reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.15 - Waiver process provided by statute

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A school
				district that has 20 or more students eligible for the bilingual education
				program in kindergarten through grade 12 may request annual approval from the
				Department to waive the requirement at
				N.J.A.C.
				6A:15-1.4(d)  and , instead,
				to establish an instructional program alternative if the school district is
				able to demonstrate that it would be impractical to provide a full-time
				bilingual program due to the age range, grade span, and/or geographic location
				of eligible students.
1. Instructional
				program alternatives that shall be established include, but are not limited to:
				the bilingual part-time program; the bilingual resource program; the bilingual
				tutorial program; the sheltered English instruction program; and the
				high-intensity ESL program.
2. All
				instructional program alternatives shall be designed to assist MLs to develop
				English language proficiency while learning the knowledge and skills for
				academic content areas to meet or exceed the NJSLS.
3. Instructional program alternatives shall
				be developed in consultation with the Department, based on student enrollment
				and achievement data.
4. A district
				board of education implementing instructional program alternatives annually
				shall submit to the Department student enrollment and achievement data that
				demonstrate the continued need for the programs.
5. Instructional program alternatives shall
				be approved annually by the Department based on the Department's review of
				student enrollment and achievement data.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.16 - State advisory committee on bilingual education

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Pursuant to
				N.J.S.A.
				18A:35-24, the State Board of Education shall
				establish a State advisory committee on bilingual education. The Commissioner
				shall appoint the members of the committee with representation from parents and
				families of MLs, institutions of higher education, bilingual and ESL teachers,
				district board of education members, school administrators, and community
				members.
(b) The committee shall
				advise the Department in the formulation of policies and procedures relating to
				N.J.S.A.
				18A:35-15 to 26.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 6A:16-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules specify minimum standards for district boards of
				  education in establishing policies and procedures and in operating programs to
				  support the social, emotional, and physical development of students. Programs
				  to support student development include school health services; physical
				  examinations; intervention and referral services; programs of substance use
				  prevention, intervention, and treatment referral; school safety and security;
				  student discipline; reporting of potentially missing, abused, or neglected
				  child situations; and home instruction and approved alternative education
				  programs. Included in the rules are standards for the delivery of home
				  instruction and school health services to nonpublic schools.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 6A:16-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules apply to the provision of programs and services for
				  all students in kindergarten through grade 12 by New Jersey public school
				  districts, charter schools, renaissance school projects, jointure commissions,
				  educational services commissions, and approved private schools for students
				  with disabilities (APSSDs) acting under contract to provide educational
				  services on behalf of New Jersey public school districts, unless otherwise
				  indicated. Throughout the chapter, "district board of education" refers to the
				  governing authority for all of the agencies identified in this section, unless
				  otherwise indicated. "District board of education" at
				  N.J.A.C.
				  6A:16-7.7 shall not refer to APSSDs, which
				  shall be governed by
				  N.J.A.C.
				  6A:16-7.8.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 2 - GENERAL PROVISIONS FOR SCHOOL HEALTH SERVICES › Section 6A:16-2.2 - Required health services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each school
				district shall ensure immunization records are reviewed and updated annually
				pursuant to
				N.J.A.C. 8:57-4.1
				through 4.24.
(b) Each school
				district shall ensure a principal or the principal's designee does not
				knowingly admit or retain in the school building a student whose parent has not
				submitted acceptable evidence of the child's immunization, according to the
				schedule specified at
				N.J.A.C.
				8:57-4, Immunization of Pupils in
				School.
(c) Each school district
				shall perform tuberculosis tests on students using methods required by and when
				specifically directed to do so by the New Jersey Department of Health based
				upon the incidence of tuberculosis or reactor rates in specific communities or
				population groups pursuant to
				N.J.S.A.
				18A:40-16.
(d) Each school district shall immediately
				report by telephone to the health officer of the jurisdiction in which the
				school is located any communicable diseases identified as reportable pursuant
				to N.J.A.C. 8:57-1, whether confirmed
				or presumed.
(e) Each public and
				nonpublic school in the State shall have and maintain for the care of students
				at least one nebulizer in the office of the school nurse or a similar
				accessible location, pursuant to
				N.J.S.A.
