Montclair, NJ School Board Receives Antibullying Training, Then Gets Sued
Montclair Board of Education building; via Wikipedia.
Montclair Public Schools have been under scrutiny for how they handle harassment, intimidation and bullying. In March, a whistleblower lawsuit claimed that antibullying coordinator Maggie Shaver Dock was dismissed after refusing to alter reports at the request of then Superintendent Jonathon Ponds. The district has denied those allegations.
At its August meeting, the Board of Education brought in David Nash, director of the LEGAL ONE program, for its annual training on what New Jersey law requires when schools investigate harassment, intimidation and bullying, commonly called HIB. The session reviewed the legal definition of bullying, how investigations must be conducted, and how bias related incidents are handled.
“Probably each one of us if we’re asked to individually define what we mean by the word bully, we’d each have our own variation of that,” Nash said. He emphasized that New Jersey’s definition is specific and that it includes targeting due to an actual or perceived distinguishing characteristic such as race, ethnicity or gender.
“It is important to keep in mind that under New Jersey law, we are looking through the eyes of the alleged victim when we ask that question about whether someone was targeted because of a perceived characteristic,” Nash said. He also explained that investigators look for a change in the alleged victim’s baseline behavior, such as being fearful of coming to school or being less social, and a specific harm that can be documented, whether physical or mental.
When an HIB investigation is conducted, the district uses a 338 form to document the incident. Personnel such as an antibullying specialist must be in place to conduct investigations, and the Board of Education must vote to affirm, deny, or modify the conclusion of each HIB investigation. For bias related acts, state law requires contacting local law enforcement and the county prosecutor. Addressing concerns from Board President Mfreke “Monk” Inyang about student records, Nash clarified that “In the majority of cases, there is no launching of a criminal investigation.”
Superintendent Ruth B. Turner told Montclair Local that she is personally committed to addressing bullying. “I grew up being bullied in school because even though it was a Black and brown community, I was different,” she said, explaining that she was targeted because of her accent and the ethnic food she brought for lunch. Turner said she was impressed by the state antibullying statutes and HIB laws.
This training occurred as the district continued to field questions about HIB compliance. In its 2023 to 2024 self assessment, Montclair scored 67 out of 78 overall, with individual school scores ranging from 60 at Glenfield Middle School to 73 at Hillside Elementary. Earlier in the year, the district settled a civil rights complaint from the 2021 to 2022 school year alleging a teacher discriminated against Jewish students by mocking their beliefs, and as part of the settlement the district agreed to investigate and review its Title VI policies. The district had also been placed on a corrective action plan after an August 2019 Office for Civil Rights complaint from a family who reported more than 50 bullying incidents involving their African American daughter at Buzz Aldrin Middle School.
Just days ago, a former student and his family sued the Montclair school board, alleging district members ignored his repeated reports of ruthless bullying by several students and instead upheld a claim against him in a way that chilled further reporting. The new complaint also references the separate whistleblower suit that alleges multiple administrators worked to suppress and alter HIB reports before they could be logged with the state.
The irony is clear. On one hand the district hosted a detailed legal training on how to investigate HIB cases and respond to bias incidents. On the other hand it now faces a lawsuit alleging the very failures that training is designed to prevent. For parents this contrast raises urgent questions about whether formal policies translate into action when a child is targeted.
Families should also know that New York has its own school climate requirements under the Dignity for All Students Act known as DASA. Legal Ally founder, attorney Adam T. Mandell has completed DASA training and brings a practical understanding of how these policies are supposed to work day to day. He formerly represented school districts and now focuses on representing families in bullying cases, giving him insight into both sides of the process.
If your child reports harassment, intimidation, or bullying, document each incident in detail, request a written HIB report number or equivalent tracking form, and follow up in writing after every meeting. Ask who the antibullying specialist is, what the investigation timeline will be, and when the Board will review the findings. If bias is involved, confirm that required contacts with law enforcement were made and whether any supportive safety measures were put in place for your child.
Legal options vary by state and by the facts. Claims can involve violations of state antibullying laws, discrimination under Title VI or Title IX, disability based harassment under Section 504 or the ADA, and state tort claims when negligence causes harm. The specifics matter, and early legal guidance can help families secure safety plans, corrective actions, and where appropriate compensation for harm.
If Your Child Is Being Bullied, We’re Here to Help
If your child has experienced bullying, hazing, or sexual harassment at school, you may have legal options. At Legal Ally, attorney Adam T. Mandell brings over 15 years of experience defending school districts. That background gives him a powerful advantage when fighting for the rights of students and families now. Whether the abuse happened in New York or elsewhere, Legal Ally is here to help. Contact us today for a confidential case review. Legal Ally represents school bullying victims in New York State. If the incident happened in another state, Legal Ally may help refer you to an experienced, skilled anti-bullying attorney in that state.
Contact Legal Ally today to request a free case review.