N.J. Admin. Code § 6A:16-7.1

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

Section 6A:16-7.1 - Code of student conduct

(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.

N.J. Admin. Code § 6A:16-7.1

Administrative Change, 47 N.J.R. 2634(a).