				18A:40-12.7.
(f) Each student medical examination shall be
				conducted at the medical home of the student. If a student does not have a
				medical home, the school district shall provide the examination at the school
				physician's office or other comparably equipped facility, pursuant to
				N.J.S.A.
				18A:40-4.
(g) The findings of required examinations
				under (h)2 through 5 below shall include the following components:
1. Immunizations pursuant to
				N.J.A.C. 8:57-4.1
				through 4.24;
2. Medical history,
				including allergies, past serious illnesses, injuries, operations, medications,
				and current health problems;
3.
				Health screenings including height, weight, hearing, blood pressure and vision;
				and
4. Physical
				examinations.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 2 - GENERAL PROVISIONS FOR SCHOOL HEALTH SERVICES › Section 6A:16-2.4 - Required student health records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each school
				district shall maintain for each student pursuant to N.J.A.C. 6A:32 a student
				health record that includes the following mandated records:
1. Findings of health histories, medical
				examinations and health screenings pursuant to
				N.J.A.C.
				6A:16-2.2 and 4.3; and
2. Documentation of immunizations against
				communicable diseases or exemption from these immunizations pursuant to
				N.J.A.C. 8:57-4.1,
				4.3, and 4.4.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 2 - GENERAL PROVISIONS FOR SCHOOL HEALTH SERVICES › Section 6A:16-2.5 - School health services to nonpublic schools

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				district board of education having nonpublic schools within school district
				boundaries shall provide nursing services to students enrolled in a nonpublic
				school, pursuant to
				N.J.S.A.
				18A:40-23 et seq., as follows:
1. The school district shall provide services
				to students who are enrolled full-time;
2. Services shall be made available only to
				students of a nonpublic school that provided to the district board of education
				a report of the type and number of services provided during the previous school
				year;
3. The provision of nursing
				services shall include:
i. Assistance with
				medical examinations including dental screening;
ii. Screening of hearing;
iii. Maintenance of student health records
				and notification of local or county health officials of any student who has not
				been properly immunized, pursuant to
				N.J.A.C. 8:57-4.1
				through 4.20; and
iv. Scoliosis
				examinations of students between the ages of 10 and 18; and
4. The district board of education
				shall make every attempt to provide nursing services for students in nonpublic
				schools beginning at the start of the school year and continuing throughout the
				school year.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 3 - COMPREHENSIVE ALCOHOL, TOBACCO, AND OTHER DRUG ABUSE PROGRAMS › Section 6A:16-3.1 - Establishment of comprehensive alcohol, tobacco, and other drug abuse programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each district board of education shall
				establish a comprehensive program of prevention, intervention, referral for
				evaluation, referral for treatment, and continuity of care for student alcohol,
				tobacco, and other drug abuse in the school district's public elementary and
				secondary schools, in accordance with
				N.J.S.A.
				18A:40A-3, 10, and 15.
1. The purpose of the prevention component of
				the program shall be to:
i. Keep students
				from using alcohol, tobacco or other drugs;
ii. Reduce or eliminate the incidence and
				prevalence of student alcohol, tobacco and other drug abuse;
iii. Reduce the factors that place students
				at risk for involvement with alcohol, tobacco or other drugs through school and
				community-based planning processes;
iv. Contribute to the development of school
				environments and alternative activities that are alcohol, tobacco and other
				drug-free;
v. Increase the
				knowledge and skills of students, staff and community members for avoiding the
				harmful effects of alcohol, tobacco and other drug use; and
vi. Actively involve staff, students,
				parents, and other community members in the development and implementation of
				prevention program plans.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 3 - COMPREHENSIVE ALCOHOL, TOBACCO, AND OTHER DRUG ABUSE PROGRAMS › Section 6A:16-3.2 - Confidentiality of student alcohol and other drug information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				district board of education shall assure compliance with the following
				confidentiality requirements consistent with the implementation of
				20 U.S.C. §
										1232g, the Family Educational Rights and
				Privacy Act, and 34 CFR Part 99 :
1.
