POLICY
5610- SUSPENSION
The Board of Education recognizes that even the temporary exclusion of a
pupil from the educational program of this district is a severe sanction
and one that cannot be imposed without due process.
Any pupil who is guilty of continued and willful disobedience, or of open
defiance of the authority of any teacher or person having authority over
him, or of the habitual use of profanity or of obscene language, or who
shall cut, deface or otherwise injure any school property, shall be liable
to punishment and to suspension or expulsion from school. Conduct which
shall constitute good cause for suspension or expulsion of a pupil guilty
of such conduct shall include, but not be limited to, the conduct as
defined in N.J.S.A. 18A:37-2 and the school district’s Pupil
Discipline/Code of Conduct Policy and Regulation in accordance with the
N.J.A.C. 6A:16-7.1. et seq.
For the purposes of this policy, "suspension" means the temporary removal
of a pupil from the regular instructional program.
For the purposes of this Policy, "short term suspension" means a
suspension for a term of ten consecutive school days or less and “long
term suspension” means a suspension for more than ten consecutive school
days.
Any pupil who is convicted or adjudicated delinquent for possession of a
firearm or a crime while armed with a firearm or found knowingly in
possession of a firearm on any school property, on a school bus, or at a
school-sponsored function shall be immediately removed from the school’s
regular educational program pending a hearing before the Board of
Education to remove the pupil in accordance with N.J.S.A. 18A:37-8 and
Policy No. 5611.
Any pupil who commits an assault, as defined pursuant to N.J.S.A. 2C:12-1,
upon a pupil, teacher, administrator, Board member, or other school
district employee, with a weapon other than a firearm, on any school
property, on a school bus, or at a school-sponsored function must be
immediately removed from the school’s regular education program and placed
in an alternative education school or program, pending a hearing before
the Board of Education in accordance with N.J.S.A. 18A:37-2.2. and Policy
5612.
Any pupil who commits an assault, as defined pursuant to N.J.S.A. 2C:12-1,
upon a teacher, administrator, Board member, or other school district
employee, acting in the performance of his duties in a situation where his
authority to so act is apparent, or as a result of the victim’s
relationship to an institution of public education in
involving the use of a weapon or firearm, shall be immediately suspended
from school consistent with procedural due process pending suspension or
expulsion proceedings before the Board in accordance with N.J.S.A.
18A:37-2.1.a.
Pursuant to N.J.S.A. 18A:37-2.1.b., whenever a teacher, administrator,
Board member, school district employee or a labor representative on behalf
of an employee makes an allegation in writing that the Board member or
employee has been assaulted by a pupil, the Chief School Administrator
shall report the alleged assault to the Board at the next regular Board
meeting; provided the name of the pupil who allegedly committed the
assault; although it may be disclosed to the Board members, shall be kept
confidential to the public at the Board meeting. A person failing to file
a report of an alleged assault may be liable to disciplinary action.
A pupil may be suspended only by the Chief School Administrator. The
Chief School Administrator shall report the suspension to the Board at its
next regular meeting.
The suspended pupil may be reinstated by the Chief School Administrator at
any time before the second meeting of the Board following the suspension,
or by the Board of Education at the first meeting following the
suspension, except that no pupil suspended for reasons of assault upon a
person in authority may be reinstated before the Board has held a hearing,
within thirty calendar days of the suspension, to consider that pupil’s
expulsion from school. At its second regular meeting after the suspension
and thereafter, the Board alone may reinstate the pupil or continue the
suspension.
In each instance of a short-term suspension, the pupil and their parent(s)
or legal guardian(s) will be provided oral or written notice of the
charges and an informal hearing conducted by the
Administrator or designee in accordance with the procedures outlined in
N.J.A.C. 6A:16-7.2. To the extent the pupil’s presence poses a continuing
danger to persons or property or an ongoing threat of disrupting the
educational process, the pupil may be immediately removed from the pupil’s
educational program and the informal hearing shall be held as soon as
practical after the suspension.
In each instance of a long-term suspension, the district shall assure the
rights of the pupil pursuant to N.J.A.C. 16A:16-7.3.
The district will comply with the requirements of N.J.A.C. 6A:16-7.2 and
7.3, in addition to all the procedural protections set forth in N.J.A.C.
6A:14., for each pupil with a disability who is subject to a short-term or
long-term suspension.
