New Jersey
State Protections and Legal Framework
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State constitutional guarantees regarding right to education
Case law and legislative history defining and interpreting the right to education
N.J.S.A. 18A:7A–2a(4).
Abbott by Abbott v. Burke, 119 N.J. 287, 393 (1990). In the initial case, the New Jersey Supreme Court held that the Public School Education Act was unconstitutional as applied to lower income school districts in urban areas. The ruling directed the Legislature to amend a new law to assure funding of education in poorer districts at the level “substantially equivalent of property-rich districts, and adequate to provide for the special educational needs of the low-income districts in order to redress their extreme disadvantages.
Abbott ex rel. Abbott v. Burke, 199 N.J. 140, 148 (2009). The Court reviewed the School Funding Reform Act and directed its implementation.
Abbott ex rel. Abbott v. Burke, 206 N.J. 332, 343, 20 A.3d 1018, 1025 (2011) New Jersey Supreme Court found that the State’s failure to fund the School Funding Reform Act caused “instructionally consequential and significant harm to at risk students across the state. The Court ordered that the act be fully funded for students by the next fiscal year 2012.
In 2016 the New Jersey Supreme Court denied Former Governor Chis Christie’s motion for relief from Abbott’s enforcement and was denied. https://edlawcenter.org/assets/files/pdfs/abott-v-burke/archives/Abbott%20XXII/M_378_16_Abbott_v.%20burke_1.pdf
Students with disabilities. Bd. of Educ. of Twp. of Sparta v. M.N. on behalf of A.D., 258 N.J. 333, 348 (2024)
State constitutional protections regarding non-discrimination and equity
“(a) Each district board of education shall provide all students with equitable and bias-free access to all school facilities, courses, programs, activities, and services, regardless of the protected categories listed at N.J.A.C. 6A:7-1.1(a), by: Attaining, within each school, minority representation that approximates the school district's overall minority representation. Exact apportionment is not required; the ultimate goal is a reasonable plan achieving the greatest degree of a representative balance that is feasible and consistent with sound educational values and procedures.” N.J.A.C. § 6a:7-1.7(a)(2).
The New Jersey Law Against Discrimination (LAD) prohibits discrimination and bias-based harassment based on many protected classes in employment (including labor unions and employment agencies), housing (including housing providers and realtors), and places of public accommodation (generally, places open to the public, including businesses, restaurants, schools, summer camps, medical providers, government offices and agencies, and more). https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/njlad/
The LAD prohibits schools from adopting policies or practices that discriminate against students or staff based on their race, gender, sexual orientation, gender identity, gender expression, or other protected characteristics, whether or not motivated by discriminatory intent,” the statement read.
Other relevant state constitutional civil rights protections
“The statute's definitional section, N.J.S.A. 10:5–5(l ), provides that a place of public accommodation
shall include, but not be limited to: ... any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, or any educational institution under the supervision of the State Board of Education, or the Commissioner of Education of the State of New Jersey. Nothing herein contained shall be construed to include or to apply to any institution, bona fide club, or place of accommodation, which is in its nature distinctly private; ... nor shall anything herein contained be construed to bar any private secondary or post secondary school from using in good faith criteria other than race, creed, color, national origin, ancestry or affectional or sexual orientation in the admission of students.” Ellison v. Creative Learning Ctr., 383 N.J. Super. 581, 587, 893 A.2d 12, 15 (App. Div. 2006).
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State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA)
Ensuring courses shall not be offered separately on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a); i. Portions of classes that deal exclusively with human sexuality may be conducted in separate developmentally appropriate sessions based on gender identity, provided the course content for such separately conducted sessions is the same: N.J.A.C. § 6A:7-1.7(b)(2).
Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)
LGBTQ- All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, sex, gender identity or expression or source of lawful income used for rental or mortgage payments, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right. N.J.S.A. § 10:5-4.
Plyler v. Doe, 457 U.S. 202 (1982).