				Confidentiality of substance use disorder patient records, pursuant to 42 CFR
				Part 2 ; and
2. Confidentiality of
				information provided by an elementary or secondary school student while
				participating in a school-based drug and alcohol counseling program that
				indicates the student's parent or other person residing in the student's
				household is dependent upon or illegally using substances pursuant to N.J.S.A.
				18A:40A-7.1 and 7.2.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 4 - PROCEDURES FOR ALCOHOL AND OTHER DRUG ABUSE INTERVENTION › Section 6A:16-4.1 - Adoption of policies and procedures for the intervention of student alcohol and other drug abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				district board of education shall adopt and implement policies and procedures
				for the assessment, intervention, referral for evaluation, referral for
				treatment, and enforcement of the code of student conduct, pursuant to N.J.A.C.
				6A:16-7, for students whose use of alcohol or other drugs has affected their
				school performance, or for students who consume or who are suspected of being
				under the influence of or who possess or distribute the following substances on
				school grounds pursuant to
				18A:40A-9, 10, and 11:
1. Alcoholic beverages;
2. Any controlled dangerous substance,
				including anabolic steroids, as defined in
				24:21-2 and
				2C:35-2;
3. Any chemical or chemical compound that
				releases vapor or fumes causing a condition of intoxication, inebriation,
				excitement, stupefaction, or dulling of the brain or nervous system, including,
				but not limited to, glue containing a solvent having the property of releasing
				toxic vapors or fumes, as defined in
				2C:35-10.4; and
4. Over-the-counter and prescription
				medications that are improperly used to cause intoxication, inebriation,
				excitement, stupefaction, or dulling of the brain or nervous system.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 4 - PROCEDURES FOR ALCOHOL AND OTHER DRUG ABUSE INTERVENTION › Section 6A:16-4.2 - Review and availability of policies and procedures for the intervention of student alcohol or other drug abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				district board of education shall establish a process for the annual review of
				the effectiveness of its policies and procedures regarding student alcohol and
				other drug abuse. The district board of education may solicit parent, student,
				and community input, as well as consult in the review process with local
				alcohol and other drug abuse prevention, intervention and treatment agencies
				licensed by the New Jersey Department of Human Services.
(b) Each district board of education shall
				annually disseminate to all school staff, students and parents through its
				website or other means its adopted policies and procedures for implementing
				N.J.A.C. 6A:16-4.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 4 - PROCEDURES FOR ALCOHOL AND OTHER DRUG ABUSE INTERVENTION › Section 6A:16-4.3 - Reporting, notification, and examination procedures for students suspected of being under the influence of alcohol or other drugs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				instances involving alcoholic beverages, controlled dangerous substances other
				than anabolic steroids, or any other chemical or chemical compound as
				identified at N.J.S.A. 18A:40A-9 and
				N.J.A.C.
				6A:16-4.1(a), the following
				shall apply:
1. Any educational staff member
				or other professional to whom it appears that a student may be currently under
				the influence of alcohol or other drugs on school grounds shall report the
				matter as soon as possible to the principal or, in the principal's absence, to
				the principal's designee and either the certified school nurse, noncertified
				nurse, school physician, or student assistance coordinator, pursuant to
				N.J.S.A. 18A:40A-12.
i. In instances where
				the principal and either the certified school nurse, non-certified nurse,
				school physician, or student assistance coordinator are not in attendance, the
				staff member responsible for the school function shall be immediately
				notified.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 4 - PROCEDURES FOR ALCOHOL AND OTHER DRUG ABUSE INTERVENTION › Section 6A:16-4.4 - Voluntary policy for random testing of student alcohol or other drug use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each district board of education that
				chooses to adopt policies and procedures for the random testing of students,
				pursuant to
				N.J.S.A.
				18A:40A-22 et seq., for the use of controlled
				dangerous substances, including anabolic steroids, as defined in
				N.J.S.A.
				2C:35-2 and
				24:21-2,
				or alcoholic beverages, as defined in
				N.J.S.A.
