How to Complete and Submit the HIB 338 Form: Filing and Appeals

The HIB 338 form is New Jersey’s standardized report for harassment, intimidation, or bullying in public schools, published by the New Jersey Department of Education in two versions: one for school staff and one for families.¹ Parents and students use the family version; every district must accept it and open an investigation on a tight statutory timeline once the principal receives it.

Which Version of the Form You Need

Parents, guardians, and students fill out the family version of the HIB 338. Putting your concern in writing creates a formal record the school cannot treat as a casual conversation.²

The staff version is a mandatory reporting form for school employees and contracted service providers. Any staff member who witnesses bullying or receives reliable information about it must report verbally to the principal that same day and submit the written HIB 338 within two school days.³⁴ If a teacher or staff member told you they would file, you can still submit the family version yourself.

Where to Get the Form

Both versions are posted on the NJDOE’s HIB resource page and are available through individual school district offices. If the school is slow to produce a copy, download the PDF directly from the NJDOE site.

How to Fill Out the HIB 338

The form asks for identifying information: the targeted student, the student accused of bullying, the date and location of the incident, and any witnesses. Electronic communication is covered alongside physical and verbal conduct, so texts, DMs, and social media posts belong on the form.

The Narrative Section

The written description is the part of the form that drives the investigation. Stick to facts: who did what, when, where, and who else was present. Specifics beat summaries. “Student A sent three threatening text messages to Student B on October 5, which Student C also received” gives an investigator something to work with. “Student A has been bullying Student B for weeks” does not. Skip speculation about motives in the narrative itself; let the facts carry the account.

Protected Characteristics

The form asks whether the behavior appeared motivated by a protected characteristic. Under N.J.S.A. 18A:37-14, HIB covers conduct reasonably perceived as motivated by a student’s actual or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical, or sensory disability, or by any other distinguishing characteristic.¹ That final catch-all is deliberately broad. If you believe your child was targeted for any distinguishing trait, check the box and describe it in the narrative.

Showing It Is Bullying and Not Ordinary Conflict

Not every disagreement between students qualifies as HIB, and the distinction shapes how your report is handled. Normal peer conflict is a mutual disagreement where both students participate roughly equally and both generally want to resolve things. Bullying involves a power imbalance: one student uses physical size, social status, or access to a group to repeatedly target another student who cannot make it stop on their own. A one-time argument where both kids pushed back will usually be handled under the regular code of conduct rather than through an HIB investigation.

When you write the narrative, emphasize three things: any pattern of repeated behavior, the power differential between the students, and your child’s inability to stop it alone. Those elements move a report from “conflict” to “HIB” in the investigator’s assessment.

How to Submit the Form

Submit the completed form to the school principal. The principal is responsible for carrying out the district’s HIB policy, keeping the form on file, and forwarding a copy to the superintendent.²

You can hand-deliver the form to the school’s front office, send it by certified mail, or upload it through the district’s secure online portal if one exists. Whichever route you choose, get a date-stamped copy or written confirmation of receipt. Every deadline in the investigation runs from the date the principal receives the form, so proof of that date protects you if there is ever a dispute.

What Happens After You File

Filing the HIB 338 starts a statutory clock. The principal must begin an investigation within one school day of receiving the report, and the school’s Anti-Bullying Specialist leads it.³ The specialist is a designated staff member at every school whose job is to prevent, identify, and address HIB and to chair the school safety team. The principal can assign other staff to assist, but the specialist runs the investigation.

The investigation must be completed within ten school days of the day it began.³ During that window the specialist interviews witnesses, reviews evidence, and assesses the behavior’s impact on the targeted student. The principal must also inform the parents of all involved students about the incident on the same day and may discuss counseling or intervention services.

Results go to the superintendent within two days of the investigation closing. The superintendent reports to the board of education no later than the next regularly scheduled board meeting, and the board can affirm, reject, or modify the finding.³

You will receive written notice. Within five school days after the results are presented to the board, the school must provide the parents of both the targeted student and the accused student written information covering the nature of the investigation, whether HIB was found to have occurred, and whether discipline was imposed.⁵ The targeted student is also entitled to support services, which can include counseling and intervention programs.

If You Disagree With the Outcome

Either parent, whether of the targeted student or the accused, can request a hearing before the board of education. The right is granted under N.J.S.A. 18A:37-15(b)(6)(d), but the statute does not require the school to tell you about it, so you may need to assert the right on your own.⁵ Request the hearing in writing as soon as possible after you receive the investigation results.

The board meets in executive session and may hear from the Anti-Bullying Specialist about the incident, recommended discipline or services, and any programs being put in place. It then issues a written decision affirming, rejecting, or modifying the superintendent’s determination. If you are still unsatisfied, you can appeal to the New Jersey Commissioner of Education. If the bullying was motivated by a protected characteristic, you can also file a complaint with the New Jersey Division on Civil Rights.

Federal Civil Rights Complaint

When bullying targets a student based on race, sex, disability, or another characteristic protected by federal civil rights law and the district’s response is inadequate, you can file a separate complaint with the U.S. Department of Education’s Office for Civil Rights. The deadline is 180 calendar days from the last act of discrimination; if you filed an internal grievance with the district first, you have 60 days after the district tells you it will take no further action to file with OCR.⁶ An OCR complaint does not replace the state HIB process. It runs alongside it and looks at whether the district met its obligations under laws like Title IX and Section 504 of the Rehabilitation Act.

1
New Jersey Department of Education. Harassment, Intimidation and Bullying (HIB)
2
New Jersey Department of Education. HIB 338 Form Harassment, Intimidation, or Bullying (HIB) Reporting Form 2025-2026
3
Justia Law. New Jersey Revised Statutes 18A:37-15 – Adoption of Policy
4
New Jersey Department of Education. HIB 338 Form Harassment, Intimidation, or Bullying Mandatory Reporting Form 2025-2026
5
New Jersey Department of Education. Anti-Bullying Bill of Rights Act Q&A
6
U.S. Department of Education. OCR Discrimination Complaint Form