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Current as of January 01, 2024 | Updated by Findlaw Staff
Any pupil who commits an assault upon a teacher, administrator, board member, other employee of a school board or another student, with a weapon, on any school property, on a school bus, or at a school-sponsored function shall be immediately removed from the school's regular education program pending a hearing before the local board of education.
For purposes of this section “assault” means those actions defined under subsection a.(1) of N.J.S. 2C:12-1.
For purposes of this section “weapon” includes but is not limited to those items enumerated in subsection r. of N.J.S. 2C:39-1, except a firearm as defined by N.J.S. 2C:39-1f and 18 U.S.C. § 921.
Any student that is removed from the regular education program pursuant to this section shall be placed in an alternative education program. If placement in an alternative education program is not available, the pupil shall be provided home instruction or other suitable facilities and programs until placement is available. The provisions herein shall be construed in a manner consistent with 20 U.S.C. § 1400 et seq. Nothing herein shall be construed as prohibiting the expulsion of a pupil.
Cite this article: FindLaw.com - New Jersey Statutes Title 18A. Education 18A § 37-2.2 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-18a-education/nj-st-sect-18a-37-2-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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