N.J. Admin. Code § 6A:16-7.2

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

Section 6A:16-7.2 - Short-term suspensions

(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.

N.J. Admin. Code § 6A:16-7.2

Administrative Change, 48 N.J.R. 1802(a).