N.J. Admin. Code § 6A:16-5.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 6A:16-5.7 - Assaults on district board of education members or employees

(a) Each district board of education shall adopt and implement policies and procedures regarding a student who commits an assault, as defined under N.J.S.A. 2C:12-1(a)1, not involving the use of a weapon or firearm, upon a teacher, administrator, other school board employee, or district board of education member acting in the performance of his or her duties and in a situation where his or her authority to act is apparent, or as a result of the victim's relationship to a public education institution, pursuant to N.J.S.A. 18A:37-2.1.

(b) A student, other than a student with a disability, who commits an assault pursuant to (a) above, shall be immediately removed from school consistent with due process procedures, pending a hearing, pursuant to N.J.A.C. 6A:16-7.2 through 7.5.

1. Nothing in this section shall be construed as prohibiting the expulsion of a general education student.

(c) A student with a disability who commits an assault pursuant to (a) above shall be removed in accordance with N.J.A.C. 6A:14.

(d) The principal or his or her designee shall:

1. Remove a student as set forth in (a) above;

2. Isolate the student and place him or her under the supervision of school staff until the student's parent or an appropriate agency takes custody of the student;

3. Immediately report to the chief school administrator the removal of the student;

4. Notify the student's parent of the removal action and the student's due process rights; and

5. Notify the appropriate law enforcement official of a possible violation of the New Jersey Code of Criminal Justice.

(e) The district board of education shall provide due process proceedings for all students in accordance with N.J.A.C. 6A:16-7.2, 7.3, 7.4, and 7.5 and for a student with a disability in accordance with N.J.A.C. 6A:14-2.7 and 2.8.

(f) Each chief school administrator biannually shall submit to the Commissioner a report on each incident and the circumstances surrounding the removal of students, pursuant to (b) above, utilizing the Electronic Violence and Vandalism Reporting System, pursuant to N.J.A.C. 6A:16-5.3(e)1.

(g) Each district board of education shall annually disseminate to all school staff, students and parents the adopted policies and procedures for implementing this section.

N.J. Admin. Code § 6A:16-5.7

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote (b) through (e), recodified (e) as (g), added (f).
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In introductory paragraph of (b), substituted "student, other than a student with a disability," for "general education student"; in (d)2, inserted "student's" and "an"; and in (g), substituted "disseminate" for "make available" and deleted the comma following "students".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.