In each instance of a short- or long-term suspension, the district shall
provide academic instruction, either in school or out of school, that
addresses the Core Curriculum Content Standards pursuant to N.J.A.C.
6A:8-3.1, which may include a public education program provided in
accordance with the provisions of N.J.A.C. 6A:16-9 or 10. These services
shall be provided within five school days of the suspension. Educational
services provided to a pupil with a disability shall be provided
consistent with the pupil’s Individualized Education Program, in
accordance with N.J.A.C. 6A:14. At the completion of a short-term
suspension, the general education pupil shall be returned to the general
education program.
The records of a pupil disciplined by suspension will be expunged in
accordance with Policy and Regulation No. 8330. All record of a
suspension will be immediately expunged if the pupil is found innocent of
the charges levied. The name of a disciplined pupil will not appear in
the agenda or minutes of a public meeting or in any public record of this
district; any such pupil will be designated by code.
N.J.S.A. 18A:37-1 et seq.
N.J.A.C. 6A:16-7.2; 6A:16-7.3; 6A:14-2.8 et seq.
20 U.S.C. 1415
Adopted: 9 February 2009
REGULATION
5610.
SUSPENSION PROCEDURES
A. Short-Term Suspensions
1. In each
instance of a short-term suspension, the Chief
School Administrator or designee,
shall assure the rights of a pupil
suspended
for ten or fewer consecutive school days by providing for
the
following:
a. As soon as
practicable, oral or written notice of charges
to the
pupil.
(1) When charges are denied, an explanation
of the evidence
forming the
basis of the charges shall also be provided.
b. An informal hearing prior to the
suspension in which the
pupil is
given the opportunity to present the pupil's side of the
story
regarding the actions leading to the short-term suspension and
the school
district's actions taken pursuant to N.J.A.C.
6A:16-7.1(c)2.
and 5.
(1) The informal hearing shall be conducted
by the Chief
School
Administrator or designee;
(2) To the extent that a pupil's presence
poses a continuing
danger to
persons or property or an ongoing threat of disrupting the
educational
process, the pupil may be immediately removed from the
pupil's
educational program and the informal hearing shall be held
as soon as
practical after the suspension;
(3) The informal hearing should take place
even when a school
staff
member has witnessed the conduct forming the basis of the
charge; and
(4) The informal hearing and the notice
given may take place
at the same
time.
c. Oral or written notification to the
pupil's parent(s) or
legal
guardian(s) of the removal from the pupil's educational
program
prior to the end of the school day on which the
Administrator or designee makes the
decision to suspend the pupil,
which shall
include an explanation of:
(1) The specific charges;
(2) The facts on which the charges are
based;
(3) The provision(s) of the pupil code of
conduct the pupil
is accused
of violating;
(4) The pupil’s due process rights,
pursuant to N.J.A.C.
6A:16-7.2 through 7.6; and
(5) The terms and conditions of the
suspension.
d. Appropriate supervision of the pupil
while waiting for
the pupil's
parent(s) or legal guardian(s) to remove the pupil from
school during the school day; and
e. Academic instruction, either in school
or out of school,
that
addresses the Core Curriculum Content Standards, pursuant to
N.J.A.C. 6A:8-3.1, which may include
a public education program
provided in
accordance with the provisions of N.J.A.C. 6A:16-9 or
10.
(1) Services shall be provided within five
school days of the
suspension.
(2)
Educational services provided to a pupil with a
disability
shall be provided consistent with the pupil's
Individualized Education Program in
accordance with N.J.A.C. 6A:14.
(3) At the completion of a short-term
suspension, the
district
Board of Education shall return the general education pupil
to the
general education program.
2. The Chief School Administrator shall
immediately report
the
suspension to the Board of Education at its next regular
meeting,
pursuant to N.J.S.A. 18A:37-4.
3. A Board may deny the pupil
participation in
extracurricular
activities, school functions, sports, or graduation
exercises
as disciplinary sanctions, where such measures are
designed to
maintain the order and integrity of the school
environment.
4. For a pupil with a disability, the
provisions set forth
in this
section shall be provided in addition to all procedural
protections
set forth in N.J.A.C. 6A:14.
