You reported the bullying. The school did nothing. Here is the exact step-by-step escalation process — from appealing to the Board of Education all the way to the U.S. Department of Education's Office for Civil Rights — with deadlines, official contacts, and plain-language guidance.
You reported the bullying. You filled out the HIB 338 Form. You waited. And nothing happened — or worse, the school dismissed the complaint entirely. What now?
New Jersey's Anti-Bullying Bill of Rights Act (N.J.S.A. 18A:37-13 et seq.) gives parents a clear escalation path when schools fail to fulfill their legal obligations. This post walks you through every step, with official sources and plain-language explanations.
Before escalating, it helps to know what the law required. Under the ABR: the Anti-Bullying Specialist must begin an investigation within one school day of receiving a report; the investigation must be completed within 10 school days; the principal must report findings to the superintendent within two school days of completing the investigation; the Board of Education must receive a report at its next meeting; and parents of both the target and the alleged bully must be notified of the findings in writing.
Source: N.J.S.A. 18A:37-15; N.J.A.C. 6A:16-7.7
In plain language: The school has 10 school days to investigate and must notify you in writing. If you received no written notification within that window, the school is already out of compliance.
If you disagree with the school's HIB findings — or if the school failed to investigate at all — your first formal escalation is an appeal to the Board of Education (BOE). Under N.J.S.A. 18A:37-15(d), a parent may request a hearing before the Board of Education within 60 days of receiving written notice of the investigation's findings.
How to do it: Send a written request to the Board Secretary (not the principal) requesting a hearing before the Board. State clearly that you are appealing the HIB determination under N.J.S.A. 18A:37-15(d). Include copies of all prior communications — the original HIB 338 Form, any written responses from the school, and documentation of the bullying incidents. Send it certified mail so you have proof of delivery.
If the Board of Education upholds the school's decision — or fails to act — you can appeal directly to the New Jersey Commissioner of Education. Under N.J.S.A. 18A:37-15(d), after a Board of Education hearing, either party may appeal to the Commissioner of Education within 90 days of the Board's decision.
Contact the NJ DOE Office of Student Support Services at [email protected] or (609) 376-9109 for guidance on the filing process.
If the bullying involved discrimination based on race, religion, national origin, sex, disability, or sexual orientation, you have additional civil rights remedies running parallel to the HIB process.
New Jersey Division on Civil Rights (DCR): A complaint must be filed within 180 days of the discriminatory conduct. File at nj.gov/oag/dcr or call (609) 292-4605.
U.S. Department of Education Office for Civil Rights (OCR): Covers discrimination under Title VI (race), Title IX (sex), and Section 504/IDEA (disability). File within 180 days of the last act of discrimination at ocr.ed.gov or call (800) 421-3481.
In plain language: If your child was targeted because of who they are — their race, religion, disability, or gender — the school's failure to act may also be a civil rights violation. These complaints can be filed simultaneously with the HIB process.
Step 1 — Submit HIB 338 Form to school: as soon as possible. Step 2 — School investigation completed: within 10 school days. Step 3 — Appeal to Board of Education: within 60 days of written decision. Step 4 — Appeal to Commissioner of Education: within 90 days of BOE decision. Step 5 — File civil rights complaint (DCR/OCR): within 180 days of incident.
NJ DOE School Climate Coordinator: [email protected] | (609) 376-9109. NJ Division on Civil Rights: nj.gov/oag/dcr | (609) 292-4605. U.S. DOE Office for Civil Rights: ocr.ed.gov | (800) 421-3481. NJ School Directory: nj.gov/education.
We created this four-part series because every parent in Ocean County deserves to know their rights. The law is on your side — but only if you know how to use it. At Evolution Martial Arts in Toms River, we work every day to build children who are confident, aware, and equipped to handle conflict. If your child is struggling with bullying, we invite you to schedule a free trial class.
Sources: 1) N.J.S.A. 18A:37-13 et seq. — Anti-Bullying Bill of Rights Act | 2) N.J.S.A. 18A:37-15 — Investigation and Appeal Procedures | 3) N.J.A.C. 6A:16-7.7 — HIB Reporting Requirements | 4) NJ DOE HIB Information for Families: https://www.nj.gov/education/safety/sandp/hib/hibassistance.shtml | 5) NJ Division on Civil Rights: https://www.nj.gov/oag/dcr | 6) U.S. DOE Office for Civil Rights: https://ocr.ed.gov