Benjamin Franklin Middle School Student/Parent Handbook 2016-2017 | Page 52

Written notice that further engagement by the student in conduct warranting expulsion shall amount to a knowing and voluntary waiver of the student’ s right to a free public education, in the event that a decision to expel the student is made by the Board of Education;
A list of witnesses and statements, information on the right of the student to secure an attorney;
� A formal hearing 30 calendar days following the day the student is suspended. 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 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.
Educational services, either in or out of school, provided within five days of suspension;
Suspension may not be continued beyond a District’ s second regular board meeting following the suspension unless otherwise determined by the Superintendent;
� �
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 reviewed at each subsequent Board meeting; and
The Superintendent shall determine when the student can return to the general education program, receive alternative instruction or be subject to expulsion process.
For legal assistance with disciplinary matters, you may contact the following:
Northeast New Jersey Legal Services 61 Kansas Street Hackensack, New Jersey( 201) 487-2166
Bergen County Bar Association 15 Bergen Street Hackensack, New Jersey( 201) 488-0032
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