New Jersey has the toughest anti-bullying law in the United States. Here's what it actually says, what schools are legally required to do, and what it means for your child — in plain language.
Bullying is not just a schoolyard problem. In New Jersey, it is a matter of law — and the law here is among the strongest in the entire country. If your child is being bullied, or if you are a parent trying to understand what protections exist, this series is for you. We will walk through the actual laws, explain what they require, and break them down in plain language so you know exactly where you stand.
This is Part 1 of a three-part series. Part 2 covers federal civil rights laws. Part 3 covers what happens when schools fail to act and what parents can do.
Official Citation: N.J.S.A. 18A:37-13 through 18A:37-37 (P.L. 2010, Chapter 122)
New Jersey enacted its first anti-bullying law in 2002, making it one of the earliest states in the nation to do so. But by 2007, it became clear the original law had serious gaps. That year, a landmark case came out of right here in Ocean County — L.W. v. Toms River Regional Schools Board of Education — in which a student was so severely bullied over his perceived sexual orientation that he was forced to transfer schools. The New Jersey Supreme Court ruled that school districts could be sued for damages under the state's Law Against Discrimination for failing to respond reasonably to bias-based bullying.
That ruling, combined with a 2009 state commission report and the highly publicized 2010 suicide of Rutgers University student Tyler Clementi following cyberbullying, pushed New Jersey legislators to act. On January 5, 2011, Governor Chris Christie signed the Anti-Bullying Bill of Rights Act — a bill that passed both the state Assembly and Senate unanimously. The watchdog organization Bully Police rated it A++, calling it the toughest anti-bullying law in the United States.
The statute defines bullying using the term Harassment, Intimidation or Bullying (HIB). Under N.J.S.A. 18A:37-14, HIB is defined as any gesture, any written, verbal or physical act, or any electronic communication — whether a single incident or a series — that is reasonably perceived as being motivated 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. It must take place on school property, at any school-sponsored function, on a school bus, or off school grounds, and must substantially disrupt or interfere with the orderly operation of the school or the rights of other students, and must cause or threaten physical or emotional harm, insult or demean any student, or create a hostile educational environment.
Source: NJ Department of Education — Harassment, Intimidation and Bullying (https://www.nj.gov/education/safety/sandp/hib/)
"Any gesture, written, verbal or physical act, or electronic communication" — This covers everything. A shove, a text message, a social media post, a threatening look, a rumor spread online. It does not have to be physical to count as bullying under NJ law.
"Whether it be a single incident or a series of incidents" — One bad incident can be enough. You do not have to prove a pattern of repeated behavior. A single serious act qualifies.
"Reasonably perceived as being motivated by a characteristic" — The law protects students based on their race, religion, national origin, gender, sexual orientation, gender identity, disability, or any other distinguishing characteristic. Critically, it says actual or perceived — meaning a child can be bullied because someone thinks they belong to a group, even if they do not.
"Takes place on school property... or off school grounds" — This is one of the most powerful parts of the law. Cyberbullying that happens at home, on a weekend, through a phone or computer, can still be covered if it substantially disrupts the school environment. The law follows the student, not just the school building.
The Anti-Bullying Bill of Rights imposes strict, specific obligations on every public school in New Jersey. Every school district must adopt a formal written HIB policy. Every individual school must designate an Anti-Bullying Specialist. Every district must designate a district-wide Anti-Bullying Coordinator. School staff must report an observed incident verbally to the principal on the day it occurs, and file a written report within two school days. The investigation must begin within one school day and be completed within ten school days. Families of both the targeted student and the alleged bully must be notified. Every school must post its HIB grade publicly on its website.
Source: StopBullying.gov — New Jersey Anti-Bullying Laws & Policies (https://www.stopbullying.gov/resources/laws/new-jersey)
There is a separate New Jersey criminal statute — N.J.S.A. 2C:16-1 — called Bias Intimidation. When bullying is motivated by bias against a person's race, religion, sexual orientation, disability, or other protected characteristic, and rises to the level of a criminal act such as assault or making terroristic threats, the bias motivation elevates the crime to a higher degree. This means bullying is not just a school discipline issue in New Jersey. In serious cases, it is a criminal matter.
At Evolution Martial Arts in Toms River, we see the effects of bullying firsthand. Children who walk through our doors are often dealing with fear, low confidence, and social anxiety — sometimes because of what is happening to them at school. While the law provides important protections, it cannot give a child the internal tools they need to stand tall, set boundaries, and navigate difficult social situations with confidence. Martial arts training does not teach children to fight. It teaches them to carry themselves differently — with awareness, calm, and self-assurance. That shift in how a child presents themselves is often enough to change their social dynamic entirely.
Part 2 of this series covers the federal civil rights laws that protect students from bullying — including Title IX, Section 504, the ADA, and IDEA — and what they mean for your child.
Sources: 1) NJ Department of Education — HIB: https://www.nj.gov/education/safety/sandp/hib/ | 2) N.J.S.A. 18A:37-14: https://law.justia.com/codes/new-jersey/title-18a/section-18a-37-14/ | 3) StopBullying.gov — NJ Laws: https://www.stopbullying.gov/resources/laws/new-jersey | 4) L.W. v. Toms River Regional Schools, 189 N.J. 381 (2007)