				33:1-1, shall:
1. Hold a public hearing prior to the
				adoption of the alcohol or other drug testing policies and procedures.
i. The notice of the public hearing shall
				specifically identify the proposed alcohol or other drug testing policies and
				procedures as an agenda item; and
ii. Copies of the proposed alcohol or other
				drug testing policies and procedures shall be made available upon request prior
				to the public hearing;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 5 - SCHOOL SAFETY AND SECURITY › Section 6A:16-5.1 - School safety and security plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each school
				district shall develop and implement comprehensive plans, procedures, and
				mechanisms that provide for safety and security in the school district's public
				elementary and secondary schools. Plans and procedures, which shall be in
				written form, and mechanisms shall provide for, at a minimum:
1. The protection of the health, safety,
				security and welfare of the school population;
2. The prevention of, intervention in,
				response to and recovery from emergency and crisis situations;
3. The establishment and maintenance of a
				climate of civility; and
4. Support
				services for staff, students and their families.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 5 - SCHOOL SAFETY AND SECURITY › Section 6A:16-5.2 - Violence awareness

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each district board of education annually
				shall observe "School Violence Awareness Week" during the week beginning with
				the third Monday in October by organizing activities to prevent school violence
				according to
				18A:36-5.1.
(b) Each district board of education shall
				disseminate to students' parents or guardians an informational pamphlet
				prepared by the Department on how a parent can limit a child's exposure to
				violence on television, cell phones, computers, and other electronic devices,
				pursuant to
				18A:40-44.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 5 - SCHOOL SAFETY AND SECURITY › Section 6A:16-5.3 - Incident reporting of violence, vandalism and alcohol and other drug abuse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				purposes of reporting information to the Department, pursuant to
				18A:17-46, any school employee
				who observes or has direct knowledge from a participant or victim of an act of
				violence, including harassment, intimidation, and bullying, or the possession
				or distribution of alcohol or other drugs on school grounds, and any school
				employee who reports a student for being under the influence of alcohol or
				other drugs, pursuant to
				18A:40A-12, shall file with the
				principal a report describing the incident.
1. The report shall be on a form adopted for
				such purposes by the district board of education.
i. The form shall include all information
				necessary for complete, accurate reporting on the Electronic Violence and
				Vandalism Reporting System (EVVRS) and verification of the incident detail,
				including an incident description, and offender and victim
				information.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 5 - SCHOOL SAFETY AND SECURITY › Section 6A:16-5.4 - Access to juvenile justice information

Current through Register Vol. 56, No. 14, July 15, 2024
Each district board of education shall adopt and implement
				  policies and procedures protecting access to information related to juvenile
				  justice proceedings, pursuant to
				  2A:4A-60.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 5 - SCHOOL SAFETY AND SECURITY › Section 6A:16-5.5 - Removal of students for firearms offenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				district board of education shall adopt and implement policies and procedures
				regarding student offenses involving firearms, as defined in
				2C:39-1(f)  and
				18
				U.S.C. §
										921, pursuant to the Zero
				Tolerance for Guns Act,
				18A:37-7 through 12. The policies
				and procedures shall apply to a student who is:
1. Convicted or adjudicated delinquent for
				possession of a firearm on school grounds;
2. Convicted or adjudicated delinquent for
				committing a crime while in possession of a firearm on school grounds;
				and
3. Found knowingly in
				possession of a firearm on school grounds.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 5 - SCHOOL SAFETY AND SECURITY › Section 6A:16-5.6 - Removal of students for assaults with weapons offenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				district board of education shall adopt and implement policies and procedures
				regarding a student who commits an assault, as defined under
				2C:12-1(a)1, with
				a weapon, which includes, but is not limited to, items enumerated in
				2C:39-1(r),
				except a firearm as defined by
				2C:39-1(f)  and
				18
				U.S.C. §
										921, upon a teacher,
				administrator, other school board employee, district board of education member,
				or another student on school grounds, pursuant to
				18A:37-2.2 through 2.5.
(b) A student as set forth in (a) above,
				other than a student with a disability, shall be immediately removed from the
				school's general education program for a period not exceeding one calendar
				year.
1. The chief school administrator may
				modify on a case-by-case basis the removal of a general education
				student.
