The Education Law Center, along with other New Jersey advocacy groups, is appearing before the New Jersey Superior Court, Appellate Division as an amicus in the landmark bullying case, L.W. v. Toms River Regional Schools Board of Education.

L.W., a high school student, has been subjected to intense anti-gay harassment by his peers since the fourth grade, as well as repeated physical assaults since the seventh grade. Notwithstanding the School Board’s awareness of the bullying, only minimal attempts were made by staff to stop the torment. Ultimately, L.W. was so traumatized that he was unable to return to school and he transferred to a school outside the District.

In 1999, L.W. filed a complaint against the District with the New Jersey Division of Civil Rights (DCR). In a strongly worded opinion in April 2004, DCR’s Director found that the District had violated New Jersey’s Law Against Discrimination, and ordered far-reaching relief. The District was ordered to revise all written policies to explicitly state that discrimination and harassment, including discrimination and harassment based on actual or perceived sexual orientation, is prohibited; train all staff regarding harassment; and, establish procedures for addressing complaints of harassment. The District was also ordered to pay L.W and his mother $60,000 as compensation for pain and humiliation, as well as pay a $10,000 statutory penalty to DCR. The District appealed the case in August 2004 and L.W. and amici filed opposition briefs with the Appellate Division in February 2005. Oral argument is anticipated.

According to Ruth Lowenkron, ELC Senior Attorney, "This case will decide the fundamental question of whether children in New Jersey are entitled to learn in an environment free of discriminatory harassment and bullying."

Prepared: April 12, 2005