The critics’ concerns are not entirely trivial. The Anti-Bullying Bill of Rights has a lot of rules, including 18 pages of “required components.” Training staff will be a lot of work, and it will be expensive for cash-strapped school districts. Making matters worse, any estimate of extra costs, in terms of demands on existing staff and the possible need for outside consultants, is difficult; even the New Jersey’s legislature’s own fiscal estimate ducked the issue.
The law also contains a good deal of language that will be challenging to interpret. It defines bullying as, among other things, creating a hostile educational environment “by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student.” When does a schoolyard jibe or a mean comment in the cafeteria cross the line? It will require thoughtful interpretation.
The law will also, necessarily, thrust school officials into the tricky area of policing student expression, including statements made off campus. This puts schools in a bit of a bind: in several recent rulings, federal courts have reminded schools that they must respect the free-speech rights of their students, even when that speech is harsh or provocative. New Jersey’s law pushes schools in the opposite direction, requiring them to monitor and police certain kinds of speech.