1. A student who is convicted or adjudicated delinquent for possession of a firearm on any school property, on a school bus, or at a school-sponsored function;

2. A student who is convicted or adjudicated delinquent for committing a crime while in possession of a firearm on school property, on a school bus, or at a school-sponsored function; and

3. A student who is found knowingly in possession of a firearm on any school property, on a school bus, or at a school-sponsored function.

(b) Any student as set forth in (a) above shall be immediately removed from the school's general education program for a period of not less than one calendar year.

(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 law enforcement official takes custody of the student;

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

4. Notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice; and

5. Notify the parent of the following information:

i. The removal action;

ii. The law enforcement notification;

iii. The change of custody, if it occurs; and

iv. The student's due process rights.

(d) Any student that is removed from the general education program pursuant to this section shall be placed in an alternative education program, according to the requirements of N.J.A.C. 6A:16-8.

1. If placement in an alternative education program is not available, the student shall be provided home or other out-of-school instruction, according to N.J.A.C. 6A:16-9, until placement is available.

(e) Any student removed pursuant to (b) above shall be entitled to a hearing before the district board of education.

(f) If it is found that the student is not guilty of the offenses in (a) above, the student shall be immediately returned to the general education program.

(g) The chief school administrator shall make the final determination on whether the student is prepared to return to the general education program or whether the student shall remain in an alternative education program or receive home or other out-of-school instruction based on the following criteria:

1. The nature and severity of the offense;

2. The district board of education removal decision;

3. The results of any relevant testing, assessments or evaluation of the student; and

4. The recommendation of the principal or director of the alternative education program or home or other out-of-school instruction program in which the student has been placed.

(h) This section does not apply to any student who has obtained the written authorization of the chief school administrator to lawfully possess a firearm while participating in a school-sponsored function.

1. The chief school administrator shall not provide such authorization to any student who has been convicted or adjudicated delinquent for possession of a firearm or for a crime involving the use of a firearm.

(j) Each district board of education shall annually make available its adopted policies and procedures for implementing this section to all school staff, students, and parents or guardians.