A district board of education shall not condition enrollment on the receipt of information or documents protected from disclosure by law, or pertaining to criteria that are not a legitimate basis for determining eligibility to attend school. They include, but are not limited to: 1. Income tax returns;2. Documentation or information relating to citizenship or immigration/visa status, except as set forth at N.J.A.C. 6A:22-3.3(b); 3. Documentation or information relating to compliance with local housing ordinances or conditions of tenancy; and 4. Social Security numbers. N.J.A.C. § 6A:22-3.4(d).
Programs in bilingual education; establishment; number of pupils; waiver
4. a. When, at the beginning of any school year, there are within the schools of the district 20 or more pupils of limited English-speaking ability in any one language classification, the board of education shall establish, for each such classification, a program in bilingual education for all the pupils therein; provided, however, that a board of education may establish a program in bilingual education for any language classification with less than 20 children therein.
b. The Commissioner of Education may waive the requirement that a board of education establish a full time bilingual education program when the board is able to demonstrate that due to the age range, grade span or geographic location of the eligible pupils it would be impractical to provide a full time bilingual education program. The waiver shall permit the district to implement a special alternative instructional program for as long as the conditions exist that justified the waiver. N.J.S.A. § 18A:35-18(a). https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
The district board of education shall provide all MLs with an LIEP.1. A district board of education shall provide appropriate instructional programs to preschool MLs pursuant to (c) below.2. Whenever there are 20 or more MLs in kindergarten through 12th grade in any one language classification enrolled in the school district, an LIEP shall include bilingual education or dual language immersion programs pursuant to (e) below, unless waived pursuant to N.J.A.C. 6A:15-1.15.3. Whenever there are 10 or more MLs in kindergarten through 12th grade enrolled in the school district, an ESL program shall be provided.4. Whenever there are at least one, but fewer than 10 MLs in kindergarten through 12th grade enrolled in a school district, the district board of education shall provide the MLs with English language services. English language services shall be provided as part of the regular school program.5. Instructional program alternatives may be implemented pursuant to N.J.A.C. 6A:15-1.15. N.J.A.C. § 6A:15-1.4(b)
All district boards of education shall provide appropriate instructional programs to eligible preschool MLs based on the New Jersey Preschool Program Implementation Guidelines and the New Jersey Preschool Teaching and Learning Standards of Quality, pursuant to N.J.A.C. 6A:13A, Elements of High-Quality Preschool Programs.1. A program that meets the New Jersey Preschool Teaching and Learning Standards of Quality and is approved, pursuant to N.J.A.C. 6A:13A, will be considered a preschool LIEP.N.J.A.C. § 6A:15-1.4(c).
State law protections regarding color of law or pattern/practice liability for law enforcement in schools
N.J. Stat. Ann. § 10:6-2 (West).
Anti-discrimination protections under state human rights statutes
10:5-1 “Law Against Discrimination”
Private right of action provisions under state civil rights and human rights statutes
10:6-2 Actions permitted under the "New Jersey Civil Rights Act."
2. a. If a person, whether or not acting under color of law, subjects or causes to be subjected any other person to the deprivation of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive or other appropriate relief. The civil action shall be brought in the name of the State and may be brought on behalf of the injured party. If the Attorney General proceeds with and prevails in an action brought pursuant to this subsection, the court shall order the distribution of any award of damages to the injured party and shall award reasonable attorney's fees and costs to the Attorney General. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection.
b. If a person, whether or not acting under color of law, interferes or attempts to interfere by threats, intimidation or coercion with the exercise or enjoyment by any other person of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, the Attorney General may bring a civil action for damages and for injunctive or other appropriate relief. The civil action shall be brought in the name of the State and may be brought on behalf of the injured party. If the Attorney General proceeds with and prevails in an action brought pursuant to this subsection, the court shall order the distribution of any award of damages to the injured party and shall award reasonable attorney's fees and costs to the Attorney General. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection.
c. Any person who has been deprived of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State, or whose exercise or enjoyment of those substantive rights, privileges or immunities has been interfered with or attempted to be interfered with, by threats, intimidation or coercion by a person acting under color of law, may bring a civil action for damages and for injunctive or other appropriate relief. The penalty provided in subsection e. of this section shall be applicable to a violation of this subsection.
