"Informal hearing" means a discussion between a school administrator and a student regarding the student's alleged misconduct, pursuant to N.J.A.C. 6A:16-7.2, Short-term suspensions, in which the student is informed of his or her alleged violation of the district board of education's code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, Code of student conduct, and the basis for the accusation. During the informal hearing, the student is given the opportunity to explain his or her version of the facts and events regarding the alleged violation.

(c) The code of student conduct shall include, at a minimum: 3. A description of students' rights to: v. Due process appeal procedures and policies, pursuant to N.J.A.C. 6A:3-1.3 through 1.17; N.J.A.C. 6A:4; and, where applicable, N.J.A.C. 6A:14-2.7 and 2.8, and N.J.A.C. 6A:16-7.2 through 7.5.

(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;
• 2. Prior to the suspension, an informal hearing during which the student is given the opportunity to present his or her version of events regarding his or her actions leading to the short-term suspension and is provided notice of the school district's actions taken pursuant to N.J.A.C. 6A:16-7.1(c)2 and 5:
• i. The informal hearing shall be conducted by a school administrator or his or her designee;
• ii. To the extent that a student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the educational process, the student may be immediately removed from the student's educational program and the informal hearing shall be held as soon as practical after the suspension;
• iii. The informal hearing shall take place even when a school staff member has witnessed the conduct forming the basis of the charge; and
• iv. The informal hearing and the notice given may take place at the same time;
• 3. Oral or written notification to the student's parents of the student's removal from his or her educational program prior to the end of the school day on which the school administrator decides to suspend the student. The notification shall include an explanation of:
• i. The specific charges;
• ii. The facts on which the charges are based;
• iii. The provision(s) of the code of student conduct the student is accused of violating;
• iv. The student's due process rights, pursuant to N.J.A.C. 6A:16-7.1(c)3 and this section; and
• v. The terms and conditions of the suspension.
• 4. Appropriate supervision of the student while waiting for the student's parent to remove the student from school during the school day; and
• 5. Academic instruction either in school or out of school that addresses the New Jersey Student Learning Standard.
• i. The student's academic instruction shall be provided within five school days of the suspension.
• ii. At the completion of a short-term suspension, the district board of education shall return a general education student to the general education program from which he or she was suspended.
• iii. The academic instruction provided to a student with a disability shall be provided consistent with N.J.A.C. 6A:14.

(b) The suspending principal shall immediately report the suspension to the chief school administrator, who shall report it to the district board of education at its next regular meeting, pursuant to N.J.S.A. 18A:37-4.

(c) An appeal of the district board of education's decision affecting the general education student's educational program shall be made to the Commissioner, in accordance with N.J.S.A. 18A:37-2.4 and N.J.A.C. 6A:3-1.3 through 1.17.

(d) For a student with a disability, the provisions of this section shall be provided in addition to all procedural protections set forth in N.J.A.C. 6A:14.

(a) In each instance of a long-term suspension, the district board of education shall assure the rights of a student suspended for more than 10 consecutive school days by providing the following:

