Anti-bully law suffers setback

Parts of the newly enacted Anti-Bullying Bill of Rights Act, which took effect this September, will remain in limbo for the next 60 days as the State Legislature reacts to a recent decision rescinding certain parts of the law.

In a 7-2 vote on Friday, the Council on Local Mandates issued its decision that the anti-bullying law imposed “unfunded mandates” on local school districts and thus did not have to be implemented. Districts however must continue to implement the law for the next 60 days until the council reconvenes and issues its written statement, at which time those provisions will be nullified — unless the Legislature acts to fund the mandates.

The four provisions of the law cited by the council as unfunded required each school in a district to:

• Establish, implement and document bully-prevention programs involving school staff, students and administrators.
• Establish and train an anti-bullying specialist and coordinator, using either existing or new staff.
• Install a school-safety team.
• Create policies using counselors, support services and other programs to respond to incidents of harassment, intimidation or bullying.

Upon hearing the decision, Superintendent Anthony Cavanna said the council got it right.

"If the state is going to mandate something, they should provide the resources," said Cavanna. "I think the decision upholds what boards and superintendents have been saying for years."

Cavanna said many of the elements of the new anti-bullying law have been in effect in the district for years, such as cataloguing incidents and providing character education, and therefore the district did not have to hire new staff.

While it is difficult to put a concrete dollar amount on what the legislation has cost the district, Cavanna said its most noticeable effect has been the amount of time staff members need to reallocate to filling out additional records and paperwork.

"The law doesn't really stress the prevention [of bullying]; it stresses the investigations," said Cavanna.

At the state level, Assemblywoman Mila Jasey, D-27, who was one of the primary sponsors of the legislation, said the ruling came as a surprise.

While Jasey said her constituents have related only positive remarks about the anti-bullying law, she noted that its application to the youngest students — pre-schoolers, and first-, second- and third-graders — could use “a different approach.”

Assemblyman John McKeon, D-27, former mayor of West Orange and another primary sponsor of the bill, also noted that some districts have related to him that the law could be better clarified when it comes to being applied to students in the lowest grades.

"Educators are feeling they are concerned about using their own discretion," said McKeon, "as opposed to following the letter of the law."

While the ruling is a setback, Jasey said it could be a good thing because a brighter spotlight will be placed on the law and anti-bullying.

The complaint that these four provisions of the law should be deemed unfunded mandates was submitted to the council on Aug. 31, 2011 by Francis Gavin, board president of the Allamuchy Township Board of Education.

The council's report stated the law imposed "significant amounts of time" and "duties" on the administration, and reallocated "significant district financial resources from student learning.”

The state Department of Education assessed Allamuchy's anti-bullying program as costing $6,000. Allamuchy reportedly has a student population of 427.

When it comes to funding, the original law includes a provision for districts to apply to the DOE for the funding of provisions through a Bullying Prevention Fund. However, the Allamuchy complaint stated: "To date, the Legislature has not appropriated funds for the Bullying Prevention Fund thereby requiring local funding for the acquisition and development of the required programs and approaches."

Jasey said this has been a complaint from constituents in her district, saying “the DOE is supposed to provide training and resources, and we have been hearing that it hasn't been happening for every district. So we were not unaware of the problems."

While districts wait to see whether the council’s decision will be enacted, or whether the Legislature will amend the law, Cavanna said the West Orange school district will continue with the policies it already has in place.

Jasey and McKeon both expressed confidence that the Legislature would add appropriations for those four provisions within the two-month deadline. Assemblywoman Valerie Huttle, D-37, is reportedly already drafting legislation to address the provisions’ funding so that they remain within the law.

"I would predict that the very strong feelings that both sides of the aisle have about this topic [will ensure] the right thing will happen and the law in its present form ... will remain," said McKeon.

Michael D’Onofrio: wochronicle@thelocalsource.com or 908-686-7700, ext. 117.