d. An action brought pursuant to this act may be filed in Superior Court. Upon application of any party, a jury trial shall be directed.
e. Any person who deprives, interferes or attempts to interfere by threats, intimidation or coercion with the exercise or enjoyment by any other person of any substantive due process or equal protection rights, privileges or immunities secured by the Constitution or laws of the United States, or any substantive rights, privileges or immunities secured by the Constitution or laws of this State is liable for a civil penalty for each violation. The court or jury, as the case may be, shall determine the appropriate amount of the penalty. Any money collected by the court in payment of a civil penalty shall be conveyed to the State Treasurer for deposit into the State General Fund.
f. In addition to any damages, civil penalty, injunction or other appropriate relief awarded in an action brought pursuant to subsection c. of this section, the court may award the prevailing party reasonable attorney's fees and costs.
Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?
New Jersey AG proposed a rule to clarify discrimination caused by disparate impact, however, it is unclear if this rule applies.
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Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law?
If a student has a complaint or needs information regarding discrimination, he or she may contact his or her local school district’s affirmative action officer. The complaint forms should be filled out by a parent or guardian and sent to the principal.
Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?
The LAD prohibits retaliation against a person for complaining about, reporting, or cooperating in an investigation of alleged discrimination or biased-based harassment, or otherwise exercising or attempting to exercise their rights under the law. For example, an employer cannot fire, demote, or otherwise penalize an employee for reporting sexual harassment to human resources and a housing provider cannot attempt to evict someone for reporting housing discrimination to DCR.
https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/njlad/
“We hold that, in a case alleging retaliation under the LAD, the plaintiff bears the burden of proving that his or her original complaint was made reasonably and in good faith. State conversely, an unreasonable, frivolous, bad-faith or unfounded complaint cannot satisfy the statutory prerequisite necessary to establish liability for retaliation under the LAD.” Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 359 (2007).
Protection against retaliation embodied in Law Against Discrimination (LAD) is broad and pervasive and must be seen as necessarily designed to promote integrity of underlying antidiscrimination policies of LAD by protecting against reprisals “any person” who has sought to protect his own rights or has acted in support of such conduct. Craig v. Suburban Cablevision, Inc., 274 N.J.Super. 303, 644 A.2d 112 (A.D.1994), leave to appeal granted 139 N.J. 181, 652 A.2d 171, affirmed 140 N.J. 623, 660 A.2d 505.
Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?
“After carefully considering the purposes of LAD and of statutes of limitations, we conclude that a single statute of limitations should apply to all LAD claims. Finding that injuries under LAD are most like personal-injury claims, we further conclude that the two-year personal-injury statute of limitations should apply.” Montells v. Haynes, 133 N.J. 282, 286 (1993).
Are there areas where the state laws provide more protections than federal law? What are those areas?
Combatting bias crimes. The Division on Civil Rights took the lead on an inter-agency task force to combat youth bias incidents in the wake of a statewide report prepared by the Division and the New Jersey State Police showed a spike in bias incidents in New Jersey since 2016. Civil and criminal enforcement authorities within the Department of Law & Public Safety are committed not only to responding to bias incidents but also to identifying and addressing root causes of bias crimes. https://www.njoag.gov/programs/civil-rights/
Ensuring equal rights for people of all sexual orientations and gender identities. From pushing back on efforts to roll back federal anti-discrimination protections for the LGBTQ+ community to fighting for equality here in New Jersey, the Attorney General’s Office is committed to eliminating bias and discrimination based on sex and sexual orientation. In November 2019, the Attorney General issued a landmark order to all New Jersey law enforcement offices to ensure safe and respectful interactions with LGBTQ+ residents, including individuals who identify as transgender, gender non-conforming, and non-binary. https://www.njoag.gov/programs/civil-rights/
How do I file a complaint about discrimination in a K-12 public school in New Jersey?
Attorney General-- State Civil Rights Division (in conjunction with the AG’s Office)
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NJBIAS-Handbook-Complainants.pdf – how to file a complaint
Who is eligible to file (students, parents, advocates, others)?
Anyone who has faced discrimination in a protected category under the NJ Law Against Discrimination, NJ Family Leave Act, or the Fair Chance in Housing Act.