• 1. Notification to the student of the charges prior to his or her removal from school;
• 2. Prior to the suspension, an informal hearing during which the student is given the opportunity to present his or her version of events regarding his or her actions leading to the long-term suspension and is provided notice of the school district's actions taken pursuant to N.J.A.C. 6A:16-7.1(c)2 and 5;
• 3. Immediate notification to the student's parents of the student's removal from school;
• 4. Appropriate supervision of the student while waiting for the student's parents to remove the student from school during the school day;
• 5. Written notification to the parents by the chief school administrator or his or her designee within two school days of the initiation of the suspension, stating:
• i. The specific charges;
• ii. The facts on which the charges are based;
• iii. The student's due process rights, pursuant to N.J.A.C. 6A:16-7.1(c)3 and this section; and
• iv. Further engagement by the student in conduct warranting expulsion, pursuant to N.J.S.A. 18A:37-2, shall amount to a knowing and voluntary waiver of the student's right to a free public education, in the event that a decision to expel the student is made by the district board of education, pursuant to N.J.S.A. 18A:37-2 and N.J.A.C. 6A:16-7.4.
• (1) The district board of education shall request from the parent(s) and student written acknowledgement of the notification provided pursuant to (a)5iv above subsequent to the removal of the student from his or her educational program, pursuant to this section;
• 6. A list of witnesses and their statements or affidavits, if any, no later than five days prior to the formal hearing, pursuant to (a)10 below;
• 7. For a student with a disability, a manifestation determination, pursuant to N.J.A.C. 6A:14-2.8 and the Federal rules incorporated by reference therein;
• 8. Information on the student's right to secure an attorney and legal resources available in the community identified pursuant to N.J.A.C. 6A:16-7.1(c)7;
• 9. Either in- or out-of-school educational services that are comparable to those provided in the public schools for students 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 N.J.A.C. 6A:16-9 or 10.
• i. The student's educational services shall be provided within five school days of the suspension.
• ii. The district board of education shall make decisions regarding the appropriate educational program and support services for the suspended general education student based on the New Jersey Student Learning Standard and the following considerations:
• (1) A behavioral assessment or evaluation including, but not limited to, a referral to the child study team, as appropriate;
• (2) The results of relevant testing, assessments, or evaluations of the student;
• (3) The student's academic, health and behavioral records;
• (4) The recommendation of the chief school administrator, principal or other relevant school or community resource;
• (5) Considerations of parental input; or
• (6) Consultation with the intervention and referral services team, in accordance with N.J.A.C. 6A:16-8.
• iii. Educational services provided to a student with a disability shall be provided consistent with N.J.A.C. 6A:14.
• 10. A formal hearing before the district board of education that shall, at a minimum:
• i. Be conducted by the district board of education 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.
• (1) Before taking final action, the district board of education as a whole shall receive and consider either a transcript or detailed report on the hearing;
• ii. Include the opportunity for the student to:
• (1) Confront and cross-examine witnesses if there is a question of fact; and
• (2) Present his or her own defense, and produce oral testimony or written supporting affidavits;
• iii. Take place no later than 30 calendar days following the day the student is suspended from the general education program; and
• iv. Result in the district board of education's decision that shall be based, at a minimum, on the preponderance of competent and credible evidence;
• 11. A written statement to the student's parents regarding the district board of education's decision within five school days after the close of the hearing. The statement shall include, at a minimum:
• i. The charges considered;
• ii. A summary of the documentary or testimonial evidence from both the student and the administration that was brought before the district board of education at the hearing;
• iii. Factual findings relative to each charge and the district board of education's determination of each charge;
• iv. Identification of the educational services to be provided to the student, pursuant to (a)9 above;
• v. The terms and conditions of the suspension; and
• vi. The right to appeal to the Commissioner the district board of education's decision regarding the student's general education program, in accordance with N.J.S.A. 18A:37-2.4 and N.J.A.C. 6A:3-1.3 through 1.17;
• 12. If at any time it is found that the student did not commit the offense, the student shall be immediately returned to the program from which he or she was removed; and
• 13. At the completion of a long-term suspension, the district board of education shall return a general education student to the general education program.

(b) An appeal of the district board of education's decision regarding the general education student's program shall be made to the Commissioner, in accordance with N.J.S.A. 18A:37-2.4 and N.J.A.C. 6A:3-1.3 through 1.17.

(c) Suspension of a general education student shall not be continued beyond the district board of education's second regularly scheduled meeting following the suspension, unless the district board of education so determines, pursuant to N.J.S.A. 18A:37-5.

• 1. The district board of education shall determine whether to continue the suspension, pursuant to (a) above, based on the following criteria:
• i. The nature and severity of the offense;
• ii. Its removal decision;
• iii. The results of relevant testing, assessments, or evaluations of the student; and
• iv. The recommendation of the chief school administrator, after considering input from the principal or director of the alternative education program or home or other in-school or out-of-school instruction program in which the student has been placed.
• 2. The district board of education shall develop and adopt policies and procedures providing for action on the continuation of student 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.

(d) When the district board of education votes to continue a general education student's suspension, it shall review the case, in consultation with the chief school administrator, at each subsequent district board of education meeting for the purpose of determining:

• 1. The status of the student's suspension;
• 2. The appropriateness of the suspended student's current educational program; and
• 3. Whether the suspended student's current placement, pursuant to (a)9 above, should continue or whether the student should return to the general education program.

