N.J. Admin. Code § 6A:16-7.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 6A:16-7.4 - Expulsions

(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.

N.J. Admin. Code § 6A:16-7.4

Recodified from N.J.A.C. 6A:16-7.5 and 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. Former N.J.A.C. 6A:16-7.4, Mandated student removals from general education, repealed.