N.J. Admin. Code § 6A:16-5.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:16-5.3 - Incident reporting of violence, vandalism and alcohol and other drug abuse

(a) For purposes of reporting information to the Department, pursuant to 18A:17-46, any school employee who observes or has direct knowledge from a participant or victim of an act of violence, including harassment, intimidation, and bullying, or the possession or distribution of alcohol or other drugs on school grounds, and any school employee who reports a student for being under the influence of alcohol or other drugs, pursuant to 18A:40A-12, shall file with the principal a report describing the incident.

1. The report shall be on a form adopted for such purposes by the district board of education.

i. The form shall include all information necessary for complete, accurate reporting on the Electronic Violence and Vandalism Reporting System (EVVRS) and verification of the incident detail, including an incident description, and offender and victim information.

(b) The district board of education shall not discharge or subject to any manner of discrimination a school employee who files a report pursuant to this section.

(c) The majority representative of the school employees' bargaining units shall have access monthly to the number and disposition of all reported acts of school violence, including harassment, intimidation, and bullying, and vandalism pursuant to 18A:17-46.

1. Personally identifying information may be provided to the majority representative of the school employees' bargaining units only in instances when school administrators have reason to believe the safety of a school staff member is at risk.

(d) The chief school administrator shall:

1. Submit to the Commissioner reports of each incident of violence, including harassment, intimidation, and bullying, vandalism, and alcohol and other drug offenses, pursuant to 6A:16-4.3, in the school district utilizing the EVVRS.

i. The reports shall be submitted twice each school year, once for all incidents occurring between September 1 and January 1 and once for all incidents occurring between January 1 and June 30, and shall include, at a minimum, all information pursuant to 18A:17-46.

ii. Prior to submission, the chief school administrator shall verify the accuracy of the reported information.

iii. The grade regarding the harassment, intimidation, and bullying efforts of each school and each school district shall be posted on the homepage of the school district's website, in accordance with the guidelines promulgated by the Commissioner pursuant to 18A:17-46.

2. Provide for annual training of staff to prepare them to fulfill the reporting requirements set forth in this section.

(e) Twice each school year, once between September 1 and January 1 and once between January 1 and June 30, the chief school administrator shall report to the district board of education at a public hearing all acts of violence, including harassment, intimidation, and bullying, vandalism, and alcohol and other drug offenses that occurred during the previous reporting period, according to the provisions of 18A:17-46.

(f) Each district board of education shall adopt and implement procedures regarding a school employee who knowingly falsifies reported information on acts of violence or vandalism or any incident included in the annual report on violence and vandalism required under 18A:17-46, including the establishment of grievance procedures of section 8 of 34:13A-5.3 and 34:13A-29.

(g) Private schools for the disabled and public-college-operated programs for the disabled shall take action regarding a school employee who knowingly falsifies the reporting of violence, including harassment, intimidation, and bullying, vandalism, and alcohol or other drug abuse required under 18A:17-46, which may be in accordance with the provisions set forth in (f) above.

(h) Each district board of education shall submit and implement a corrective action plan for high incidences of violence, vandalism, or alcohol or other drug abuse upon notification by the Commissioner.

N.J. Admin. Code § 6A:16-5.3

Amended by R.2003 d.326, effective 8/4/2003.
See: 35 N.J.R. 1503(a), 35 N.J.R. 3610(a).
In (e), substituted "hearing pursuant to N.J.S.A. 18A:17-46" for "meeting"; added (f).
Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote section, added (h) and (i).
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Incident reporting of violence, vandalism and substance abuse". In (a), substituted "alcohol and other drugs" for "substances"; in (a)1i, substituted "are" for "is"; rewrote introductory paragraph of (b); in (b)1, substituted "demographics and incident location" for "demographics, and location of incident"; in (e)1, introductory paragraph of (f) and (i), substituted "alcohol and other drug" for "substance"; in (g)1, deleted "as to" preceding "regarding"; in (g)2iii, substituted "school" for "business"; and in (h), substituted "violence," for "violence and" and inserted "and alcohol or other drug abuse".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
Added (e)1i; and in (e)2, inserted "and in accordance with N.J.A.C. 6A:16-7.1(a)6".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.