POLICY

5620- EXPULSION

The Board of Education recognizes that expulsion from this district is the

most severe sanction that can be imposed upon a pupil. For the purposes

of this policy, “expulsion” means the Board discontinuing the educational

services or discontinuing payment of educational services for a general

regular education pupil from school pursuant to N.J.S.A. 18A:37-2.

The Board may expel a general education pupil only after the Board has

provided the procedural due process rights set forth in N.J.A.C. 6A:16-7.3

and 7.4 and as outlined in Policy and Regulation 5610, subsequent to a

long-term suspension pursuant to N.J.A.C. 6A:16-7.3, and only after the

Board has provided an appropriate educational program or appropriate

educational services, based on the criteria set forth under N.J.A.C.

6A:16-7.3(f) and as outlined in Regulation 5610. The educational program

shall be consistent with the provisions of N.J.A.C. 6A:16-9.2, Alternative

Educational Programs, and N.J.A.C. 6A:16-10.2, Home or Out-of-School

Instruction for General Education Students, and N.J.A.C. 6A:14-2, Special

Education, Procedural Safeguards and N.J.A.C. 6A:14-4.3, Special

Education, Programs and Instruction, whichever are applicable. The

educational services provided, either in school or out of school, shall be

comparable to those provided in the public schools for pupils of similar

grades and attainments, pursuant to the provisions of N.J.S.A. 18A:38-25.

Any appeal of the Board’s decision regarding the cessation of the pupil's

general education program shall be made to the Commissioner of Education

in accordance with N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3-1.3 through 1.17.

The Board shall continue to provide an appropriate educational program or

appropriate educational services until a final determination has been made

on the appeal of the Board’s action to expel a pupil.

The Board shall comply with the mandated pupil removal from general

education pursuant to N.J.A.C. 6A:16-7.4. The Board shall follow N.J.A.C.

6A:16-5.5 for pupil removal for firearm offenses, N.J.A.C. 6A:16-5.6 for

pupil removal for assaults with weapons offenses, and N.J.A.C. 6A:16-5.7

for pupil removal for assaults on district Board of Education members and

employees.

An expulsion of a pupil with a disability from a receiving school shall be

handled in accordance with N.J.A.C. 6A:14.

N.J.S.A. 18A:37-2

N.J.A.C. 6A:16-7.4; 6A:16-7.5

Adopted: 9 February 2009