(e) When the district board of education votes to continue a general education student's suspension, it shall make, in consultation with the chief school administrator, the final determination on:

• 1. When the student is prepared to return to the general education program;
• 2. Whether the student will remain in an alternative education program or receive home or other in- or out-of-school instruction, based on the criteria set forth in (c)1i through iv above; or
• 3. Whether to initiate expulsion proceedings in accordance with N.J.S.A. 18A:37-2 and N.J.A.C. 6A:16-7.4.

(f) The district board of education shall provide a general education student suspended under this section with an appropriate educational program or services, based on the criteria set forth under (a)9ii above, until the student graduates from high school or reaches the age of 20, whichever comes first.

• 1. The educational program shall be consistent with N.J.A.C. 6A:16-9.2 and 10.2 and 6A:14-2 and 4.3, whichever is applicable; or
• 2. 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 N.J.S.A. 18A:38-25.

(g) For a student with a disability who receives a long-term suspension, the district board of education shall proceed in accordance with N.J.A.C. 6A:14 in determining or changing the student's educational placement to an interim or alternate educational setting.

• 1. All procedural protections set forth in N.J.A.C. 6A:14 and this section shall be afforded to a student with a disability who is subjected to a long-term suspension.
• 2. All decisions concerning the student's educational program or placement shall be made by the student's individualized education program team.
• 3. The provisions of (b) through (f) above shall not apply to students with disabilities.

(a) A district board of education may expel a general education student from school, pursuant to N.J.S.A. 18A:37-2, only after the district board of education has provided the following:

• 1. The procedural due process rights set forth at N.J.A.C. 6A:16-7.1(c)3 and 7.3, subsequent to a long-term suspension, pursuant to N.J.A.C. 6A:16-7.3; and
• 2. An appropriate educational program or service, based on the criteria set forth at N.J.A.C. 6A:16-7.3(f).
• i. The educational program or service 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 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 N.J.S.A. 18A:38-25.

(b) An appeal of the district board of education's decision regarding the cessation of the student's general education program shall be made to the Commissioner in accordance with N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3-1.3 through 1.17.

• 1. A district board of education shall continue to provide an appropriate educational program or service in accordance with (a)2 above until a final determination has been made on the appeal of the district board of education's action to expel a student.

(c) A student with a disability shall only be expelled from his or her current program in accordance with N.J.A.C. 6A:14.

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.

a. Any pupil who commits an assault, as defined pursuant to N.J.S.2C:12-1, upon a teacher, administrator, board member or other employee of a board of education, acting in the performance of his duties and 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 of this State, not 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 local board of education. Said proceedings shall take place no later than 30 calendar days following the day on which the pupil is suspended. 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. The provisions herein shall be construed in a manner consistent with 20 U.S.C. s.1400 et seq. b. Whenever a teacher, administrator, board member, other employee of a board of education 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 principal shall file a written report of the alleged assault with the district’s superintendent of schools. The superintendent to whom the alleged assault is reported or, if there is no superintendent in the district, the principal who received the allegation from the board member, employee, or labor representative shall report the alleged assault to the board of education of the district at its next regular meeting; provided that the name of the pupil who allegedly committed the assault, although it may be disclosed to the members of the board of education, shall be kept confidential at the public board of education meeting. Any person who fails to file a report of an alleged assault as required pursuant to this subsection may be liable to disciplinary action by the board of education of the district.

a. Any pupil removed pursuant to section 1 of P.L.1995, c.128 (C.18A:37-2.2) shall be entitled to a hearing before the local board of education to determine if the pupil is guilty of committing an assault upon a teacher, administrator, board member, other employee of a school board or another student, with a weapon, 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 the offense the pupil shall be immediately returned to the regular education program. b. The hearing shall take place no longer 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.

Each board of education shall hold a public hearing prior to the adoption of its drug testing policy. The policy shall be in written form and shall be distributed to students and their parents or guardians at the beginning of each school year. The policy shall include, but need not be limited to, the following: a. notice that the consent of the student and his parent or guardian for random student drug testing is required for the student to participate in extracurricular activities and to possess a school parking permit; b. the procedures for collecting and testing specimens; c. the manner in which students shall be randomly selected for drug testing; d. the procedures for a student or his parent or guardian to challenge a positive test result; e. the Standard for ensuring the confidentiality of test results; f. the specific disciplinary action to be imposed upon a student who tests positive for drug use or refuses to consent to testing; g. the guidelines for the referral of a student who tests positive for drug use to drug counseling or rehabilitative treatment; and h. the scope of authorized disclosure of test results.