Current through Register Vol. 56, No. 18, September 16, 2024
(a) In each
instance of a short-term suspension, a district board of education shall assure
the rights of a student suspended for one, but not more than 10 consecutive
school days by providing for the following:
1. As soon as practical, oral or written
notice of charges to the student.
i. When
charges are denied, an explanation of the evidence forming the basis of the
charges also shall be provided;
2. Prior to the suspension, an informal
hearing during which the student is given the opportunity to present his or her
version of events regarding his or her actions leading to the short-term
suspension and is provided notice of the school district's actions taken
pursuant to
6A:16-7.1(c)2
and 5:
i. The informal hearing shall be
conducted by a school administrator or his or her designee;
ii. To the extent that a student's presence
poses a continuing danger to persons or property or an ongoing threat of
disrupting the educational process, the student may be immediately removed from
the student's educational program and the informal hearing shall be held as
soon as practical after the suspension;
iii. The informal hearing shall take place
even when a school staff member has witnessed the conduct forming the basis of
the charge; and
iv. The informal
hearing and the notice given may take place at the same time;
3. Oral or written notification to
the student's parents of the student's removal from his or her educational
program prior to the end of the school day on which the school administrator
decides to suspend the student. The notification shall include an explanation
of:
i. The specific charges;
ii. The facts on which the charges are
based;
iii. The provision(s) of the
code of student conduct the student is accused of violating;
iv. The student's due process rights,
pursuant to
6A:16-7.1(c)3
and this section; and
v. The terms
and conditions of the suspension.
4. Appropriate supervision of the student
while waiting for the student's parent to remove the student from school during
the school day; and
5. Academic
instruction either in school or out of school that addresses the New Jersey
Student Learning Standards.
i. The student's
academic instruction shall be provided within five school days of the
suspension.
ii. At the completion
of a short-term suspension, the district board of education shall return a
general education student to the general education program from which he or she
was suspended.
iii. The academic
instruction provided to a student with a disability shall be provided
consistent with N.J.A.C. 6A:14.
(b) The suspending principal shall
immediately report the suspension to the chief school administrator, who shall
report it to the district board of education at its next regular meeting,
pursuant to
18A:37-4.
(c) An appeal of the district board of
education's decision affecting the general education student's educational
program shall be made to the Commissioner, in accordance with
18A:37-2.4 and
6A:3-1.3 through 1.17.
(d) For a student with a disability, the
provisions of this section shall be provided in addition to all procedural
protections set forth in N.J.A.C. 6A:14.
