Morris School District
MORRIS SCHOOL DISTRICT
Morristown, New Jersey 07960

Policy
File Code: 5114
Monitored: X
Mandated:
Other Reasons X
SUSPENSION AND EXPULSION

The Board views suspension and expulsion of pupils as acts of last resort to be taken when other means of correction have failed and the retention of the pupil in the school would not materially benefit the pupil or would be detrimental to the general welfare of the school and its pupils. Pupils who indulge in disruptive behavior may be suspended or expelled. Disruptive behavior includes, but is not limited to:
  1. Continued and willful disobedience to a teacher or administrator;

  2. Open defiance of the authority of any teacher or other individual in authority;

  3. Conduct of such character as to constitute a continuing danger to the physical well-being of other pupils;

  4. Physical assault upon another pupil, a teacher, or any school employee;

  5. Taking, or attempting to take, personal property or money from another pupil;

  6. Willfully causing, or attempting to cause, substantial damage to school property including lockers;

  7. Taking part in or inciting others to take part in any unauthorized occupancy of a district facility and refusing to leave promptly when directed to do so by a person in authority;

  8. Use of profanity or abusive language;

  9. Turning in a false alarm;

  10. Possessing, selling or being under the influence of alcohol, marijuana or other illegal drug, which includes possessing prescription drugs without a prescription;

  11. Leaving school property without permission;

  12. Smoking or use of tobacco products on school grounds;

  13. Poor attendance and lateness; truancy and class cutting; inciting others to truancy and class cutting;

  14. Tampering with or damaging property of staff member-cars, books attaché cases, etc.;

  15. Gambling (see policy 5135);

  16. Other antisocial behavior as determined by the school administrator;

  17. Possession or use of a weapon or dangerous instrument.
No suspension under A-Q above may continue beyond the second regular meeting of the board following the suspension without board action.

Assault

Any pupil who commits an assault (as defined by N.J.S.A. 2C:12-1) upon a Board member, teacher, administrator or other employee of the Board of Education acting in the performance of his/her duties and in a situation where his/her authority so to act is apparent, or as a result of the victim's relationship to an institution of public education of New Jersey, shall be immediately suspended from school according to procedural due process. No suspension for assault may be continued beyond 21 days without Board action. (Expulsion proceedings shall be begun no later than 21 calendar days from the date of the pupil's suspension).

Suspension

When the principal imposes a suspension, he/she must report it immediately to the Superintendent, who shall report it to the Board at its next regular meeting.

The Board directs the administration to arrange facilities for in-school suspensions whenever possible.

It shall be the policy of the Board that every effort shall be made to adjust each suspension promptly so that the pupil can be returned to school with a minimum loss of school time and school work.

A re-entry conference with the parent/guardian, pupil and designated school personnel will be held prior to the readmission of the suspended pupil. In addition, at the parent/guardian's request, the principal will conduct a meeting with the parent/guardian and the suspended pupil.

Due process shall be provided to a pupil prior to the imposition of any suspension or as soon as is practicable. Such due process shall include at least:
  1. Informing the pupil of the charges and evidence against him/her;

  2. Giving the pupil an opportunity to reply to them. When the suspension is for more than 10 days, full due process procedures shall be followed which include a preliminary hearing and a board hearing.
Expulsion

Only the board has the power to expel a pupil.

The Board will consider expulsion only if:
  1. The principal of the school with his/her staff has exhausted all means of bringing about a correction of repeated misconduct and shall have brought the case before the Superintendent;

  2. The parents/guardians of the pupil have been interviewed and advised of the reasons why expulsion is being considered, of the rights of the pupil to a full hearing which will afford him/her procedural due process, and the right of parents/guardians to appeal to the Superintendent.

  3. The pupil has been evaluated by the child study team.
Under those conditions:
  1. The principal of the school shall suspend the pupil until that appeal is completed, or for such time not to exceed the second regularly scheduled board meeting, at which time the pupil's name will be presented by the Superintendent to the Board with the principal's recommendation for expulsion;

  2. If the Board determines that the charges, if true, may warrant expulsion, the board will set a date for a hearing;

  3. The Board attorney will arrange for the giving of legal notice to all parties concerned and for the preparation and presentation of the evidence in support of the charges at the hearing;

  4. Juvenile authorities and law enforcement agencies shall be notified or consulted if necessary;

  5. All actions take by the administration shall provide procedural due process for the pupil.
Date: April 14, 1986
October 21, 1992 Revised
January 11, 1993 Revised
July 21, 2003, Approved

Legal References:
N.J.S.A. 2C:12-1 Definition of assault
N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:37-1 et seq. Discipline of pupils
See particularly:
N.J.S.A. 18A:37-2.1 through -2.5, 18A:37-7 through -12
N.J.S.A. 18A:40A-1 et seq. Substance abuse
See particularly:
N.J.S.A. 18A:40A-9, -10, 11, -12
N.J.S.A. 18A:54-20 Powers of board (county vocational schools)
N.J.A.C. 6:8-1.1 Words and terms defined
N.J.A.C. 6:8-4.1 Review of mandated programs and services
N.J.A.C. 6:29-6.1 et seq. Substance abuse
See particularly:
N.J.A.C. 6:29-6.3(c)2, -6.4(b)
N.J.A.C. 6A:14-2.8 Discipline/suspension/expulsion
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts
20 U.S.C.A. 1400 et seq. - Section 504 of the Rehabilitation Act of 1973
P.L. 103-382, Improving America's Schools Act of 1994
New Jersey State Board of Education Resolution, September 3, 1980, encourages development of local written policy on pupil conduct.
Goss v. Lopez, 419 U.S. 565, 581 (1975)
Tibbs v. Franklin Township Board of Education, 114 N.J. Super. 287 (App. Div.) aff'd 59 NJ 506 (1971)
R.R. v. Shore Reg. Board of Education, 109 N.J. Super. 337 (Ch. Div. 1970)
H.A. v. Board of Education Warren Hills Regional, 1976 S.L.D. 336
82: July 28, C.F. v. Board of Education of the Upper Freehold Regional School District
Honig v. Doe, 484 U.S. 305 (1988)
See also Commissioners' Decisions indexed under "Pupils--Punishment of" in Index to N.J. School Law Decisions
Manual for the Evaluation of Local School Districts (August 2000)
A Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials (1999 Revisions)

Cross References:
5113 Absences and excuses
5124 Reporting to parents/guardians
5131 Conduct/discipline
5131.5 Vandalism/violence
5131.6 Drugs, alcohol, tobacco (substance abuse)
5131.7 Weapons and dangerous instruments
6154 Homework/makeup work
6164.2 Guidance services
6164.4 Child study team
6171.4 Special education
6172 Alternative educational programs
6173 Home instruction

Key Words
Suspension, Expulsion, Pupil Suspension/Expulsion, Student Suspension/Expulsion
 

Morris School District | 31 Hazel Street | Morristown, New Jersey | Phone: 973-292-2300
Designed and developed by Interactive Media Associates