N.J. Admin. Code § 6A:22-4.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:22-4.3 - Removal of currently enrolled students

(a) Nothing in this subchapter shall preclude a district board of education from identifying through further investigation or periodic requests for revalidation of eligibility, students enrolled in the school district who may be ineligible for continued attendance due to error in initial assessment, changed circumstances, or newly discovered information.

(b) When a student who is enrolled and attending school based on an initial eligibility determination is later determined to be ineligible for continued attendance, the chief school administrator may apply to the district board of education for the student's removal.

1. The chief school administrator shall issue a preliminary notice of ineligibility meeting the requirements at N.J.A.C. 6A:22-4.2. However, the notice shall also provide for a hearing before the district board of education prior to a final decision on removal.

(c) No student shall be removed from school unless the parent, guardian, adult student, or resident keeping an "affidavit student" has been informed of their entitlement to a hearing before the district board of education.

(d) Once the hearing is held, or if the parent, guardian, adult student, or resident keeping an "affidavit student" does not respond within the designated time frame to the chief school administrator's notice or appear for the hearing, the district board of education shall make a prompt determination of the student's eligibility and shall immediately provide notice in accordance with N.J.A.C. 6A:22-4.2.

(e) If district board of education policy allows, a district board of education committee shall conduct hearings required pursuant to this subchapter and then shall make a recommendation to the full district board of education. However, no student shall be removed except by vote of the district board of education taken at a meeting duly convened and conducted pursuant to N.J.S.A. 10:4-6 et seq., the Senator Byron M. Baer Open Public Meetings Act.

N.J. Admin. Code § 6A:22-4.3

Recodified from N.J.A.C. 6A:28-2.8 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
In (b), inserted "school district based on an initial determination of eligibility" preceding "attending school in the" introductory paragraph and amended the N.J.A.C. reference in 1 and (d).
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
In (c) and (d), deleted "legal" preceding "guardian".
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the section.

Amended by 56 N.J.R. 1787(a), effective 9/3/2024