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Assistant Secretary for Public Affairs (ASPA). (2020, July 21). Bullying and youth with disabilities and special health needs. StopBullying.gov. https://www.stopbullying.gov/bullying/special-needs

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Kelmon , J. P. article. (2022, November 23). What to do when the teacher is the bully. Parenting. https://www.greatschools.org/gk/articles/when-the-teacher-is-the-bully/

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Maiano, C., Normand, C. L., Salvas, M. C., Moullec, G., & Aime, A. (2016). Prevalence of school bullying among youth with autism spectrum disorders: A systematic review and meta‐analysis. Autism research, 9(6), 601-615.

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Marshall-Seslar, A. (2022). Physical bullying: Definition, effects, and prevention — McMillen Health. McMillen Health. https://www.mcmillenhealth.org/tamtalks/physical-bullying#:~:text=Physical%20bullying%20is%20a%20type,feel%20physically%20and%20mentally%20safe.

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....a pattern of conduct, rooted in a power differential, that threatens, harms, humiliates, induces fear in or causes students substantial emotional stress. In determining whether teacher conduct crosses a line into bullying, a “reasonable person” standard applies. Quite simply, others render an informed judgment that the teacher’s actions toward students are neither legitimate nor reasonable professional conduct (McEvoy, 2014).

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Montes, G., & Halterman, J. S. (2007). Bullying among children with autism and the influence of comorbidity with ADHD: a population-based study. Ambulatory pediatrics : the official journal of the Ambulatory Pediatric Association, 7(3), 253–257. https://doi.org/10.1016/j.ambp.2007.02.003

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Bullying among children with autism and the influence of comorbidity with ADHD: a population-based study

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Bullying among children with autism and the influence of comorbidity with ADHD: a population-based study

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The objectives of this population-based study were to: (1) estimate the prevalence of bullying among children with autism in the United States, (2) determine whether the presence of attention-deficit/hyperactivity disorder/attention-deficit disorder (ADHD/ADD) increases prevalence of bullying among children with autism, and (3) determine risk factors of bullying behavior among children with autism (Montes & Halterman, 2007).

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Prevalence of School Bullying Among Youth with Autism Spectrum Disorders: A Systematic Review and Meta-Analysis

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Prevalence of School Bullying Among Youth with Autism Spectrum Disorders: A Systematic Review and Meta-Analysis

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School-aged youth with ASD were found to be at greater risk of school victimization in general, as well as verbal bullying, than their TD peers. The true extent of school bullying among youth with autism spectrum disorders (ASD) remains an underexplored area. The purpose of this meta-analysis is to: (a) assess the proportion of school-aged youth with ASD involved in school bullying as perpetrators, victims or both; (b) examine whether the observed prevalence estimates vary when different sources of heterogeneity related to the participants’ characteristics and to the assessment methods are considered; and (c) compare the risk of school bullying between youth with ASD and their typically developing (TD) peers (Maïano, Normand, Salvas, Moullec, Aimé, 2015).

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To date, there are no national studies on patterns of bullying by educators, and only a few limited studies exist that begin to document the phenomenon (McEvoy, 2014)

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National Association of School Psychologists (Ed.). (2012). A framework for school-wide bullying prevention and safety. National Association of School Psychologists. https://www.nasponline.org/x53454.xml

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Effective, school-wide bullying prevention programs have a many things in common:

Evidence-based practices are implemented for prevention and intervention

Students, parents, and staff play an active role in creating and implementing the strategies

Consistent, effective, and informative training is provided to ALL stakeholders

Reward positive, helpful, inclusive behavior that builds peer-to-peer learning and inclusive practices

Teach the DO’s and not the DON’Ts

Clearly defined policies for dealing with bullying situations when they arise

Clearly defined ways to report cases of bullying for both students and staff

SEL workshops and support resources

Access for all stakeholders to school psychologists and highly trained professionals in the study of bullying

The major reason that children with special needs are targets for bullying is that they often lack peer support/relationships.  This is why it is vitally important that prevention strategies help students to understand, appreciate, and accept the various aspects that make us different.  It is also important to celebrate those differences and help students to understand that even though we may have our differences, we probably have even more things in common.  These evidence-based practices should help students to become more empathetic.  Therefore, a shift to compensatory strategies must also be a major focus of school-wide programs.  Specifically, coping strategies, skill development, and cognitive behavior approaches.  Recognizing that bullying is never going to fully disappear, teaching students these skills is more likely to produce positive outcomes.  For students with special needs, this is a win-win because these are often skills that they need further developed, even if they are not being bullied.

