STUDENT DISCIPLINE RIGHTS AND PROCEDURES: 
                        A GUIDE FOR ADVOCATES 
                              SECOND EDITION 
                           EDUCATION LAW CENTER 
                           60 PARK PLACE, SUITE 300 
                             NEWARK, NJ 07102 
                               (973) 624-1815 
                             TDD: (973) 624-4618 
                             FAX: (973) 624-7339 
                             www.edlawcenter.org 
        ACKNOWLEDGEMENTS 
            This manual was originally written by Ellen Boylan, Esq., former senior attorney 
        at Education Law Center ("ELC"), with contributions by Elizabeth Athos, Esq., ELC 
        senior attorney, Jennifer Weiser, Esq., former ELC Skadden Fellow, and Diana MTK 
        Autin, co-executive director of the Statewide Parent Advocacy Network. This manual 
        was revised in 2009 by Ms. Athos, incorporating updates on special education discipline 
        prepared in 2008 by ELC senior attorney Ruth Deale Lowenkron, Esq. and former ELC 
                             Further revisions to the manual were made in 2012 
        senior attorney David Giles, Esq. 
        under the supervision of Ms. Athos, with the generous assistance of Boston University 
        School of Law students Jeffrey Cravens, class of 2012, and Sarah Rubin, class of 2013, 
        and City University of New York School of Law student Hannah Kaplan, class of 2014. 
        DISCLAIMER 
            The information provided in this guide helps explain the laws affecting the rights 
        of students in school discipline cases in New Jersey, but should not be construed as legal 
        advice.  This manual is provided for educational and informational purposes only, and 
        contains general information that may not reflect current or complete legal developments.  
        Readers are encouraged to seek appropriate legal advice from a licensed attorney on the 
        particular facts and circumstances at issue for students undergoing school discipline. 
        © 2012 Education Law Center 
                           TABLE OF CONTENTS 
                                   
         
        INTRODUCTION……………………………………………………………………………….7 
        PART I: GENERAL EDUCATION LAWS AND 
        PROCEDURES…………………………...8 
          SOURCES OF STUDENT DISCIPLINE LAW……………………………………………….8 
         
            CODE OF STUDENT CONDUCT…………………………………………………………….9 
         
          A SCHOOL’S DUTY TO PREVENT SUSPENSION AND EXPULSION…………………10 
         
          GROUNDS FOR SUSPENSION AND EXPULSION……………………………………….11 
         
          DISTINCTIONS BETWEEN SUSPENSION AND EXPULSION…………………………..14 
         
          REQUIREMENTS FOR SUSPENSION OF 10 DAYS OR LESS…………………………...15 
         
          PROCEDURAL REQUIREMENTS FOR LONG-TERM SUSPENSION & EXPULSION...17  
         
          DISCIPLINE RULES FOR ASSAULT AGAINST SCHOOL PERSONNEL, ASSAULT 
          WITH A WEAPON, GUN POSSESSION AT SCHOOL AND GUN CONVICTION……...21 
         
            DISCIPLINE FOR BEHAVIOR OFF SCHOOL GROUNDS………………………………..23 
         
          REMOVAL FROM SCHOOL DUE TO SUSPECTED SUBSTANCE ABUSE…………….24 
         
           Local Board Discipline Policies…………………………………………………………….24 
            
           Removal from School and Medical Examination…………………………………………..26 
         
          SEARCH AND SEIZURE…………………………………………………………………….29 
         
           Search Based on Reasonable Suspicion…………………………………………………….29 
         
           Suspicionless Searches……………………………………………………………………...31 
         
          REFERRAL TO LAW ENFORCEMENT……………………………………………………32 
         
          LOSS OF PRIVILEGES AND COMMUNITY SERVICE…………………………………..35 
         
          WHAT TO DO AT A BOARD OF EDUCATION DISCIPLINE HEARING……………….36 
         
          DEFENSES TO STUDENT DISCIPLINE…………………………………………………...40 
         
           The Constitutional Right to a Public Education……………………………………………41 
         
           The Constitutional Right to Equal Protection of the Law…………………………………..44 
         
           The Right to Non-Arbitrary School Board Action………………………………………….45 
           The Right to Procedural Due Process………………………………………………………46 
           Defending Against Zero Tolerance…………………………………………………………46 
                The Constitutional Right to Free Speech…………………………………………………...48 
         
          ALTERNATIVE EDUCATION AND HOME INSTRUCTION DURING LONG-TERM 
          SUSPENSION, EXPULSION AND REMOVAL…………………………………………….50 
         
           The Right to Alternative Education for Students Removed from School…………………..51 
           Home Instruction…………………………………………………………………………...54 
          APPEALING A STUDENT DISCIPLINE DETERMINATION…………………………….56 
         
           Steps for Appeal…………………………………………………………………………….58 
         
           Relief Available in Appeal to Commissioner………………………………………………59 
         
           Moving for Emergent Relief………………………………………………………………..61 
         
           Filing an Appeal with the Commissioner…………………………………………………..62 
         
          GRADES AND ACADEMIC CREDIT………………………………………………………64 
         
          RECORDS…………………………………………………………………………………….64 
         
          CORPORAL PUNISHMENT………………………………………………………………...65 
         
          LIABILITY FOR UNCONSTITUTIONAL ACTION……………………………………….66 
         
        PART II: SPECIAL EDUCATION LAWS AND 
        PROCEDURES…………………………..66 
          THE RIGHT TO POSITIVE BEHAVIORAL INTERVENTIONS AND 
          STRATEGIES AND SPECIAL PROTECTIONS IN SCHOOL DISCIPLINE AND