“No Hate in the Garden State”
By David Bander, Esq.
The New Jersey Attorney General’s Office has created a public awareness campaign and distributed new material emphasizing the state’s commitment to ensuring that all students and school employees are able to learn and work in a safe educational environment that is free from discrimination.
The initiative, “No Hate in the Garden State,” organizes relevant anti-bias materials in one place and allows simplified reporting of potential bias incidents, which can be reported anonymously. No Hate in the Garden State has its own website at nohatenj.gov.
Bias incidents are defined as any act that targets a person, group of people or property because of membership in a protected category. They can include behavior such as name calling, using offensive language or gestures and writing graffiti on property.
According to the attorney general, bias incidents have increased in New Jersey in recent years. In the state’s most recently released Bias Incident Report (see sidebar), there were 2,211 bias incidents reported in 2022. This is a 53% increase over the 1,447 incidents reported in 2020. Clearly, continued vigilance is needed.
For noncriminal incidents, the New Jersey Law Against Discrimination (LAD), the state’s primary anti-discrimination law offers recourse. The LAD protects students and school employees from discrimination or harassment based on race, sex, national origin, religion, sexual orientation, gender identity or expression and other protected characteristics. It also requires schools to respond to incidents, proactively address the potential for such incidents and take reasonable steps to end discrimination or harassment.
The guidance for K-12 schools (see sidebar) clarifies their role in meeting their obligations under the LAD and ensuring a supportive environment, including four key steps:
- Assess: Schools should comprehensively assess their current anti-bias policies and use data to review whether students in protected categories are disproportionately over-classified as having disabilities, underrepresented in advanced courses and programs or subjected to discipline.
- Educate: Schools should educate by providing professional development and anti-bias training, ensuring that instruction reflects the state’s curricular mandates and holding events throughout the school year to focus on bias prevention.
- Innovate: Schools should innovate by considering new approaches to school discipline and engaging families and community members in larger discussions.
- Reflect: Schools should reflect on how well they are living up to their goals, celebrate successes and openly reaffirm their commitment to preventing acts of bias. The guidance encourages collaboration to eliminate bias, and all members of the school community have an important role to play in this effort.
If you are interested in additional resources on this topic, please review the “No Hate in the Garden State” website and related materials at nohatenj.gov.
David Bander is an associate director of NJEA Legal Services and Member Rights in the NJEA Executive Office. He can be reached at dbander@njea.org.
Resources
No Hate in the Garden State website
New Jersey Office of the Attorney General
“Bias Incidence Report: 2021-2022”
New Jersey Division on Civil Rights