Public School Safety Law – Pertinent Sections

 

AN ACT concerning violence in the public schools and amending P.L.1982, c.163.

 

C.18A:17-46 Reporting of act of violence by school employee; annual report; public hearing.

            Any school employee observing or having direct knowledge from a participant or victim of an act of violence shall, in accordance with standards established by the commissioner, file a report describing the incident to the school principal in a manner prescribed by the commissioner, and copy of same shall be forwarded to the district superintendent.

            The principal shall notify the district superintendent of schools of the action taken regarding the incident.  Annually, at a public hearing in October, the superintendent of schools shall report to the board of education all acts of violence and vandalism which occurred during the previous school year.  The proceedings of the public hearing shall be transcribed and kept on file by the board of education, which shall make the transcript available to the public.  Verification of the annual report on violence and vandalism shall be part of the State's monitoring of the school district, and the State Board of Education shall adopt regulations that impose a penalty on a school employee who knowingly falsifies the report.  A board of education shall provide ongoing staff training, in cooperation with the Department of Education, in fulfilling the reporting requirements pursuant to this section.  The majority representative of the school employees shall have access monthly to the number and disposition of all reported acts of school violence and vandalism.

            The board of education shall file the transcript of the public hearing with the Division of Student Services in the Department of Education by November 1.  The division shall review the transcript to ensure compliance with this section of law. The costs of staff training and transcribing the public hearing and printing the transcript shall be paid by the Department of Education.

            Approved January 2, 2002.

18A:17-47. Discharge of, or discrimination against, school employee who files report

It shall be unlawful for any board of education to discharge or in any manner discriminate against a school employee as to his employment because the employee had filed a report pursuant to section 1 of this act. Any employee discriminated against shall be restored to his employment and shall be compensated by the board of education for any loss of wages arising out of the discrimination; provided, however, if the employee shall cease to be qualified to perform the duties of his employment he shall not be entitled to restoration and compensation.

L.1982, c. 163, s. 2, eff. Oct. 28, 1982.

The Commissioner of Education shall each year submit a report to the Education Committees of the Senate and General Assembly detailing the extent of violence and vandalism in the public schools and making recommendations to alleviate the problem.

L.1982, c. 163, s. 3, eff. Oct. 28, 1982.