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
You have to first fill out an intake form. You can fill it out online by creating an account and using the NJ Bias Investigation Access System (NJBIAS)• By calling 1.833.NJDCR4U and asking a DCR receptionist to assist you in filling out the form on the NJ Bias Investigation Access System (NJBIAS)
NJBIAS is available in English and Spanish. DCR also offers translation services for people with limited English proficiency who speak other languages. Call 1.833.NJDCR4U (833-653-2748) or email at NJDCR4U@njcivilrights.gov to request assistance with NJBIAS in a language other than English or Spanish.
To request a disability-related accommodation, please call 1.833.NJDCR4U (833-653-2748)(voice), call the Relay Service at 711, or email NJDCR4U@njcivilrights.gov.
How to initiate the process (relevant websites, standard forms, submission locations)
To submit an intake form you will need the specific facts and any records about the incident, and copies of any documents that support your complaint. This may include:• The names and contact information of the entity or people that you believe violated your rights under the LAD and/or FLA;• The names and contact information of potential witnesses;• Documents, text messages, or emails that support or relate to your allegations;
After you submit an intake form, a DCR investigator will contact you by phone to conduct an intake interview. During the interview, the investigator will gather any information necessary to determine whether DCR has jurisdiction over your complaint (i.e., whether you are alleging a violation of the LAD or NJFLA that occurred within the past 180 days).
If DCR does have jurisdiction over your complaint, DCR will prepare a verified complaint form for your signature. Once you sign the verified complaint, you are known as the Complainant.
Can complaints be filed anonymously or confidentially?
N/A
Are there language access requirements for complaint processes?
Yes. DCR provides free and confidential interpretation services.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
You must have specific facts, records or documentation of the incident, along with the completed intake form.
Can complainants have advocates or legal representation?
Yes.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Although it is not a requirement, any party that appears before DCR may be represented by an attorney. Attorneys are required to file a Notice of Appearance with DCR.
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Learn How To File A Complaint | New Jersey Office of Attorney General
What are the required elements of the civil rights claim?
In order to file a complaint with DCR, you must first submit an intake form. You can submit the intake form:• Online by creating an account and using the NJ Bias Investigation Access System (NJBIAS)• By calling 1.833.NJDCR4U and asking a DCR receptionist to assist you in filling out the form on the NJ Bias Investigation Access System (NJBIAS)
To submit an intake form you will need the specific facts and any records about the incident, and copies of any documents that support your complaint. This may include:• The names and contact information of the entity or people that you believe violated your rights under the LAD and/or FLA;• The names and contact information of potential witnesses;• Documents, text messages, or emails that support or relate to your allegations;
Who reviews claims and what timeframes apply?
If DCR has jurisdiction over your complaint, DCR will prepare a verified complaint form for your signature. Once you sign the verified complaint, you are known as the Complainant.
DCR will then serve the verified complaint on the party that you allege violated the law, known as the “Respondent.” The Respondent is required to respond to the allegations in the complaint by filing an Answer and Position Statement and providing DCR with any evidence that supports its position. You will be permitted to review the Respondent’s Answer and Position Statement.
DCR also offers free dispute resolution services to parties who wish to resolve the complaint on mutually agreeable terms. A voluntary resolution can be negotiated at any time during the complaint or investigation process. Please note on your intake form if you are interested in DCR’s free dispute resolution services.
What type of investigation may occur?/ Who participates in investigations?
After you submit an intake form, a DCR investigator will contact you by phone to conduct an intake interview. During the interview, the investigator will gather any information necessary to determine whether DCR has jurisdiction over your complaint (i.e., whether you are alleging a violation of the LAD or NJFLA that occurred within the past 180 days).
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
After the Respondent has submitted an Answer and Position Statement, your case will be assigned to a DCR investigator. All information and evidence submitted by the parties will be reviewed and analyzed by the investigator who will determine whether additional evidence is needed. DCR investigators use several investigative tools to gather evidence including witness interviews, site visits, a review of relevant documentary evidence, and/or a fact-finding conference.
It is important that you preserve all relevant evidence, including electronically stored evidence such as text and email messages, until your case has concluded.
