New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT
Subchapter 7 - STUDENT CONDUCT
Section 6A:16-7.1 - Code of student conduct
Universal Citation: NJ Admin Code 6A:16-7.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each district board of education shall develop, adopt, disseminate, and implement a code of student conduct that establishes standards, policies, and procedures for positive student development and student behavioral expectations on school grounds and, as appropriate, for conduct away from school grounds.
1. The code of student conduct may be based
on parent, student, and community involvement that represents, where possible,
the composition of the school district's schools and community.
2. The district board of education shall
establish a process for the annual review and update of the code of student
conduct.
3. The code of student
conduct shall be disseminated annually to all school staff, students and
parents.
4. The district board of
education shall provide to all district board of education employees annual
training on the code of student conduct, including training on the prevention,
intervention, and remediation of student conduct that violates the district
board of education's code of student conduct.
i. Information on the code of student conduct
shall be incorporated into the orientation for new employees.
5. The district board of education
shall provide for the code of student conduct's equitable
application.
6. For students with
disabilities subject to individualized education programs (IEPs) in accordance
with
20 U.S.C. §§
1400 et seq., the Individuals with
Disabilities Education Act and accommodation plans under
29 U.S.C.
§§
794 and
705(20),
the code of student conduct shall be implemented in accordance with the
applicable plans.
(b) The code of student conduct shall be established to achieve the following purposes:
1. Foster the health, safety, and
social and emotional well-being of students;
2. Support the establishment and maintenance
of civil, safe, secure, supportive and disciplined school environments
conducive to learning;
3. Promote
achievement of high academic standards;
4. Prevent the occurrence of problem
behaviors;
5. Establish parameters
for the intervention and remediation of problem student behaviors at all stages
of identification; and
6. Establish
parameters for school responses to violations of the code of student conduct
that take into account, at a minimum, the severity of offenses, the
developmental ages of student offenders and students' histories of
inappropriate behaviors in accordance with
6A:16-7.2 through 7.8, as
appropriate.
(c) The code of student conduct shall include, at a minimum:
1. A description of students'
responsibilities that includes expectations for academic achievement, behavior
and attendance, pursuant to N.J.A.C. 6A:32-8 and 12.1;
2. A description of behaviors that result in
suspension or expulsion, pursuant to
18A:37-2;
3. A description of students' rights to:
i. Advance notice of behaviors that result in
suspensions and expulsions that have been identified pursuant to N.J.S.A.
18A:37-2;
ii. Education that
supports students' development into productive citizens;
iii. Attendance in safe and secure school
environments;
iv. Attendance at
school irrespective of students' marriage, pregnancy or parenthood;
v. Due process appeal procedures and
policies, pursuant to
6A:3-1.3 through 1.17; N.J.A.C.
6A:4; and, where applicable,
6A:14-2.7 and 2.8, and
6A:16-7.2 through 7.5;
vi. Parent notification consistent with the
policies and procedures established pursuant to
6A:16-6.2(b)3,
this section, and
6A:16-7.2 through 7.8;
and
vii. Protections pursuant to
20 U.S.C. §
1232g, Family Educational Rights and Privacy
Act; 34 CFR 99, Family Educational Rights and Privacy;
20 U.S.C. §
1232h, Protection of Pupil Rights; 34 CFR
Part 98, Student Rights in Research, Experimental Programs, and Testing;
P.L.
104-191, Health Insurance Portability and
Accountability Act; 45 CFR 160, General Administrative Requirements;
20
U.S.C. §
7165, Transfer of school
disciplinary records; 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse
Patient Records;
18A:40A-7.1, Confidentiality of
certain information provided by pupils, exceptions;
6A:16-3.2, Confidentiality of
student alcohol and other drug information;
18A:36-19, Pupil records,
creation, maintenance and retention, security and access, regulations,
nonliability;
2A:4A-60, Disclosure of juvenile
information, penalties for disclosure; N.J.A.C. 6A:32-7, Student Records;
6A:14-2.9, Student records; as
well as other existing Federal and State laws and rules pertaining to student
protections;
4. A
description of comprehensive behavioral supports that promote positive student
development and the students' abilities to fulfill the behavioral expectations
established by the district board of education. The description of
comprehensive behavioral supports may include:
i. Positive reinforcement for good conduct
and academic success;
ii.
Supportive interventions and referral services;
iii. Remediation of problem behavior that
takes into account the behavior's nature, the students' developmental ages, and
the students' histories of problem behaviors and performance; and
iv. For students with disabilities, the
behavior interventions and supports shall be determined and provided pursuant
to N.J.A.C. 6A:14;
5. A
description of school responses to violations of behavioral expectations
established by the district board of education that, at a minimum, are graded
according to the severity of the offenses, and consider the developmental ages
of the student offenders and their histories of inappropriate behaviors that
shall:
i. Include a continuum of actions
designed to remediate and, where necessary or required by law, to impose
sanctions;
ii. Be consistent with
other responses, pursuant to
6A:16-5.5 through 5.7;
iii. Provide for the equitable application of
the code of student conduct without regard to race; color; religion; ancestry;
national origin; nationality; sex; gender; sexual orientation; gender identity
or expression; marital, domestic-partnership, or civil-union; mental, physical,
or sensory disability; or any other distinguishing characteristic, pursuant to
10:5-1 et seq.; and
iv. Be consistent with the provisions of
18A:6-1, Corporal punishment of
pupils;
6. Expectations
and consequences consistent with the district board of education's policies and
procedures on attendance, pursuant to
6A:16-7.6, and harassment,
intimidation, and bullying, pursuant to
6A:16-7.7; and
7. A current list of community-based health
and social service provider agencies available to support a student and the
student's family, as appropriate, and a list of legal resources available to
serve the community.
(d) A district board of education may deny participation in extracurricular activities, school functions, sports, graduation exercises or other privileges as disciplinary sanctions when designed to maintain the order and integrity of the school environment.
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