(i) The chief school administrator shall make the final determination on whether the general education student is prepared to return to the general education program, or will remain in an alternative education program, pursuant to N.J.A.C. 6A:16-9, or receive home or other out-of-school instruction, pursuant to N.J.A.C. 6A:16-10, based on the following criteria:

• 1. The nature and severity of the offense;
• 2. The district board of education's removal decision;
• 3. The results of relevant testing, assessment, or evaluation of the student; and
• 4. The recommendation of the principal or director of the alternative education program or home or other out-of-school instruction program in which the student has been placed.

(i) The chief school administrator shall make the final determination on whether the general education student is prepared to return to the general education program or will remain in an alternative education program or receive home or other out-of-school instruction based on the following criteria:

• 1. The nature and severity of the offense;
• 2. The district board of education's removal decision;
• 3. The results of relevant testing, assessment or evaluation of the student; and
• 4. The recommendation of the principal or director of the alternative education program or home or other out-of-school instruction program in which the student has been placed.

(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: 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.

(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.

5. The chief school administrator shall determine whether the pupil is prepared to return to the regular education program or whether the pupil shall remain in an alternative education program, home instruction or other suitable facilities and programs, in accordance with procedures to be established by the Commissioner of Education.

The chief school administrator shall determine when the pupil is prepared to return to the regular education program in accordance with procedures to be established by the Commissioner of Education.

The teacher in a school having but one teacher or the principal in all other cases may suspend any pupil from school for good cause but such suspension shall be reported forthwith by the teacher or principal so doing to the superintendent of schools of the district if there be one. The superintendent to whom a suspension is reported or if there be no superintendent in the district, the teacher or principal suspending the pupil shall report the suspension to the board of education of the district at its next regular meeting. Such teacher, principal or superintendent may reinstate the pupil prior to the second regular meeting of the board of education of the district held after such suspension unless the board shall reinstate the pupil at such first regular meeting.

No suspension of a pupil by a teacher or a principal shall be continued longer than the second regular meeting of the board of education of the district after such suspension unless the same is continued by action of the board, and the power to reinstate, continue any suspension reported to it or expel a pupil shall be vested in each board.