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A formal hearing 30 calendar days following the day the student is suspended before the Board of Education. During the hearing, the student can confront and cross-examine witnesses when there is a question of fact, present his or her own defense and produce oral testimony or written supporting affidavits;
� A written decision by the Board will be provided within five school days of the closing of the formal hearing; � The decision of the Board may be appealed to the Commissioner of Education within 90 days; � Unless otherwise determined by the Board, suspension may not be continued beyond a
District’ s second regular Board meeting following the suspension; � The determination to continue suspension shall be based on the nature and severity of the offense, the removal decision, and the results of testing, evaluations and assessments; � The determination shall be renewed at each subsequent Board meeting; and � The Superintendent shall determine when student can return to general education program, receive alternative instruction or be subject to expulsion process. � For legal assistance with disciplinary matters, you may contact your local Bar Association for a referral;
Expulsion The District may expel a student, as long as the due process procedures described above have been followed and appropriate educational services / programs have been provided. The District must provide educational services / programs for an expelled student until the student graduates from high school or reaches the age of 20, unless the student has waived his right to a free public education. If the expulsion has been appealed, the student will continue to receive services until a final determination has been made. An expulsion of a disabled student must be handled in accordance with the State and federal regulations governing special education students and District policy and procedures.
Policy 2460
SPECIAL EDUCATION The Teaneck Board of Education assures compliance with Part B of the Individuals with Disabilities Education Act( IDEA) and the New Jersey Administrative Code 6A: 14-1 et seq. Furthermore, the Board will have programs and procedures in effect to ensure the following:
1. All pupils with disabilities, who are in need of special education and related services, including pupils with disabilities attending nonpublic schools, regardless of the severity of their disabilities, are located, identified, and evaluated according to N. J. A. C. 6A: 14-3.3.
2. Homeless pupils are located, identified, and evaluated according to N. J. A. C. 6A: 14-3.3, and are provided special education and related services in accordance with the IDEA, including the appointment of a surrogate parent for unaccompanied homeless youths as defined in 42 U. S. C. §§ 11431 et seq.
3. Pupils with disabilities are evaluated according to N. J. A. C. 6A: 14-2.5 and 3.4.
4. An Individualized Education Program( IEP) is developed, reviewed and as appropriate, revised according to N. J. A. C. 6A: 14- 3.6 and 3.7.
5. To the maximum extent appropriate, pupils with disabilities are educated in the least restrictive environment according to N. J. A. C. 6A: 14-4.2.
6. Pupils with disabilities are included in State-wide and district-wide assessment programs with appropriate accommodations, where necessary according to N. J. A. C. 6A: 14-4.10. All pupils with disabilities will participate in State-wide assessments or the applicable Alternative Proficiency Assessment in grades three, four, five, six, seven, eight, and eleven in accordance with their assigned grade level.
7. Pupils with disabilities are afforded procedural safeguards required by N. J. A. C. 6A: 14-2.1 et seq., including appointment of a surrogate parent, when appropriate.
8. A free appropriate public education is available to all pupils with disabilities between the ages of three and twenty-one, including pupils with disabilities who have been suspended or expelled from school:
a. The obligation to make a free, appropriate public education available to each eligible pupil begins no later than the pupil’ s third birthday and that an individualized education program( IEP) is in effect for the pupil by that date;
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