State law encourages districts to use alternatives to out-of-school suspension or expulsion, such as in-school suspension, behavioral interventions, or restorative practices.
New Jersey Administrative Code 6A:16-7.1 Code of student conduct.
A description of comprehensive behavioral supports that promote positive student development and the students' abilities to fulfill the behavioral expectations established by the district board of education. The description of comprehensive behavioral supports may include:
- i. Positive reinforcement for good conduct and academic success;
- ii. Supportive interventions and referral services;
- iii. Remediation of problem behavior that takes into account the behavior's nature, the students' developmental ages, and the students' histories of problem behaviors and performance; and
- iv. For students with disabilities, the behavior interventions and supports shall be determined and provided pursuant to N.J.A.C. 6A:14;
A description of school responses to violations of behavioral expectations established by the district board of education that, at a minimum, are graded according to the severity of the offenses, and consider the developmental ages of the student offenders and their histories of inappropriate behaviors that shall:
- i. Include a continuum of actions designed to remediate and, where necessary or required by law, to impose sanctions;
- ii. Be consistent with other responses, pursuant to N.J.A.C. 6A:16-5.5 through 5.7;
- iii. Provide for the equitable application of the code of student conduct without regard to race; color; religion; ancestry; national origin; nationality; sex; gender; sexual orientation; gender identity or expression; marital, domestic-partnership, or civil-union; mental, physical, or sensory disability; or any other distinguishing characteristic, pursuant to N.J.S.A. 10:5-1 et seq.; and
- iv. Be consistent with the provisions of N.J.S.A. 18A:6-1, Corporal punishment of pupils.
New Jersey Statutes 18A:37-2b Early detection and prevention program.
A school district or charter school shall implement an early detection and prevention program to: identify students in preschool through grade two who are experiencing behavioral or disciplinary problems; and provide behavioral supports for these students, which may include, but need not be limited to, remediation of problem behaviors, positive reinforcements, supportive interventions, and referral services. An early detection and prevention program may be incorporated into the intervention and referral services required to be established in each school pursuant to State Board of Education regulations.