2. Nothing in this section
				shall be construed to prohibit the expulsion of a general education
				student.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 5 - SCHOOL SAFETY AND SECURITY › Section 6A:16-5.7 - Assaults on district board of education members or employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				district board of education shall adopt and implement policies and procedures
				regarding a student who commits an assault, as defined under
				2C:12-1(a)1, not
				involving the use of a weapon or firearm, upon a teacher, administrator, other
				school board employee, or district board of education member acting in the
				performance of his or her duties and in a situation where his or her authority
				to act is apparent, or as a result of the victim's relationship to a public
				education institution, pursuant to
				18A:37-2.1.
(b) A student, other than a student with a
				disability, who commits an assault pursuant to (a) above, shall be immediately
				removed from school consistent with due process procedures, pending a hearing,
				pursuant to
				6A:16-7.2 through 7.5.
1. Nothing in this section shall be construed
				as prohibiting the expulsion of a general education student.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 6 - LAW ENFORCEMENT OPERATIONS FOR ALCOHOL, OTHER DRUGS, WEAPONS, AND SAFETY › Section 6A:16-6.1 - Adoption of policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) District
				boards of education shall adopt and implement policies and procedures to ensure
				cooperation between school staff and law enforcement authorities in all matters
				relating to:
1. The unlawful possession,
				distribution, and disposition of the following:
i. Controlled dangerous substances, including
				anabolic steroids, as defined in
				24:21-2 and
				2C:35-2;
ii. Drug paraphernalia as defined in
				2C:36-1;
iii. Alcoholic beverages;
iv. Firearms, as defined in N.J.S.A.
				2C:39-1f; and
v. Other deadly
				weapons, as defined in
				2C:39-1.r; and
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 6 - LAW ENFORCEMENT OPERATIONS FOR ALCOHOL, OTHER DRUGS, WEAPONS, AND SAFETY › Section 6A:16-6.2 - Development and implementation of policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) School
				district policies and procedures developed pursuant to this subchapter shall
				be:
1. Developed, implemented, and revised,
				as necessary, in consultation with the county prosecutor and other law
				enforcement officials as may be designated by the county prosecutor;
2. Reviewed and approved by the executive
				county superintendent;
3. Made
				available annually to all school staff, students and parents;
4. Consistent with reporting, notification,
				and examination procedures of students suspected of being under the influence
				of alcohol and other drugs pursuant to
				6A:16-4.3; and
5. Consistent with N.J.A.C. 6A:16-7, as
				appropriate.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 6 - LAW ENFORCEMENT OPERATIONS FOR ALCOHOL, OTHER DRUGS, WEAPONS, AND SAFETY › Section 6A:16-6.4 - Handling of alcohol or other drugs, firearms, and other items

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A school
				employee who seizes or discovers alcohol, other drug, or an item believed to be
				a controlled dangerous substance, including anabolic steroids, or drug
				paraphernalia, shall immediately notify and turn over to the principal or
				designee the alcohol, other drug, or item.
1.
				The principal or designee shall immediately notify the chief school
				administrator or his or her designee who in turn shall notify the appropriate
				county prosecutor or other law enforcement official designated by the county
				prosecutor to receive such information.
2. The school employee, principal or designee
				shall safeguard the alcohol, other drug or paraphernalia against further use or
				destruction and shall secure the alcohol, other drug or paraphernalia until it
				can be turned over to the county prosecutor or designee.
3. The principal or designee shall provide to
				the county prosecutor or his or her designee all information concerning the
				manner in which the alcohol, other drug, or paraphernalia was discovered or
				seized, including:
i. The identity of all
				persons who had custody of the substance or paraphernalia following its
				discovery or seizure; and
ii. The
				identity of the student or staff member believed to have been in possession of
				the substance or paraphernalia.