What privacy/confidentiality protections exist?
Retaliation against a person who files a complaint or participates in an investigation at DCR is prohibited by law. One may notify the investigator if, during or after an investigation, they believe that they or someone else has been retaliated against for participating in DCR’s investigation.
Are school districts required to publicly post civil rights complaint procedures?
School districts must widely publicize adequate notice of their policies, procedures, and practices prohibiting harassment and for reporting, investigating, and resolving complaints. School districts have a legal responsibility not only to respond appropriately but also to be proactive in preventing harassment and discriminatory conduct from occurring through practices that comply with standards governing students’ civil rights and discrimination. Civil Rights Liability | School Liability Expert Group
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What is the appeals process, if any?
If no voluntary resolution of your complaint is reached, DCR will complete its investigation and determine whether there is sufficient evidence to support a reasonable suspicion that the law was violated in your case.
If DCR determines there is sufficient evidence to support a reasonable suspicion that the law was violated in your case, it will issue a “Finding of Probable Cause.” Once DCR issues a Finding of Probable Cause, the case will go to conciliation, where the parties will have the opportunity to negotiate a voluntary resolution. If no voluntary resolution is reached, DCR will appoint a Deputy Attorney General to prosecute the case either in the Office of Administrative Law or in Court. While you are free to hire your own attorney, it is not necessary for you to do so.
If DCR determines there is not sufficient evidence to support a reasonable suspicion that the law was violated in your case, it will issue a “Finding of No Probable Cause.” A Finding of No Probable Cause is a final determination by DCR on the merits of your claim.
You may appeal a Finding of No Probable Cause with the Appellate Division, New Jersey’s intermediate court, within 45 days after you are served with a Finding of No Probable Cause. If you fail to file an appeal within 45 days, you will lose your right to have the Court review the Director’s determination. In addition, if DCR has issued a finding of no probable cause in your case, you may not file the same allegations in a new complaint in Superior Court. Instead, you may only appeal DCR’s decision to the Appellate Division.
Are remedies legally enforceable once a violation is found? What enforcement mechanisms exist for non-compliance?
If DCR finds that a violation of the Law Against Discrimination or Family Leave Act occurred in your case, it can order the respondent to remedy the harm caused by its conduct. That may include the payment of money damages, including compensatory damages (lost wages and out of pocket expenses), damages for pain and humiliation, and attorneys’ fees. DCR can also order other make-whole relief, such as job reinstatement or granting you access to housing. It can also order equitable or affirmative relief to prevent discrimination or harassment from recurring, including requiring respondents to create new policies, procedures, or programs; hire new staff; undergo training; or take other affirmative measures.
Do state agencies publish complaint outcome data?
Yes. Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) today announced that DCR has taken enforcement action in 20 cases alleging violations of the New Jersey Law Against Discrimination’s (LAD) prohibition against denying the opportunity to obtain housing because of a prospective tenant’s source of lawful income, such as government rental assistance. In 15 of these cases, DCR issued Findings of Probable Cause alleging discrimination based on source of lawful income. In another five cases, DCR announced that they have finalized consent decrees with property owners, property managers, and real estate brokers, obtaining over $105,000 in relief from those respondents for alleged violations of the LAD.
In the 15 Findings issued today, DCR found probable cause to conclude that 35 respondents across New Jersey – including property owners and property managers, as well as real estate agents and real estate brokerages – violated the LAD by denying individuals seeking rental housing the opportunity to rent based on their receipt of government rental assistance. AG Platkin and Division on Civil Rights Announce Enforcement Actions in 20 Cases Involving Housing Discrimination Against Recipients of Rental Assistance | New Jersey Office of Attorney General
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Guidance on Discrimination in School Discipline
Microsoft Word - Rec. 3 School Discipline Guidance_8.24.23_Final Formatted_Clean
State Attorney General Enforcement Actions
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Has the AG taken civil rights actions involving education in the past 5 years?
The AG has not issued an opinion involving education since 2017.
NJ AG Matthew Platkin has joined 15 other Democratic state AGs in issuing guidance to schools of all levels regarding diversity, equity, inclusion and accessibility initiatives.