B. Long-Term Suspensions
1. In each
instance of a long-term suspension, the Chief
School Administrator or designee
shall assure the rights of a pupil
suspended
for more than ten consecutive school days by providing the
following:
a. Immediate notification to the pupil of
the charges, prior
to the
pupil's removal from school;
b. An informal hearing prior to the suspension in
which the
pupil is
given the opportunity to present the pupil’s side of the
story
regarding the pupil’s actions leading to the long-term
suspension
and the school district’s actions taken pursuant to
N.J.A.C. 6A:16-7.1(c)2 and 5;
c. Immediate notification to the pupil's
parent(s) or legal
guardian(s)
of the pupil's removal from school;
d. Appropriate supervision of the pupil
while waiting for
the pupil's
parent(s) or legal guardian(s) to remove the pupil from
school
during the school day;
e.
Written notification to the parent(s) or legal
guardian(s)
by the Chief School Administrator or designee within two
school days
of the initiation of the suspension, stating:
(1) The specific charges;
(2) The facts on which the charges are
based;
(3) The pupil's due process rights,
pursuant to N.J.A.C.
6A:16-7.2 through 7.6; and
(4) That further engagement by the pupil in
conduct
warranting
expulsion, pursuant to N.J.S.A. 18A:37-2, shall amount to
a knowing
and voluntary waiver of the pupil's right to a free public
education, in the event that a decision to expel the pupil
is made
by the
Board, pursuant to N.J.S.A. 18A:37-2 and N.J.A.C. 6A:16-7.5.
(a) The Board shall request written
acknowledgement of the
notification
of the provisions of B.1.e.(4) above from the parent(s)
or legal
guardian(s) and the pupil subsequent to the removal from
the pupil's
educational program, pursuant to N.J.A.C. 6A:16-7.3.
f. A list of witnesses and their
statements or affidavits,
if any, no
later than five days prior to the formal hearing,
pursuant to
B.1.j. below;
g. A pupil with a disability, a
manifestation determination,
pursuant to
N.J.A.C. 6A:14-2.8 and the Federal regulations;
h. Information on the right of the pupil
to secure an
attorney
and legal resources available in the community identified
pursuant to
N.J.A.C. 6A:16-7.1(c)8;
i.
Educational services, either in school or out of school,
that are
comparable to those provided in the public schools for
pupils of
similar grades and attainments, pursuant to N.J.S.A.
18A:38-25, which may include a
public education program provided in
accordance
with the provisions of N.J.A.C. 6A:16-9 or 10.
(1) The services shall be provided within
five school days of
the
suspension.
(2) The Board shall make decisions
regarding the appropriate
educational
program and support services for the suspended general
education pupil, at a minimum, based on the following
criteria:
(a) A behavioral assessment or evaluation
including, but not
limited to,
a referral to the Child Study Team, as appropriate;
(b) The results of any relevant testing,
assessments or
evaluations
of the pupil;
(c) The pupil’s academic, health, and
behavioral records;
(d) The recommendation of the Chief School
Administrator, or
other
relevant school or community resource;
(e) Considerations of parental input; or
(f) Consultation with the Intervention and
Referral Services
Team, in accordance with N.J.A.C.
6A:16-8, as appropriate.
(3) Educational services provided to a
pupil with a
disability
shall be provided consistent with the pupil's
Individualized
Education Program, in accordance with N.J.A.C. 6A:14.
j. A formal hearing before the Board,
which, at a minimum,
shall:
(1) Be conducted by the Board 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.
(a) The Board as a whole shall receive and
consider either a
transcript
or detailed report on such hearing before taking final
action.
(2) Include the opportunity for the pupil
to:
(a) Confront and cross-examine witnesses,
when there is a
question of
fact; and
(b) Present his or her
own defense and produce oral testimony
or written
supporting affidavits.
