New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT
Subchapter 7 - STUDENT CONDUCT
Section 6A:16-7.4 - Expulsions
Universal Citation: NJ Admin Code 6A:16-7.4
Current through Register Vol. 56, No. 6, March 18, 2024
(a) A district board of education may expel a general education student from school, pursuant to 18A:37-2, only after the district board of education has provided the following:
1. The procedural due process rights set forth at 6A:16-7.1(c)3 and 7.3, subsequent to a long-term suspension, pursuant to 6A:16-7.3; and
2. An appropriate educational program or service, based on the criteria set forth at 6A:16-7.3(f).
i. The educational program or service shall be consistent with the provisions of 6A:16-9.2 and 10.2 and 6A:14-2 and 4.3, whichever are applicable; or
ii. The educational services provided, either in or out of school, shall be comparable to those provided in the public schools for students of similar grades and attainments, pursuant to 18A:38-25.
(b) An appeal of the district board of education's decision regarding the cessation of the student's general education program shall be made to the Commissioner in accordance with 18A:6-9 and 6A:3-1.3 through 1.17.
1. A district board of education shall continue to provide an appropriate educational program or service in accordance with (a)2 above until a final determination has been made on the appeal of the district board of education's action to expel a student.
(c) A student with a disability shall only be expelled from his or her current program in accordance with N.J.A.C. 6A:14.
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