What enforcement powers does the AG possess in education-related cases?
The Attorney General enforces anti-discrimination laws under the New Jersey Law Against Discrimination (NJLAD) (N.J.S.A. 10:5-1 et seq.), addressing violations related to race, gender, disability, sexual orientation, and other protected characteristics.
Through the Division on Civil Rights (DCR), the office investigates and prosecutes discriminatory practices by businesses, landlords, and government entities. Attorney General of New Jersey: Powers, Duties, and Oversight - LegalClarity
Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)
Visit bias.njcivilrights.gov to file a complaint with the Division on Civil Rights. You can file a complaint alleging a violation of the New Jersey Law Against Discrimination (LAD), New Jersey Family Leave Act (FLA), or the Fair Chance in Housing Act (FCHA).
The NJBIAS Handbook for Complainants and the NJBIAS Handbook for Respondents resolve most questions. For further support, one can email njbiastechsupport@njcivilrights.gov or call NJBIAS Support at 862-350-5150.
Learn How To File A Complaint | New Jersey Office of Attorney General
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Does the AG have an office/section dedicated to education or education civil rights issues?
The New Jersey Division on Civil Rights, through the Education and Training Unit, proactively educates the public about the Law Against Discrimination and how to recognize and prevent acts of discrimination and bias-based harassment through interactive virtual and in-person training.
Other State Enforcement Systems
Department of Education
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Filing a Complaint pursuant to N.J.A.C. 6A:28-6 et seq.
Any person may file a complaint with the School Ethics Commission (Commission) alleging that a school official has violated the School Ethics Act (Act). A school official includes any board member, a member of a board of trustees, an administrator, or an employee or officer of the New Jersey School Boards Association, but not including any member of the secretarial, clerical or maintenance staff. https://www.nj.gov/education/ethics/home/2%20-%20Directions%20for%20Filing%20a%20Complaint.pdf
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A complaint must include a citation to that portion of the Act which the complainant(s) believes was violated by the respondent(s). Please note that N.J.S.A. 18A:12- 22 is the provision of the Act which sets forth the Legislature’s findings and declarations, and does not contain standards that are enforceable by the Commission; therefore, it should not be cited as a potential ethics violation. The complainant(s) must file a complaint with the Commission either by mail, or by email. If filed by mail, the complainant(s) must include an original hardcopy with related exhibits, along with one copy of such complaint and related exhibits, and an additional copy of the complaint and related exhibits for each named respondent(s). If filed by email, the complainant(s) must still file a hardcopy of the complaint and related exhibits for each named respondent(s). Complaints should be mailed to the Commission, c/o New Jersey Department of Education, P.O. Box 500, Trenton, New Jersey 08625, and electronic submissions should be sent as an attachment to school.ethics@doe.nj.gov. Following receipt of a complaint, the Commission’s staff will review the filing to determine whether it complies with the requirements set forth in N.J.A.C. 6A:28-6 et seq. If the complaint is compliant with the regulations, the Commission will serve the respondent(s) with the complaint. If it does not meet the requirements, the Commission will direct the complainant(s) to cure any noted deficiencies.
Types of Complaints
(1) A complaint alleging violations of N.J.S.A. 18A:12-24 (Prohibited acts) can be filed against any school official.
(2) A complaint alleging violations of N.J.S.A. 18A:12-24.1 (Code of Ethics for School Board Members) can only be filed against a board member or a charter school trustee. Violations of N.J.S.A. 18A:12-24.1 cannot be filed against an administrator. In order to establish a violation of N.J.S.A. 18A:12-24.1, the complainant(s) must provide the factual evidence required by N.J.A.C. 6A:28- 6.4.
