A. Notice of Recommended Expulsion
1. A recommendation for the expulsion of a pupil will be made in strict compliance with law and Policy No. 5620 and only when all other means of discipline have been exhausted.
2. A recommendation for expulsion will be made by the Principal to the Superintendent.
3. The parent/legal guardian of the pupil for whom expulsion is recommended shall be notified within ten working days of the Superintendent’s receipt of the recommendation. Notice will be in writing and will include:
a. The recommendation for expulsion and a statement that expulsion means the termination of the pupil’s right to a free public education within the district’s regular education program,
b. The reason(s) for the recommendation, and
c. A directive that a classified pupil or a pupil exhibiting behavior that may be classifiable report to the Child Study Team for evaluation, at the time and place arranged by the Director of Special Services.
B. Child Study Team Report
1. In addition to classified pupils, a non-classified pupil whose conduct has resulted in a recommendation for expulsion may be referred to the Child Study Team for a determination of the pupil’s eligibility for special education and/or related services. Any pupil who has exhibited behavior that may be considered classifiable shall be referred to the Child Study Team for a determination of the pupil’s eligibility for special education and/or related services prior to expulsion.
2. Any report of the Child Study Team will be considered by the Superintendent and by the Board before it renders an expulsion decision. In the event a pupil is classified as a pupil with a disability, the pupil may only be expelled in accordance with Policy and Regulation No. 2460.
C. Board Expulsion Hearing
1. A pupil shall be provided a formal expulsion hearing by the Board.
a. The hearing will be scheduled at a time and place convenient to the pupil and his/her parent(s) or legal guardian(s).
b. The hearing shall be held no fewer than five school days nor more than twenty school days after the pupil has been removed from the regular education program of the district. A hearing
(1) May be held sooner if circumstances warrant and the interests of the pupil would not be unduly prejudiced by such haste, or
(2) Shall be delayed pending the Board’s receipt of the Child Study Team report.
2. The pupil may decline to attend a hearing.
a. A pupil’s decision to not attend a formal Board hearing should be in writing and signed by both the pupil and parent/legal guardian. The signatures should be witnessed.
b. A pupil who does not avail himself/herself of the opportunity to a formal hearing will be construed to have waived his/her right to the hearing. Constructive waiver will not be presumed before the passage of a considerable period of time, to be determined on a case-by-case basis, since it operates to foreclose the pupil’s rights.
The pupil and his/her parent(s) or legal guardian(s) shall be given written notice of a pending hearing as soon as possible after the time and place have been set by the Board. Notice will include:
1. The time and place of the hearing;
2. The rule(s) alleged to have been violated;
3. The charges against the pupil;
4. A summary of the evidence against the pupil;
5. The names of the witnesses;
6. A full description of the alternative educational program if the pupil cannot be readmitted to school pending the hearing, and the hearing will not take place within ten school days of the pupils removal from the regular education program;
7. A statement of the pupil’s and parents’ or legal guardians’ right to review the pupil’s records and written statements about the alleged misconduct;
8. A statement of the pupil’s and parents’ or legal guardians’ right to request a delay in the hearing of up to five school days;
9. A statement of the pupil’s entitlement to the following hearing rights:
a. Right to counsel,
b. Right to a translator provided by the Board,
c. Right to appear in his/her own behalf and to permit his/her parent(s) to appear,
d. Right to produce witnesses and present evidence on his/her behalf,
e. Right to confront and to cross examine anyone who may have evidence against him/her, and
f. Right to a transcript or tape recording of the hearing.
E. Conduct of Hearing
1. The pupil who has requested a Board hearing shall notify the Board within a reasonable time after receipt of the notice of his/her intention to attend. The pupil shall submit to the Board:
a. The names of those staff members the pupil may wish to call as witnesses, and
b. The pupil’s need, if any, for a translator.
2. Hearings will be held in executive session, except that the Board may grant the request of the pupil for a public hearing.
3. Any hearing in progress may be adjourned and continued within a reasonable period of time.
4. The Board President, or the Board Vice-President in the absence of the Board President, shall act as the presiding officer. The presiding officer:
a. Shall call the hearing to order and recognize the parties before the Board and their representatives, if any;
b. May appoint a recorder and direct the recording of the proceedings;
c. Shall state the charges set forth in the notice to the party who requested a hearing;
d. Shall summarize the action taken on the matter at preliminary hearings, if any;
e. Shall require the superintendent or other administrative officer to substantiate the charges made by introducing evidence and witnesses;
f. Where the truth of any allegation important to sustain the charge is at issue, shall require the testimony of one or more witness and/or the submission of evidence regarding those allegations;
g. Shall permit the pupil, or the pupil’s representative, to cross-examine any witness so testifying and examine any evidence so submitted;
h. Shall offer the pupil a full and fair opportunity to submit evidence and present witnesses to refute or explain the charges brought against him/her;
i. May limit or exclude evidence or testimony that is not relevant or material to the issue or where its probative value is outweighed by its tendency to be confusing or prejudicial or overly time consuming;
j. May elicit such evidence and testimony as the presiding officer believes may be useful or necessary to find facts;
k. May permit questioning of witnesses by panel members;
l. Shall permit the testimony of Child Study Team members and/or the entry of the report of the Child Study Team;
m. Shall prepare, in consultation with the minutes of the hearing, which shall include:
(1) The notice of the hearing,
(2) The charges considered and the authority of the Board to conduct the hearing, and
(3) A summary of the evidence and testimony brought forward by each party, and
n. May adjourn the hearing where fairness or exigent circumstances dictate and set a time and place for the continued hearing.
F. Board’s Determination
1. The pupil shall have an opportunity to review the minutes of the hearing and append to it his/her objections, if any, before the report is distributed to absent Board members or is used to document the hearing in an appeal.
2. A Board member who has not participated in the hearing may not participate in the decision unless he/she has received and read the minutes of the hearing.
3. Where all members of the Board have been present at the hearing and/or after all absent members have been fully informed of the proceedings, the Board may render a decision on the issues presented at the hearing. No official action may be taken at any meeting other than a public meeting. The Board’s finding of fact shall be based on a preponderance of the evidence offered.
4. The decision of the Board will be rendered in writing and will set forth:
a. The Board’s jurisdiction;
b. The issues presented;
c. The charges made and sustained or dismissed;
d. The finding of fact on which the Board’s decision was based;
e. The report and recommendation of the Child Study Team;
f. If the pupil is disabled, a statement that his/her offensive behavior was not caused by the pupil’s disabling condition or by a program inappropriate to the pupil’s needs;
g. The alternate educational program offered the pupil, if any, and the pupil’s refusal to participate in the program so offered; and
h. The Board’s final order.
5 . Copies of the decision will be provided to the pupil, the pupil’s parent(s) or legal guardian(s), and the pupil’s representative.
G. Alternative Educational Program
A pupil that has been appropriately expelled from the district’s regular education program by the Board must be afforded by the Board an alternative education program until the pupil graduates from high school or reaches their nineteenth birthday, whichever comes first.
The pupil shall be informed of his/her right to appeal the Board’s decision to the Commissioner of Education in accordance with N.J.A.C. 6A:3-1.3 et seq.
Issued: 20 November 2003