4. The principal or designee shall not
				disclose the identity of a student or staff member who voluntarily and on his
				or her own initiative turned over the alcohol, other drug or paraphernalia to a
				school employee, provided there is reason to believe the student or staff
				member was involved with the alcohol, other drug or paraphernalia for the
				purpose of personal use and not distribution activities, and further provided
				the student or staff member agrees to participate in an appropriate treatment
				or counseling program.
i. For the purposes of
				this section, an admission by a student or staff member in response to
				questioning initiated by the principal or teaching staff member, or following
				the discovery by the principal or teaching staff member of a controlled
				dangerous substance, including anabolic steroids, or drug paraphernalia shall
				not constitute a voluntary, self-initiated request for counseling and
				treatment.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 6 - LAW ENFORCEMENT OPERATIONS FOR ALCOHOL, OTHER DRUGS, WEAPONS, AND SAFETY › Section 6A:16-6.5 - Confidentiality of student or staff member involvement in alcohol or other drug abuse intervention and treatment programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				information concerning a staff member's involvement in a school intervention or
				treatment program for alcohol or other drug abuse shall be kept strictly
				confidential, and all information concerning a student's involvement in a
				school intervention or treatment program for alcohol or other drug abuse shall
				be kept strictly confidential according to 42 CFR Part 2,
				18A:40A-7.1 and 7.2, and
				6A:16-3.2.
(b) Nothing in this subchapter shall be
				construed in any way to authorize or require the transmittal of information or
				records in the possession of an alcohol or other drug abuse counseling or
				treatment program.
(c) The
				principal or designee shall not disclose to law enforcement officials or to any
				person other than a member of the school district's comprehensive alcohol,
				tobacco, and other drug abuse program that a student or staff member has
				received or is receiving services through the program. The principal or
				designee also shall not disclose information, including the student's or staff
				member's identity or information about illegal activity, when the information
				was learned in the course of or as a result of services provided through the
				school district's comprehensive alcohol, tobacco and other drug abuse
				program.
(d) Nothing in this
				section shall be construed to preclude the disclosure and reporting of
				information about illegal activity that was learned by a school employee
				outside of the school district's comprehensive alcohol, tobacco, and other drug
				abuse program.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 7 - STUDENT CONDUCT › Section 6A:16-7.1 - Code of student conduct

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 7 - STUDENT CONDUCT › Section 6A:16-7.2 - Short-term suspensions

Current through Register Vol. 56, No. 14, July 15, 2024
(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;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 7 - STUDENT CONDUCT › Section 6A:16-7.4 - Expulsions

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 7 - STUDENT CONDUCT › Section 6A:16-7.5 - Conduct away from school grounds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) School
				authorities have the right to impose a consequence on a student for conduct
				away from school grounds that is consistent with the district board of
				education's code of student conduct, pursuant to
				6A:16-7.1.
1. This authority shall be exercised only
				when it is reasonably necessary for the student's physical or emotional safety,
				security and well-being or for reasons relating to the safety, security and
				well-being of other students, staff or school grounds, pursuant to
				18A:25-2 and
				18A:37-2.
2. This authority shall be exercised only
				when the conduct that is the subject of the proposed consequence materially and
				substantially interferes with the requirements of appropriate discipline in the
				operation of the school.
3. The
				consequence pursuant to (a) above shall be handled in accordance with the
				district board of education's approved code of student conduct, pursuant to
				N.J.A.C. 6A:16-7.1, and as appropriate, in accordance with
				6A:16-7.2, 7.3, or 7.4.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 7 - STUDENT CONDUCT › Section 6A:16-7.8 - Harassment, intimidation, and bullying in approved private schools for students with disabilities (PSSDs)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each approved
				private school for students with disabilities (PSSD) shall develop, adopt, and
				implement a policy prohibiting harassment, intimidation, or bullying on school
				grounds.
1. Each approved PSSD shall develop
				the policy to include approved PSSD school grounds, pursuant to
N.J.A.C. 6A:16-1.3
;
i. The policy shall include a provision for
				notifying the appropriate sending district board(s) of education personnel of
				the students involved when the approved PSSD receives a complaint or report of
				an act of harassment, intimidation, or bullying occurring on a sending district
				board of education school bus, at a sending district board of education
				school-sponsored function and off school grounds;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 7 - STUDENT CONDUCT › Section 6A:16-7.9 - Student records and confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a student
				transfers to a public school district from another public school district, all
				information in the student's record related to disciplinary actions taken
				against the student by the school district and any information the school
				district has obtained pursuant to
				2A:4A-60, Disclosure of juvenile
				information; penalties for disclosure, shall be provided to the receiving
				public school district in accordance with
				18A:36-19a and
				6A:32-7.5.