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New Jersey Anti-Bullying Laws & Policies

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New Jersey Anti-Bullying Laws & Policies

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Start here and learn your rights

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Components of State Anti-Bullying Laws and Regulations

Which New Jersey state laws cover bullying?

New Jersey Statutes Annotated §18A:6-112. Instruction in suicide prevention for public school teaching staff

New Jersey Statutes Annotated §18A:7E-3. Report card information

New Jersey Statutes Annotated §18A:12-33. Training program; requirements

New Jersey Statutes Annotated §18A:17-43.2. New Jersey School Safety Specialist Academy; certification programs

New Jersey Statutes Annotated §18A:17-46. Reporting of certain acts by school employee; report; public hearing

New Jersey Statutes Annotated §18A:17-48. Annual report to Legislature

New Jersey Statutes Annotated §18A:26-8.2. "School leader" defined; training as part of professional development

New Jersey Statutes Annotated §18A:35-4.27. Instruction on responsible use of social media

New Jersey Statutes Annotated §18A :35-4.31. Recess period required; exceptions

New Jersey Statutes Annotated §18A:36-41. Development, distribution of guidelines concerning transgender students

New Jersey Statutes Annotated §18A:37-2. Causes for suspension, expulsion of pupils

New Jersey Statutes Annotated §18A:37-13. Findings, declarations relative to adoption of harassment and bullying prevention policies

New Jersey Statutes Annotated §18A:37-13.1. Findings, declarations relative to school bullying

New Jersey Statutes Annotated §18A:37-13.2. Short title

New Jersey Statutes Annotated §18A:37-14. Definitions relative to adoption of harassment and bullying prevention policies

New Jersey Statutes Annotated §18A:37-15. Adoption of policy concerning harassment, intimidating or bullying by each school district

New Jersey Statutes Annotated §18A:37-15.1. "Electronic communication" included in school districts' harassment and bullying prevention policy

New Jersey Statutes Annotated §18A:37-15.2. Actions required relative to bullying policy

New Jersey Statutes Annotated §18A:37-15.3. Policy to include certain incidents occurring off school grounds

New Jersey Statutes Annotated §18A:37-16. Reprisal, retaliation, false accusation prohibited

New Jersey Statutes Annotated §18A:37-17. Establishment of bullying prevention programs or approaches

New Jersey Statutes Annotated §18A:37-18. Other remedies unaffected

New Jersey Statutes Annotated §18A:37-19. Application by school district for reimbursement

New Jersey Statutes Annotated §18A:37-20. Appointment of school anti-bullying specialists, coordinator

New Jersey Statutes Annotated §18A:37-21. School safety teams

New Jersey Statutes Annotated §18A:37-22. Program required for teaching certification

New Jersey Statutes Annotated §18A:37-23. Program required for administrative and supervisory certification

New Jersey Statutes Annotated §18A:37-24. Development of guidance document

New Jersey Statutes Annotated §18A:37-25. Establishment of formal protocol for investigating a complaint

New Jersey Statutes Annotated §18A:37-26. Inservice workshops, training programs

New Jersey Statutes Annotated §18A:37-27. Development of online tutorial, test

New Jersey Statutes Annotated §18A:37-28. "Bullying Prevention Fund."

New Jersey Statutes Annotated §18A:37-29. "Week of Respect"; designated

New Jersey Statutes Annotated §18A:37-32. Inapplicability to certain situations

New Jersey Statutes Annotated §18A:37-32.1. Rules, regulations

New Jersey Statutes Annotated §52:17B-71.8. Training course for safe schools resource officers, liaisons to law enforcement

New Jersey Administrative Code §6A:9-3.3. Professional standards for teachers

New Jersey Administrative Code §6A:9C-4.3. Requirements for and implementation of school leaders' individual professional development plans

New Jersey Administrative Code §6A:16-1.3. Definitions

New Jersey Administrative Code §6A:16-5.3. Incident reporting of violence, vandalism and alcohol and other drug abuse

New Jersey Administrative Code §6A:16-7.1. Code of student conduct

New Jersey Administrative Code §6A:16-7.5. Conduct away from school grounds

New Jersey Administrative Code §6A:16-7.7. Harassment, intimidation, and bullying

How are bullying and cyberbullying defined in New Jersey anti-bullying laws and regulations?

