New Jersey - Disciplinary Due Process: Program Requirement

Area: 
Program Requirement
Policy Type: 
Statute
Summary: 

State law establishes minimal assurances of due process for students facing disciplinary action.

New Jersey Revised Statutes 18A:37-10. Hearing

4.a.  Any pupil removed pursuant to section 2 of P.L.1995, c.127 (C.18A:37-8) shall be entitled to a hearing before the local board of education to determine if the pupil was convicted or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm or is guilty of knowingly possessing a firearm on any school property, on a school bus or at a school-sponsored function. If it is found that the pupil is not guilty of these offenses the pupil shall be immediately returned to the regular education program.

b.  The hearing shall take place no later than 30 days following the day the pupil is removed from the regular education program. The hearing is not subject to the provisions of the “Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.).

c.  The decision of the board shall be made within five days after the close of the hearing. Any appeal of the board’s decision shall be made to the Commissioner of Education within 90 days of the board’s decision.

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