1. The record shall be provided within two
				weeks of the date the student enrolls in the receiving school
				district.
2. Written consent of the
				parent or adult student shall not be required as a condition of the record
				transfer.
i. Written notice of the transfer
				shall be provided to the parent or the adult student.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 8 - INTERVENTION AND REFERRAL SERVICES › Section 6A:16-8.1 - Establishment of intervention and referral services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) District
				boards of education shall establish and implement in each school building in
				which general education students are served a coordinated system for planning
				and delivering intervention and referral services designed to assist students
				who are experiencing learning, behavior, or health difficulties, and to assist
				staff who have difficulties in addressing students' learning, behavior, or
				health needs. District boards of education shall choose the appropriate
				multidisciplinary team approach for planning and delivering the services
				required under this subchapter.
1. The
				intervention and referral services shall be provided to aid students in the
				general education program; and
2.
				The intervention and referral services may be provided for students who have
				been determined to need special education programs and services.
i. The intervention and referral services
				provided for students determined to need special education programs and
				services shall be coordinated with the student's individualized education
				program team, as appropriate.
3. Child study team members and, to the
				extent appropriate, specialists in the area of disability may participate on
				intervention and referral services teams, pursuant to
				6A:14-3.1(d)6.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 9 - ALTERNATIVE EDUCATION PROGRAMS › Section 6A:16-9.1 - Establishment of alternative education programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				district board of education choosing to operate an alternative education
				program, pursuant to
				6A:16-1.3, shall approve the
				alternative education program.
(b)
				Any alternative education program, pursuant to
				6A:16-1.3, within a State agency,
				public college operated program or department-approved school shall be approved
				by the Commissioner of Education.
1. The
				agency, pursuant to (b) above, shall submit an initial or renewal application,
				as appropriate, to the designated county office of education, in accordance
				with the format prescribed by the Commissioner of Education.
2. Each alternative education program
				established by an agency, pursuant to (b) above, shall be separate and distinct
				from the already existing programs operated by these agencies.
3. Annually, each agency, pursuant to (b)
				above, operating an alternative education program, pursuant to
				6A:16-1.3, shall obtain
				certificates of fire inspection and, if applicable, health, sewerage plant and
				health, ventilation, and air conditioning (HVAC) inspections.
i. These certificates shall be maintained and
				available upon request for review by the Department of Education.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 9 - ALTERNATIVE EDUCATION PROGRAMS › Section 6A:16-9.3 - Student placements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Student
				placement in an alternative education program, pursuant to
				6A:16-1.3 and 9.1(a) and (b),
				shall be made as follows:
1. For the general
				education student, the district board of education shall make a determination
				of the student's risk for school failure and a decision regarding the student's
				placement in an alternative education program, at a minimum, based on the
				following:
i. The review of the student's
				academic, health and behavioral records, including the student's IPP, if one
				has been developed in accordance with
				6A:16-9.2(a)3  i
				through v, and the results of available testing, assessment or evaluation of
				the student;
ii. Consultation with
				and notice to the student's parent; and
iii. Information provided by the school-based
				multidisciplinary team responsible to provide intervention and referral
				services, pursuant to N.J.A.C. 6A:16-8, or other multidisciplinary team, as
				appropriate.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 10 - HOME OR OUT-OF-SCHOOL INSTRUCTION › Section 6A:16-10.1 - Home or out-of-school instruction due to a temporary or chronic health condition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district board of education shall
				provide instructional services to an enrolled student, whether a general
				education student in kindergarten through grade 12 or special education student
				age three to 21, when the student is confined to the home or another
				out-of-school setting due to a temporary or chronic health condition or a need
				for treatment that precludes participation in their usual education setting,
				whether general education or special education.
