N.J. Admin. Code § 6A:16-7.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 6A:16-7.3 - Long-term suspensions

(a) In each instance of a long-term suspension, the district board of education shall assure the rights of a student suspended for more than 10 consecutive school days by providing the following:

1. Notification to the student of the charges prior to his or her removal from school;

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 long-term suspension and is provided notice of the school district's actions taken pursuant to 6A:16-7.1(c)2 and 5;

3. Immediate notification to the student's parents of the student's removal from school;

4. Appropriate supervision of the student while waiting for the student's parents to remove the student from school during the school day;

5. Written notification to the parents by the chief school administrator or his or her designee within two school days of the initiation of the suspension, stating:

i. The specific charges;

ii. The facts on which the charges are based;

iii. The student's due process rights, pursuant to 6A:16-7.1(c)3 and this section; and

iv. Further engagement by the student in conduct warranting expulsion, pursuant to 18A:37-2, shall amount to a knowing and voluntary waiver of the student's right to a free public education, in the event that a decision to expel the student is made by the district board of education, pursuant to 18A:37-2 and 6A:16-7.4.

(1) The district board of education shall request from the parent(s) and student written acknowledgement of the notification provided pursuant to (a)5iv above subsequent to the removal of the student from his or her educational program, pursuant to this section;

6. A list of witnesses and their statements or affidavits, if any, no later than five days prior to the formal hearing, pursuant to (a)10 below;

7. For a student with a disability, a manifestation determination, pursuant to 6A:14-2.8 and the Federal rules incorporated by reference therein;

8. Information on the student's right to secure an attorney and legal resources available in the community identified pursuant to 6A:16-7.1(c)7;

9. Either in-or out-of-school educational services that are comparable to those provided in the public schools for students of similar grades and attainments, pursuant to 18A:38-25, which may include a public education program provided in accordance with N.J.A.C. 6A:16-9 or 10.

i. The student's educational services shall be provided within five school days of the suspension.

ii. The district board of education shall make decisions regarding the appropriate educational program and support services for the suspended general education student based on the New Jersey Student Learning Standards and the following considerations:

(1) A behavioral assessment or evaluation including, but not limited to, a referral to the child study team, as appropriate;

(2) The results of relevant testing, assessments, or evaluations of the student;

(3) The student's academic, health and behavioral records;

(4) The recommendation of the chief school administrator, principal or other relevant school or community resource;

(5) Considerations of parental input; or

(6) Consultation with the intervention and referral services team, in accordance with N.J.A.C. 6A:16-8.

iii. Educational services provided to a student with a disability shall be provided consistent with N.J.A.C. 6A:14.

10. A formal hearing before the district board of education that shall, at a minimum:

i. Be conducted by the district board of education or delegated by the board to a board committee, a school administrator, or an impartial hearing officer for the purpose of determining facts or making recommendations.

(1) Before taking final action, the district board of education as a whole shall receive and consider either a transcript or detailed report on the hearing;

ii. Include the opportunity for the student to:

(1) Confront and cross-examine witnesses if there is a question of fact; and

(2) Present his or her own defense, and produce oral testimony or written supporting affidavits;

iii. Take place no later than 30 calendar days following the day the student is suspended from the general education program; and

iv. Result in the district board of education's decision that shall be based, at a minimum, on the preponderance of competent and credible evidence;

11. A written statement to the student's parents regarding the district board of education's decision within five school days after the close of the hearing. The statement shall include, at a minimum:

i. The charges considered;

ii. A summary of the documentary or testimonial evidence from both the student and the administration that was brought before the district board of education at the hearing;

iii. Factual findings relative to each charge and the district board of education's determination of each charge;

iv. Identification of the educational services to be provided to the student, pursuant to (a)9 above;

v. The terms and conditions of the suspension; and

vi. The right to appeal to the Commissioner the district board of education's decision regarding the student's general education program, in accordance with 18A:37-2.4 and 6A:3-1.3 through 1.17;

12. If at any time it is found that the student did not commit the offense, the student shall be immediately returned to the program from which he or she was removed; and

13. At the completion of a long-term suspension, the district board of education shall return a general education student to the general education program.

(b) An appeal of the district board of education's decision regarding the general education student's program shall be made to the Commissioner, in accordance with 18A:37-2.4 and 6A:3-1.3 through 1.17.

(c) Suspension of a general education student shall not be continued beyond the district board of education's second regularly scheduled meeting following the suspension, unless the district board of education so determines, pursuant to 18A:37-5.

1. The district board of education shall determine whether to continue the suspension, pursuant to (a) above, based on the following criteria:

i. The nature and severity of the offense;

ii. Its removal decision;

iii. The results of relevant testing, assessments, or evaluations of the student; and

iv. The recommendation of the chief school administrator, after considering input from the principal or director of the alternative education program or home or other in-school or out-of-school instruction program in which the student has been placed.

2. The district board of education shall develop and adopt policies and procedures providing for action on the continuation of student suspensions in the event of cancellation of the first or second regular board meeting pursuant to 18A:37-4 and 5.

(d) When the district board of education votes to continue a general education student's suspension, it shall review the case, in consultation with the chief school administrator, at each subsequent district board of education meeting for the purpose of determining:

1. The status of the student's suspension;

2. The appropriateness of the suspended student's current educational program; and

3. Whether the suspended student's current placement, pursuant to (a)9 above, should continue or whether the student should return to the general education program.

(e) When the district board of education votes to continue a general education student's suspension, it shall make, in consultation with the chief school administrator, the final determination on:

1. When the student is prepared to return to the general education program;

2. Whether the student will remain in an alternative education program or receive home or other in- or out-of-school instruction, based on the criteria set forth in (c)1i through iv above; or

3. Whether to initiate expulsion proceedings in accordance with 18A:37-2 and N.J.A.C. 6A:16-7.4.

(f) The district board of education shall provide a general education student suspended under this section with an appropriate educational program or services, based on the criteria set forth under (a)9ii above, until the student graduates from high school or reaches the age of 20, whichever comes first.

1. The educational program shall be consistent with 6A:16-9.2 and 10.2 and 6A:14-2 and 4.3, whichever is applicable; or

2. 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.

(g) For a student with a disability who receives a long-term suspension, the district board of education shall proceed in accordance with N.J.A.C. 6A:14 in determining or changing the student's educational placement to an interim or alternate educational setting.

1. All procedural protections set forth in N.J.A.C. 6A:14 and this section shall be afforded to a student with a disability who is subjected to a long-term suspension.

2. All decisions concerning the student's educational program or placement shall be made by the student's individualized education program team.

3. The provisions of (b) through (f) above shall not apply to students with disabilities.

N.J. Admin. Code § 6A:16-7.3

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