The Newark Public School District believes that positive approaches to acceptable behavior are usually more effective. However, in order to ensure that schools operate in an orderly fashion and to teach pupils the consequences of disruptive behavior, it is sometimes necessary to penalize pupils when there is a violation of the District’s Conduct/ Discipline Regulation (File Code: 5131).
Pupils who engage in disruptive behavior may be suspended or expelled. Further, any pupil who commits an assault (as defined by N.J.S.A. 2C: 12-1) upon a board member, teacher, administrator or other employee of the Newark School District shall be immediately suspended from school consistent with procedural due process pending suspension or expulsion proceedings, which shall take place no later than thirty (30) calendar days following the day on which the pupil is suspended. The District’s decision must be rendered within five (5) days of the hearing.
Examples of conduct warranting suspension or expulsion include but are not limited to:
1. continued and willful disobedience
2. open defiance of authority
3. conduct constituting a continuing danger to other pupils
4. physical assault upon another pupil or staff member
5. attempting to take personal property or money from another pupil by force or fear
6. willful causing, or attempting to cause, substantial damage to school property
7. incitement of misbehavior
8. possession, or consumption of alcoholic beverages or controlled dangerous substances on school premises, or being under the influence thereof
As an alternative to home suspension, the administration may recommend the student be placed in an alternative educational program in the District or an in-school suspension program. When appropriate, the administration may recommend the student to either the 504/PRC Committee or to the Child Study Team. Students are required to occupy themselves with school-related work during such suspensions. Pupils shall be counted as present in school but absent (excused) from individual classes.The administration shall follow state and federal legal requirements and district procedures regarding suspension and expulsion as follows:
minimum due process and parent/guardian notification procedures;
procedures for full due process suspensions of 10 days or more;
remedies to be utilized prior to discipline, where applicable;
procedures regarding referral to 504/PRC Committee or Child Study Team
discipline procedures for classified students;
conditions under which the District Superintendent or designee will conduct a hearing;
treatment of absenteeism;
behavior which may result in discipline.
The Newark School District shall be consistent and uniform in the application of this policy.