Both The Record and the Star-Ledger have editorials out urging the State to keep the anti-bullying law even though the NJ’s Council on Local Mandates ruled that the new legislation amounts to an unconstitutional unfunded mandate.

The Editorial Boards of both papers praise NJ’s far-reaching law as an honorable attempt to protect kids who suffer bullying by peers. That’s true. And both editorials assume that the costs incurred by local districts are largely teacher and staff training (including everyone from custodians to school board members). That’s part of the cost, although the greatest expense to districts is probably the diversion of time spent filing reports, mounting investigations, and complying with rigid time schedules.

New Jersey School Boards Association has commented on the law’s impact on districts. So has the NJ Principals and Supervisors Association, which conducted a survey of its members. Some of the conclusions:

• The legislation is a hefty time commitment (e.g. paperwork) for staff assigned to lead, or are involved with, investigations, taking them away from their existing duties;

• Where districts have assigned guidance counselors or school psychologists to the role of the Anti-Bullying Specialist (ABS), the role of counselor or advocate is in direct conflict with their new investigatory responsibilities assigned under the new law. Such respondents also voiced concern about their lack of investigatory experience;

• Teachers have experienced significant stress due to the strictures of the reporting requirements of the new law. Many are fearful that not reporting will lead to liability, even where they do not believe an incident rises to the level of HIB. They often report incidents that would have been traditionally handled in the classroom for fear of reprisal if they do not;

• Students have lost valuable instructional time due to the substantial investigatory requirements of the law;

• Students and parents have been hyper-sensitized to the topic, sometimes labeling normal adolescent conflict as HIB;

• The written report follow-up requirement to parents often reanimates conflict that had been resolved.