1. To request home instruction due to a
				temporary or chronic health condition, the parent shall submit to the school
				district a request that includes a written determination from the student's
				physician documenting the projected need for confinement at the student's
				residence or other treatment setting for more than 10 consecutive school days
				or 20 cumulative school days during the school year.
i. The school district shall forward the
				written determination to the school physician, who shall verify the need for
				home instruction. The school physician may contact the student's physician to
				secure additional information concerning the student's diagnosis or need for
				treatment, and shall either verify the need for home instruction or shall
				provide to the district board of education reasons for denial.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 10 - HOME OR OUT-OF-SCHOOL INSTRUCTION › Section 6A:16-10.2 - Home or out-of-school instruction for a general education student for reasons other than a temporary or chronic health condition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				district board of education shall provide instructional services to an enrolled
				general education student at the student's home or other suitable out-of-school
				setting under the following conditions:
1.
				The student is mandated by State law and rule for placement in an alternative
				education program, but placement is not immediately available;
2. The student is placed on short- or
				long-term suspension from participation in the general education program;
				or
3. A court order requires the
				student to receive instructional services in the home or other out-of-school
				setting.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 17 - EDUCATION FOR HOMELESS CHILDREN AND YOUTHS AND STUDENTS IN STATE FACILITIES AND EDUCATIONAL STABILITY FOR CHILDREN IN RESOURCE FAMILY CARE › Subchapter 1 - GENERAL PROVISIONS › Section 6A:17-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is adopted to ensure homeless children and
				  youths, and students placed in State facilities, and children in resource
				  family care are provided a thorough and efficient education. This chapter
				  establishes uniform Statewide policies and procedures to ensure the enrollment
				  of homeless children and youths and to respond to appeals made by parents or
				  other parties related to the enrollment of homeless children and youths. The
				  chapter also identifies general program requirements related to the operation,
				  administration, and approval of educational programs in State facilities. The
				  chapter further establishes policies and procedures to ensure the educational
				  stability of children in resource family care.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 17 - EDUCATION FOR HOMELESS CHILDREN AND YOUTHS AND STUDENTS IN STATE FACILITIES AND EDUCATIONAL STABILITY FOR CHILDREN IN RESOURCE FAMILY CARE › Subchapter 2 - EDUCATION OF HOMELESS CHILDREN AND YOUTHS › Section 6A:17-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to district boards of education
				  providing general education services to students in preschool through grade 12
				  and special education services to students ages three through 21. Nothing in
				  this subchapter shall limit the educational rights of homeless children and
				  youths or school district responsibilities under Subtitle VII-B of the
				  McKinney-Vento Homeless Assistance Act (42 U.S.C. §§
										11431 et seq.).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 17 - EDUCATION FOR HOMELESS CHILDREN AND YOUTHS AND STUDENTS IN STATE FACILITIES AND EDUCATIONAL STABILITY FOR CHILDREN IN RESOURCE FAMILY CARE › Subchapter 2 - EDUCATION OF HOMELESS CHILDREN AND YOUTHS › Section 6A:17-2.2 - Determination of homeless status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				board of education for the school district of residence shall determine that a
				child or youth is homeless for purposes of this subchapter when the child or
				youth resides in any of the following:
1.A
				publicly or privately operated shelter designed to provide temporary living
				accommodations, including:
i. Hotels or
				motels;
ii. Congregate shelters,
				including domestic violence and runaway shelters;
iii. Transitional housing; and
iv. Homes for adolescent mothers;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 17 - EDUCATION FOR HOMELESS CHILDREN AND YOUTHS AND STUDENTS IN STATE FACILITIES AND EDUCATIONAL STABILITY FOR CHILDREN IN RESOURCE FAMILY CARE › Subchapter 2 - EDUCATION OF HOMELESS CHILDREN AND YOUTHS › Section 6A:17-2.3 - Responsibilities of the school district of residence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				school district of residence for a homeless child or youth shall be responsible
				for the education of the child and shall:
1.
				Determine the school district in which the child shall be enrolled after
				consulting with the parent pursuant to
				6A:17-2.5;
2. Pay the cost of tuition pursuant to
				N.J.S.A.
				18A:38-19 when the child attends school in
				another school district; and
3.
				Provide for transportation for the child pursuant to
				6A:27-6.2.