New Jersey anti-bullying laws and regulations include the following definitions of harassment, intimidation, and bullying:

"Harassment, intimidation or bullying" means any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by 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, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds, that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that:

(a) a reasonable person should know, under the circumstances, 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 his person or damage to his property;

(b) has the effect of insulting or demeaning any student or group of students; or

(c) 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.

N.J. Stat. § 18A:37-14 (2011)

Do New Jersey anti-bullying laws and regulations cover cyberbullying that occurs off-campus?

Yes. New Jersey anti-bullying laws cover off-campus conduct that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that:

(a) a reasonable person should know, under the circumstances, 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 his person or damage to his property;

(b) has the effect of insulting or demeaning any student or group of students; or

(c) 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.

What are the policy requirements for schools to prevent and respond to bullying behavior?

New Jersey school districts are required to adopt a policy prohibiting harassment, intimidation, bullying, or cyberbullying. District policies must contain key policy and procedural elements, including, but not limited to:

Statements prohibiting harassment, intimidation, or bullying;

Definitions of harassment, intimidation, or bullying;

Descriptions of the type of behaviors expected from each student;

Consequences and appropriate remedial actions for any persons who commits an act of harassment, intimidation, or bullying;

Procedures for reporting and investigation;

Statements prohibiting reprisal or retaliation;

Statements regarding how the policy will be publicized within the district; and

Designation of an anti-bullying coordinator.

New Jersey anti-bullying laws encourage districts to annually conduct, with the input from the school anti-bullying specialists, a re-evaluation, reassessment, and review of its policy, making any necessary revisions and additions.

Do New Jersey anti-bullying laws and regulations include protections for specific groups?

Yes. New Jersey anti-bullying laws prohibit harassment, intimidation, or bullying that is reasonably perceived as being motivated either by 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. New Jersey anti-bullying laws also direct the Department of Education to develop and distribute to school districts guidelines concerning the needs of transgender students, including procedures that ensure a supportive and nondiscriminatory environment.

New Jersey schools that receive federal funding are required by federal law to address discrimination based on certain characteristics. Find out when bullying may be a civil rights violation.

Do New Jersey anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?

Yes. New Jersey school districts are encouraged to annually establish, implement, document, and assess bullying prevention programs or approaches, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement, and community members. School districts may form school safety teams in each school within the district to develop, foster, and maintain a positive school climate. School districts are also encouraged to observe a "Week of Respect" to provide age-appropriate instruction focusing on preventing harassment, intimidation, or bullying. New Jersey school districts may incorporate instruction on responsible use of social media into the technology education curriculum for students in grades 6 through 8.

New Jersey anti-bullying laws direct the Department of Education to make available an online a tutorial on best practices in the prevention of harassment, intimidation, and bullying.

Do New Jersey anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?

Yes. New Jersey school districts are required to provide training to teachers and other school staff regarding the policy and appropriate procedures relative to policy implementation.

Do New Jersey anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?

Yes. New Jersey school district policies must include an appropriate combination of services that are available within the district such as counseling, support services, intervention services, and other programs. School districts may apply to the Department of Education for grants from the "Bullying Prevention Fund" to support the provision of out-of-district programs and services.

Do New Jersey anti-bullying laws and regulations involve parents in efforts to address bullying behavior?

Yes. New Jersey school districts are encouraged to develop policies in consultation with parents and other community members, school employees, school volunteers, students, and school administrators.

For More Information

Visit the New Jersey Department of Education's " Harassment, Intimidation, and Bullying" webpage and/or view the New Jersey state model policy on bullying and harassment.

The key component framework used in the analysis of state laws is based on the review of legislation presented in the " Analysis of State Bullying Laws and Policies - December 2011 " (U.S. Department of Education).

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New Jersey Anti-Bullying Laws & Policies

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Find out what laws and policies cover bullying and cyberbullying in New Jersey. Visit StopBullying.gov for more information.

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-60% of children and young adults with autism experience bullying

-50% of bullying situations stop when a peer intervenes

-49% of children with autism in grades 5th-8th were bullied

-Of children with autism who want to interact with others but have a hard time making friends, 57 percent are bullied

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Physical- a type of bullying where someone uses their body or an object to hurt or scare someone else.

Verbal- is when someone uses words to hurt or scare another person.

Cyberbullying- is a type of verbal or social bullying that happens through instant messaging, social gaming sites, email, texting, or social media.

Relational (or social)- involves hurting someone's relationships or reputation.

(Marshall-Seslar, 2022)

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It is the repeated aversion to going to school, often caused by bullying in school or cyberbullying. It is persistent, and the child usually shows a strong persistence to avoid going to school. This can cause the child to fall behind academically and can cause increased stress at home.