(3) Take place no later than thirty
calendar days following
the day the
pupil is suspended from the general education program;
(4) Not be subject to the provisions of the
"Open Public
Meetings Act," pursuant to
N.J.S.A. 10:4-6; and
(5) Result in a decision by the Board,
which at a minimum,
shall be
based on the preponderance of competent and credible
evidence.
k. A written statement to the pupil's
parent(s) or legal
guardian(s)
of the Board’s decision within five school days after
the close
of the hearing that includes, at a minimum:
(1) The charges considered;
(2) A summary of the documentary or
testimonial evidence from
both the
pupil and the administration that was brought before the
district
Board of Education at the hearing;
(3) Factual findings relative to each
charge and the Board's
determination
of each charge;
(4) Identification of the educational
services to be provided
to the
pupil pursuant to B.1.i. above;
(5) The terms and conditions of the
suspension; and
(6) The right to appeal the Board’s
decision regarding the
pupil’s
general education program to the Commissioner of Education
in
accordance with N.J.S.A. 18A:37-2.4 and N.J.A.C. 6A:3-1.3 through
1.17.
l. Immediate return to the general
education program if at
any time it is found that the general education pupil did
not commit
the
offense;
m. For a pupil with a disability found not
to have committed
the
offense, the pupil's program shall be determined in accordance
with the
provisions of N.J.A.C. 6A:14.; and
n. At the
completion of a long-term suspension, the Board
shall
return the general education pupil to the general education
program.
2. Any appeal of the Board’s decision
regarding the general
education
pupil's program shall be made to the Commissioner of
Education, in accordance with
N.J.S.A. 18A:37-2.4 and N.J.A.C.
6A:3-1.3 through 1.17.
3. Suspension of general education pupils
shall not be
continued
beyond the Board’s second regular meeting following the
suspension,
unless the Board so determines, pursuant to N.J.S.A.
18A:37-5.
a. The Board shall determine whether to
continue the
suspension,
pursuant to B. above, based on the following criteria:
(1) The nature and severity of the offense;
(2) The Board’s removal decision;
(3) The results of any relevant testing,
assessments or
evaluations of the pupil; and
(4) The recommendation of the Chief School
Administrator or
director of
the alternative education program or home or other
out-of-school
instruction program in which the pupil has been
placed.
b. The Board shall develop and adopt
policies and procedures
providing
for action on the continuation of pupil suspensions in the
event of
cancellation of the first or second regular Board meeting
pursuant to
N.J.S.A. 18A:37-4 and 5. In this
unlikely event, a
special
committee of the Board, which will include the
Administrator or his/her designee,
will be appointed by the Board
President to make
a decision on the continuation of the suspension.
The committee’s decision will be
implemented subject to ratification
of the
committee’s decision at the next regular Board meeting.
4. When the Board votes to continue the
suspension of a
general
education pupil, the Board, in consultation with the Chief
School Administrator, shall review
the case at each subsequent Board
meeting for the purpose of determining:
a. The status of the pupil's suspension;
b. The appropriateness of the current
educational program
for the
suspended pupil; and
c. Whether the suspended pupil's current
placement, pursuant
to B.1.i. above, should continue or whether the pupil should return
to the
general education program.
5. When the Board votes to continue the
suspension of a
general
education pupil, the Board, in consultation with the Chief
School Administrator, shall make the
final determination on:
a. When the pupil is prepared to return
to the general
education
program;
b. Whether the pupil shall remain in an
alternative
education
program or receive home or other in-school or
out-of-school
instruction, based on the criteria set forth in
B.3.a.(1)
through (4) above; or
c. Whether to initiate expulsion
proceedings in accordance
with
N.J.S.A. 18A:37-2, N.J.A.C. 6A:16-7.5 and Policy 5620.
6. The Board shall provide a general
education pupil
suspended
under N.J.A.C. 6A:16-7.3 with an appropriate educational
program or
appropriate educational services, based on the criteria
set forth
under B.1.i.(2) above, until the pupil graduates from high
school or
reaches the age of twenty, whichever comes first.
a. The educational program shall be
consistent with the
provisions
of N.J.A.C. 6A:16-9.2 and 10.2 and 6A:14-2 and 4.3,
whichever
is applicable; or
b. 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.
7. For a pupil
with a disability who receives a long-term
suspension,
the Board shall proceed in accordance with N.J.A.C.
6A:14 in determining or changing the
pupil's educational placement
to an
interim or alternate educational setting.
a. All procedural protections set forth
in N.J.A.C. 6A:14
and
N.J.A.C. 6A:16-7.3 shall be afforded to each pupil with a
disability
who is subjected to a long-term suspension.
b. All decisions concerning the pupil's
educational program
or
placement shall be made by the pupil's Individualized Education
Program team.
c. The provisions of B.2. through B.6. above shall not apply
to pupils
with disabilities.
Issued: 9 February 2009