New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 7 - STUDENT CONDUCT › Section 6A:16-7.3 - Long-term suspensions

Current through Register Vol. 56, No. 14, July 15, 2024
(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.