Knowing the law is only half the battle. Here's the step-by-step escalation ladder every NJ parent needs — from reporting to the school all the way to the U.S. Department of Justice — with exact timelines and what to document.
Knowing the law is only half the battle. The harder question for most parents is: what do I actually do when the school is not following it? This final part of our series is a practical guide — what steps to take, in what order, and what to document along the way.
This is Part 3 of a three-part series. Part 1 covered New Jersey's Anti-Bullying Bill of Rights. Part 2 covered federal civil rights laws.
Before you make a single phone call to the school, start a written record. This is the single most important thing you can do. Courts, the NJ Department of Education, and the U.S. Department of Education's Office for Civil Rights all rely heavily on documentation. Without it, your complaint is your word against the school's.
Your documentation should include: dates and times of every incident your child reports; names of all students involved, including witnesses; exact words or actions as described by your child — write them down the same day; physical evidence such as screenshots of texts, social media posts, emails, or photos of any injuries or damaged property; names of school staff you spoke to and the date and content of every conversation; copies of every written communication with the school.
Keep all of this in a dedicated folder, both physical and digital. If the situation escalates to a formal complaint or legal action, this record is your foundation.
Under N.J.S.A. 18A:37-28, any student, parent, guardian, or staff member can report an incident of HIB. You do not need to prove it happened. You just need to report it.
Submit a written report to the school's Anti-Bullying Specialist — every NJ school is required to have one by law. Request the school's HIB 338 Form, which is the official NJ reporting form available on the NJ Department of Education website. Send your report by email or certified mail so you have proof of receipt.
After your report, the school must begin the investigation within one school day and complete it within ten school days. Keep a copy of everything you submit and note the date. If the school does not respond within the required timeframe, that failure is itself a violation of the Anti-Bullying Bill of Rights.
If the school's Anti-Bullying Specialist finds that no HIB occurred, or if the school fails to investigate within the required timeframe, you have the right to appeal to the Board of Education. Submit a written appeal within 60 days of receiving the school's decision. The Board must schedule a hearing and issue a written decision within 60 days of receiving your appeal.
If the Board of Education's decision is unsatisfactory, you can appeal further to the New Jersey Commissioner of Education. This is an administrative law process. You may want to consult with an attorney at this stage, particularly one familiar with education law. Contact the NJ Department of Education, Office of Student Support Services, School Climate State Coordinator at [email protected] or (609) 376-9109.
If the bullying involves discrimination based on race, sex, disability, religion, or national origin, you can file a complaint directly with the U.S. Department of Education's Office for Civil Rights (OCR). You do not need to exhaust state remedies first — you can file with OCR at the same time you are pursuing the state process. File online at https://ocrcas.ed.gov/. The complaint must generally be filed within 180 days of the last discriminatory act.
OCR will investigate and can require the school to take corrective action. If the school fails to comply with OCR's findings, OCR can refer the matter to the DOJ or move to terminate the school's federal funding.
If the harassment involves race, color, or national origin discrimination, the DOJ Civil Rights Division also has jurisdiction. Contact the U.S. Department of Justice, Civil Rights Division at https://www.justice.gov/crt or (202) 514-4609.
As established in L.W. v. Toms River Regional Schools Board of Education, New Jersey school districts can be sued for damages under the Law Against Discrimination (LAD) when they fail to respond reasonably to bias-based bullying. If you believe your child's civil rights have been violated and the administrative process has not produced results, consult with an attorney who specializes in education law or civil rights. The Education Law Center (edlawcenter.org) is a New Jersey nonprofit that provides resources and advocacy for students' educational rights.
Step 1 — Report in writing to school's Anti-Bullying Specialist: immediately upon incident. Step 2 — School investigation begins: within 1 school day of report. Step 3 — School investigation completed: within 10 school days. Step 4 — Appeal to Board of Education: within 60 days of school decision. Step 5 — Board issues decision: within 60 days of your appeal. Step 6 — Appeal to Commissioner of Education: after Board decision. Step 7 — File with U.S. DOE Office for Civil Rights: within 180 days of last discriminatory act. Step 8 — Contact DOJ Civil Rights Division: as needed for race/national origin cases. Step 9 — Consult education law attorney: if administrative process fails.
First, know your school's Anti-Bullying Specialist. Every NJ school is required to have one. Find out who it is before you need them. Second, know your school's HIB grade. New Jersey requires every school to post its HIB report card on its website. A school with a poor track record on HIB reporting is a school where you need to be more vigilant. Third, talk to your child. Research consistently shows that most bullying goes unreported because children are afraid of retaliation or do not believe adults will help. Create an environment where your child knows they can come to you, and that you will take action.
The laws covered in this series are powerful tools, but they are reactive — they kick in after bullying has already happened. At Evolution Martial Arts in Toms River, we believe in building something in children that works before the incident, during it, and after it: confidence, awareness, and the ability to de-escalate or disengage from a threatening situation.
Master Greg Hussey has been training children and adults in Ocean County for over 40 years. The students who come through our programs — from our Little Warriors toddler classes to our Teen and Adult Karate program — leave with more than physical skills. They leave knowing how to carry themselves, how to set boundaries, and how to respond to adversity without panic. That internal foundation does not replace the law. But it gives your child something the law cannot: the ability to protect themselves from the inside out.
If you would like to learn more about our programs, we offer a free trial class for new students. There is no pressure and no commitment — just come in and see what we do.
This three-part series is intended for informational purposes only and does not constitute legal advice. If you believe your child's rights have been violated, consult a qualified attorney.
Sources: 1) NJ Department of Education — HIB: https://www.nj.gov/education/safety/sandp/hib/ | 2) N.J.S.A. 18A:37-28: https://law.justia.com/codes/new-jersey/title-18a/section-18a-37-28/ | 3) StopBullying.gov — Federal Laws: https://www.stopbullying.gov/resources/laws/federal | 4) U.S. DOE Office for Civil Rights — File a Complaint: https://ocrcas.ed.gov/ | 5) U.S. DOJ Civil Rights Division: https://www.justice.gov/crt | 6) Education Law Center NJ: https://edlawcenter.org/ | 7) L.W. v. Toms River Regional Schools, 189 N.J. 381 (2007)