N.J. Admin. Code § 6A:16-5.6

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:16-5.6 - Removal of students for assaults with weapons offenses

(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.

1. The chief school administrator may modify on a case-by-case basis the removal of a general education student.

2. Nothing in this section shall be construed to prohibit the expulsion of a general education student.

(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:

1. Remove a student as set forth in (a) through (c) above;

2. Isolate the student and place him or her under the supervision of school staff until the student's parent or a law enforcement official takes custody of the student;

3. Immediately report to the chief school administrator the removal of the student;

4. Notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice; and

5. Notify the student's parent of the following information:

i. The removal action;

ii. The law enforcement notification;

iii. The change of custody, if it occurs; and

iv. A general education student's due process rights, pursuant to 6A:16-7.2 through 7.5 or a student with a disability's due process rights, as set forth in 6A:14-2.7 and 2.8 and 6A:16-7.2 through 7.5.

(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.

1. If placement in an alternative education program is not available, the general education student shall be provided home or other out-of-school instruction, according to N.J.A.C. 6A:16-10, until placement is available.

(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:

1. The nature and severity of the offense;

2. The district board of education's removal decision;

3. The results of relevant testing, assessment or evaluation of the student; and

4. The recommendation of the principal or director of the alternative education program or home or other out-of-school instruction program in which the student has been placed.

(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.

1. The chief school administrator shall not provide authorization to a student who has been convicted or adjudicated delinquent for possession of a firearm or weapon or for a crime involving the use of a firearm.

(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.

N.J. Admin. Code § 6A:16-5.6

Administrative correction.
See: 33 N.J.R. 3034(b).
Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote the rule heading and the section.
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (d)2, inserted "student's" and "a"; in introductory paragraph of (e), substituted ", other than a student with a disability," for "that is"; in (h), substituted "did not commit" for "is not guilty of"; in (i)3, substituted "assessment" for "assessments"; and in ( l), substituted "disseminate" for "make available" and deleted the comma following "students".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.