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If a child refuses to go to school because of bullying, these are some strategies to use:

-Collaborate with parents, teachers, and counselors to determine the root cause of bullying or school refusal and discuss possible solutions

-Limit time spent away from school. The longer a child is out of school, the harder it may be for him to return

-Medication

-Cognitive Behavioral Therapy

-Exposure Therapy

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School refusal may indicate that a child suffers from school anxiety, the topic of this informative video. Treating school anxiety starts with a general understanding of how anxiety disorders manifest in children, and where parents can turn for help.

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Bullying Among Adolescents With Autism Spectrum Disorders: Prevalence and Perception

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Bullying Among Adolescents With Autism Spectrum Disorders: Prevalence and Perception

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This study examined: (a) the prevalence of bullying and victimization among adolescents with ASD, (b) whether they correctly perceived bullying and victimization, and (c) whether Theory of Mind (ToM) and bullying involvement were related to this perception. The estimated rates of bullying and victimization worldwide vary from 5 to 38% for girls, and from 6 to 41% for boys. Until now, research on bullying in adolescence has focused predominantly on adolescents attending general education settings, while surprisingly little attention has been given to special needs adolescents such as those with autism spectrum disorders (ASD). There are at least two reasons why special needs children and adolescents are at higher risk for bullying and victimization: they are less socially competent and have fewer friendships (van Roekel, Scholte & Didden, 2010)

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van Roekel, E., Scholte, R.H.J. & Didden, R. (2010). Bullying Among Adolescents With Autism Spectrum Disorders: Prevalence and Perception. J Autism Dev Disord 40, 63–73

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Bullying and Children with Autism: How to Help Your Child

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Bullying and Children with Autism: How to Help Your Child

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Children with autism are more likely to experience bullying than other students. They are more likely to have difficulty reading social cues, understanding intentions, and taking things very literally. Children with ASD may not be able to identify other's behavior as bullying and might not recognize the danger that they are put in. When bullying occurs and other children are laughing, a child with ASD may have difficulty realizing that they are the ones being laughed at, and the bully is not their friend. When bullying involving a child with ASD does occur, adult intervention in necessary and a safety plan should be put in place. IEP goals can be made to help the child learn to recognize and cope with bullying.

The Children’s Hospital of Philadelphia. (2022, January 21). Bullying and children with autism: How to help your child. Children’s Hospital of Philadelphia. https://www.chop.edu/news/health-tip/bullying-and-children-autism-how-help-your-child

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This study surveyed children with ASD and their families nationally. Their findings show that children with ASD are bullied at a high rate, and bullying can often lead to bigger issues such as meltdowns, depression, and violent tantrums. They can effect the child's academic performance and social interactions. The study found that 63% of children between the ages of 6-15 have been bullied. Compared to their siblings without ASD, children with autism were bullied three times as much. The study also surveyed parents about bullying. Parents observe that the biggest reasons for bullying are as follows: clumsiness, poor hygiene, rigid rule keeping, continuously talking about a specific topic, frequent meltdowns, and inflexibility. The study also found that children who are bullied are more likely to act as bullies.

Ian Research Report: Bullying and children with ASD. Kennedy Krieger Institute. (n.d.). https://www.kennedykrieger.org/stories/interactive-autism-network-ian/ian_research_report_bullying

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Parents must follow the appropriate steps:

1. First thing you have to do is document, document, document.” Write down the date, the time, and exactly what happened.

2. look up the laws and policies related to bullying in your state. Understanding what violates the law can help parents as they document what they see and hear.

3. If the situation isn’t too egregious, meet with the teacher to see if you can find a resolution. If that doesn’t work,

4. Volunteer at school, drive the carpool, keep your ear to the ground, all the while documenting everything you learn. During this fact-finding period, start building a support network of parents — after all, one parent’s complaints can easily be waved off, while a group of concerned parents has more chance of being heard.

5. Follow the chain of command; teacher, vice principal, principal, principal’s supervisor, and superintendent. This approach works in your favor for two reasons: One, the closer someone is to the problem, the more likely they’ll be able to take swift, effective action; and two, when you go to the top, one of the first questions will be, ‘Who have you talked to about this, and what did they say?’ If you can’t answer effectively, you’re likely to be directed back to those you’ve skipped.

6. And always, document every bullying incident. If you have documentation for a couple of months, they can’t ignore that

(Kelmon, 2022)