N.J. Admin. Code § 6A:14-2.8 - Discipline/suspension/expulsions
(a) For
disciplinary reasons, district board of education officials may order the
removal of a student with a disability from his or her current educational
placement to an interim alternative educational setting, another setting, or a
suspension for up to 10 consecutive or cumulative school days in a school year.
Such suspensions are subject to the same district board of education procedures
as the procedures for nondisabled students. However, at the time of removal,
the principal shall forward written notification and a description of the
reasons for such action to the case manager and the student's parent(s).
1. Notwithstanding (a) above, preschool
students with disabilities shall not be suspended, long-term or short-term, and
shall not be expelled.
2. The
district board of education is not required by
20 U.S.C. §§
1400 et seq., or this chapter to provide,
during periods of removal, services to a student with a disability who has been
removed from his or her current placement for 10 school days or less in a
school year, provided that if services are provided to general education
students for removals of 10 or fewer days duration, students with disabilities
shall be provided services in the same manner as students without disabilities
during such time periods for removals of 10 or fewer days.
(b) District board of education personnel may
consider, on a case-by-case basis, any unique circumstances when determining
whether or not to impose a disciplinary sanction or order a change of placement
for a student with a disability who violates a district board of education code
of conduct.
(c) Removals of a
student with a disability from the student's current educational placement for
disciplinary reasons constitutes a change of placement if:
1. The removal is for more than 10
consecutive school days; or
2. The
student is subjected to a series of short-term removals that constitute a
pattern because they cumulate to more than 10 school days in a school year and
because of factors such as the length of each removal, the total amount of time
the student is removed, and the proximity of the removals to one another.
i. District board of education officials, in
consultation with the student's case manager, shall determine whether a series
of short-term removals constitutes a pattern that creates a change of
placement.
(d) Disciplinary action initiated by a
district board of education that involves removal to an interim alternative
educational setting, suspension for more than 10 school days in a school year,
or expulsion of a student with a disability shall be in accordance with
20 U.S.C. §
1415(k). (See N.J.A.C. 6A:14
Appendix A.) However, removal to an interim alternative educational setting of
a student with a disability in accordance with
20 U.S.C. §
1415(k) shall be for a
period of no more than 45 calendar days.
(e) In the case of a student with a
disability who has been removed from his or her current placement for more than
10 cumulative or consecutive school days in the school year, the district board
of education shall provide services to the extent necessary to enable the
student to progress appropriately in the general education curriculum and
advance appropriately toward achieving the goals set out in the student's IEP.
1. When it is determined that a series of
short-term removals is not a change of placement, district board of education
officials, in consultation with the student's special education teacher and
case manager, shall determine the extent to which services are necessary to
enable the student to progress appropriately in the general curriculum and
advance appropriately toward achieving the goals set out in the student's
IEP.
2. When a removal constitutes
a change of placement, and it is determined that the behavior is not a
manifestation of the student's disability, the student's IEP team shall
determine the extent to which services are necessary to enable the student to
progress appropriately in the general curriculum and advance appropriately
toward achieving the goals set out in the student's IEP.
(f) In the case of a removal for drug or
weapons offenses, or because the student caused a serious bodily injury in
accordance with
20 U.S.C. §
1415(k) and its implementing
regulations at 34 CFR Part 300, or a removal by an administrative law judge for
dangerousness consistent with
20 U.S.C. §
1415(k) and its implementing
regulations at 34 CFR Part 300, the district board of education shall provide
services to the student with a disability consistent with
20 U.S.C. §
1415(k) and its implementing
regulations at 34 CFR Part 300, incorporated herein by reference. However,
removal to an interim alternative educational setting of a student with a
disability in accordance with
20 U.S. C. §
1415(k) shall be for a
period of no more than 45 calendar days.
Notes
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Rewrote the section.
Amended by R.2006 d.315, effective
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote (a); recodified (b) through (e) as (c) through (f); added new (b); and rewrote present (d) and (f).
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