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 any 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, board member or other employee of a school board 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, according to the requirements of N.J.S.A. 18A:37-2.1 .

(b) Students as set forth in (a) above shall be immediately suspended from school consistent with due process procedures, pending suspension or expulsion hearings before the district board of education.

1. This section shall be construed in a manner consistent with 20 U.S.C. § § 1400 et seq. and N.J.A.C. 6A:14-2.8 .

2. Nothing in this section shall be construed as prohibiting the removal of a student with a disability or the expulsion of a general education student.

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

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

2. Isolate the student and place the student under the supervision of school staff until such time as the parent or appropriate agency takes custody of the student;

3. Immediately report the removal of the student to the district's chief school administrator; and

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

(d) The district shall provide due process proceedings no later than 30 days following the day on which the student is suspended.

1. The decision of the district board of education shall be made within five days after the close of the hearing.

2. Any appeal of the district board of education's decision shall be made to the Commissioner of Education within 90 days of the board's decision. See N.J.A.C. 6A:4.

(e) Each district board of education shall annually make available its adopted policies and procedures for implementing N.J.A.C. 6A:16-5.7 to all school staff, students and parents.