultation with receiving school in these cases (N.J.A.C. 6A:16-7.7(a)2ix(2) and (2)(A)). Regulatory Change: New rule to require an approved PSSD receiving a report of HIB occurring on sending district BOE buses and school-sponsored functions to initiate an investigation in consultation with the sending district (N.J.A.C. 6A:16-7.8(a)1 and 1i).

PSSD’s Policy Regarding Consultation Feedback Received Department Action(s) Concern that requiring the full-time non-teaching principal to consult with several sending district boards of education when defining the range of ways in which a school will respond to an incident of HIB is burdensome. Regulatory Change: Removed “in consultation and conjunction with the sending district board of education” when defining the range of ways the school will respond in their policy (N.J.A.C. 6A:16-7.8(a)3x). Regulatory Change: New rule to clarify that determining the appropriate response “in consultation and conjunction with the sending district board of education” refers to when the approved PSSD is selecting appropriate responses for students involved in HIB (N.J.A.C. 6A:16-7.8(a)3x(2)).

Right to a Hearing Feedback Received Department Action(s) Concern that the sending BOE is not the appropriate forum for parents of students in an approved PSSD to hold a hearing regarding an HIB investigation. No regulatory change proposed. Rationale: The sending BOE is responsible for the educational program of each student in an approved PSSD and therefore must allow the parents of its students the right to a hearing before the BOE and the same appeal options as other BOE students in the district.