New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT
Subchapter 5 - SCHOOL SAFETY AND SECURITY
Section 6A:16-5.6 - Removal of students for assaults with weapons offenses
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each district board of education shall adopt and implement policies and procedures regarding a student who commits an assault, as defined under 2C:12-1(a)1, with a weapon, which includes, but is not limited to, items enumerated in 2C:39-1(r), except a firearm as defined by 2C:39-1(f) and 18 U.S.C. § 921, upon a teacher, administrator, other school board employee, district board of education member, or another student on school grounds, pursuant to 18A:37-2.2 through 2.5.
(b) A student as set forth in (a) above, other than a student with a disability, shall be immediately removed from the school's general education program for a period not exceeding one calendar year.
(c) Each district board of education shall immediately remove students with disabilities for assaults with weapons offenses in accordance with N.J.A.C. 6A:14 and applicable Federal regulations incorporated therein.
(d) The principal or his or her designee shall:
(e) A student, other than a student with a disability, removed from the general education program pursuant to (b) above shall be placed in an alternative education program, according to the requirements of N.J.A.C. 6A:16-9.
(f) A student with a disability removed pursuant to (a) and (c) above shall receive a placement in accordance with N.J.A.C. 6A:14.
(g) A student removed pursuant to (b) above shall be entitled to an informal hearing, pursuant to 6A:16-7.2 and 7.3, and a hearing before the district board of education pursuant to 6A:16-7.3.
(h) If it is found that the removed student did not commit the offense(s), the student shall be immediately returned to the program from which he or she was removed.
(i) The chief school administrator shall make the final determination on whether the general education student is prepared to return to the general education program or will remain in an alternative education program or receive home or other out-of-school instruction based on the following criteria:
(j) This section does not apply to a student who has obtained the chief school administrator's written authorization to lawfully possess a firearm or other weapon while participating in a school-sponsored function.
(k) Each chief school administrator biannually shall submit to the Commissioner a report on each incident and the circumstances surrounding the removal of students pursuant to (b) above utilizing the Electronic Violence and Vandalism Reporting System pursuant to 6A:16-5.3(e)1.
(l) Each district board of education annually shall disseminate to all school staff, students, and parents its adopted policies and procedures for implementing this section.