(3) A complaint alleging violations of N.J.S.A. 18A:12-24 (Prohibited acts) and N.J.S.A. 18A:12-24.1 (Code of Ethics for School Board Members) can only be filed against a board member or a member of the board of trustees, and cannot be filed against an administrator. https://www.nj.gov/education/ethics/compform.shtml
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Appeals are to the Superior Court-Appellate Division pursuant to N.J. Court Rule 2:2-3(a). Parties interested jointly, severally, or otherwise in a judgment, order, decision or action may join in an appeal therefrom or may appeal separately. https://www.nj.gov/education/ethics/appeals.shtml#:~:text=Appeals%20are%20to%20the%20Superior%20Court-Appellate%20Division%20pursuant,the%20Commissioner%20in%20accordance%20with%20N.J.A.C.%206A%3A4%2C%20Appeals.
Affirmative Action Officers (state and local)
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Each school district is required to have a designated Affirmative Action Officer.
The affirmative action officer shall:
A. Coordinate the required professional development training for certificated and non-certificated staff;
B. Notify all students and employees of district grievance procedures for handling discrimination complaints; and
C. Ensure that the district grievance procedures, including investigative responsibilities and reporting information, are followed.
The affirmative action team shall:
A. Develop the comprehensive equity plan in compliance with administrative code;
B. Oversee the implementation of the district’s comprehensive equity plan;
C. Collaborate with the affirmative action office in coordinating the required professional development training;
D. Monitor the implementation of the comprehensive equity plan; and
E. Conduct the annual district internal monitoring to ensure continuing compliance with state and federal law and code governing educational equity.
The Form is called an HIB Form
https://www.nj.gov/education/safety/sandp/hib/docs/HIB_Incident_Form_ForFamilies.pdf
Harassment, Intimidation and Bullying (HIB) forms come in other languages.
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Parent/guardian is to fill out the HIB form. The form should be sent to the principal
All students, employees, and parents have the right to immediately report suspected violations of the Stat Policy Prohibiting Discrimination in the workplace, N.J.A.C.4A:7-3.1. If you believe that you have been subject to discrimination based on race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, genders, religion, disability, familial status, or military service status, you may seek a remedy from the School District by filing a complaint in accordance with these procedures.
The following Complaint Procedures are available to the entire school community including but not limited to students, employees, and parents. All complaints will be investigated.
II. Filing a Complaint
In keeping with federal/state antidiscrimination legislation, the Board of Education has adopted and hereby published the Grievance procedure provided for the resolution of student, employee, and parent complaints.
1. Procedure
a. Step One: The grievant must present the complaint in written form to the responsible person designated as the Affirmative Action Officer. See Complaint Form.
b. Step Two: The Affirmative Action Officer has five (5) working days in which to investigate and respond to the grievant. A copy of the complaint and the response by the Affirmative Action Officer will be forwarded to the CSA.
c. Step Three: If not satisfied, the grievant may appeal within ten (10) working days to the Superintendent or designee (not Affirmative Action Officer).
d. Step Four: Response by the Superintendent or designee will be given within five (5) working days.
e. Step Five: If the grievant is not satisfied at this level, an appeal may be made to the Board of Education, which will hear the complaint at the next regular meeting or within thirty (30) calendar days. Local Board hearing shall be conducted so as to accord due process to all parties involved in the complaint such as written notice of hearing dates, right to counsel, right to present witnesses, right to cross-examine and to present written statement. The decision of the Board shall be by a majority of the members at a meeting, which shall be public.
f. Step Six: The Merchantville Board of Education shall respond to the grievant within thirty (30) calendar days.
g. Step Seven: If the grievant is not satisfied with Board’s decision, the grievant can have it referred to the County Superintendent of Schools.
h. Step Eight: The grievant maintains the right to by-pass the grievance procedure and submit the complaint directly to any of all of the following agencies:
i. The Commission Of Education Bureau of Controversies and Disputes
New Jersey Department of Education
PO Box 500
Trenton, New Jersey 08625
Phone: 609-292-5705
ii. New Jersey Division on Civil Rights
140 East Front Street, 6th Floor
PO Box 090
Trenton, NJ 08625-0090
609-292-4605 or TDD 609-292-1785
III. Record
a. The records of any complaint processed in accordance with this procedure shall be kept in a file maintained by the Affirmative Action Officer.
b. A copy of the decision rendered at its highest level of appeal will be kept in the complainant’s personnel file.
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Differs slightly by school district. Most appeals must be in writing to the Superintendent