CONDUCT/DISCIPLINE
Monitored:
Indicators 1.1, 2.3, 5.1
Mandated:
N.J.S.A. 18A:37-15 requires policy prohibiting harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus.
N.J.S.A. 18A:40A‑10 requires policy statement providing for discipline of pupils who are substance abusers.
N.J.S.A. 18A:40A‑11 requires policies and procedures for discipline of pupils involved in incidents of possession or abuse of substances on school property or at school functions.
N.J.A.C. 6A:16-1.4(a)13 requires policies that provide for the development and implementation of a code of student conduct. Required elements of the code are listed at N.J.A.C. 6A:16-5.1
N.J.A.C. 6A:16-1.4(a)15 through –18 require policies on the removal of students for weapons offenses and assaults, prohibition of remotely activated paging devices, cooperation with law enforcement and substance abuse prevention, intervention and treatment referral.
N.J.A.C. 6A:16-4.1 requires policies and procedures for the assessment, evaluation, intervention and referral to treatment and discipline of pupils who possess, consume or on reasonable grounds are suspected of being under the influence of substances defined by law; must include sanctions graded according to severity of offense. Other required components are listed at N.J.A.C. 6A:16-4.1(a)(b)(c).
N.J.A.C. 6A:16-6.1 requires adoption of policies and procedures to ensure cooperation between school staff and law enforcement authorities in all matters pertaining to unlawful possession, distribution and disposition of controlled dangerous substances, drug paraphernalia, alcohol, firearms and other deadly weapons. Required elements of these policies and procedures are included at N.J.A.C. 6A:16-6.2(a)(b).
Other Reasons:
The weight of court and commissioner decisions, added to the possibly damaging consequences to the district of a lack of clear policy, makes it a critical policy topic for behavior other than substance abuse or weapons possession.
Page 1 of 4 11/02
5131lr
NJSBA POLICY AND LIBRARY RESOURCES
New Jersey School Boards Association, P.O. Box 909, Trenton, NJ 08605-0909
Copyright 2002 by NJSBA. All rights reserved.
File Code: 5131
CONDUCT/DISCIPLINE (continued)
N.J.S.A. 2A:4A-60 allows the principal to request information from law enforcement authorities on a juvenile charged with an offense, including the identity of the juvenile, the offense charged and the adjudication and disposition of the case. Law enforcement or the prosecuting agency must inform the principal under all circumstances enumerated in the statute. N.J.A.C. 6A:16-1.4(a)19 and N.J.A.C.
6A:16-5.4 require policy on maintaining confidentiality during these proceedings.
Recommendation:
A policy that:
A. Addresses general standards of student conduct;
B. Addresses general standards of disciplinary action;
C. Addresses special concerns in disciplining the educationally disabled;
D. Requires appropriate levels of due process and graded sanctions appropriate to the seriousness of the offense;
E. Requires staff effort to identify disruptive and disaffected pupils and to provide appropriate educational programs and services for them;
F. Disciplinary sanctions for substance abuse should be addressed at 5131.6 as well as here. Weapons and dangerous instruments are addressed at 5131.7. Policy on vandalism, violence and threats is at 5131.5;
G. Prohibits harassment, intimidation or bullying on school property, at a school-sponsored function or on a school bus.
Abbott districts should clearly define acceptable and unacceptable student behaviors in their student codes of conduct and include consequences for violating the codes. They should include assurances that they are doing whatever is necessary to promote a school climate that is safe and conducive to learning. Review existing student behavior policies to ensure maximum effectiveness.
Legal References: N.J.S.A. 2A:4A-60 et al. Disclosure of juvenile information; penalties for
disclosure
N.J.S.A. 2C:12-1 Definition of assault
N.J.S.A. 2C:33‑19 Paging devices, possession by students
N.J.S.A. 2C:39-5 Unlawful possession of weapons
N.J.S.A. 18A:6‑1 Corporal punishment of pupils
N.J.S.A. 18A:11‑1 General mandatory powers and duties
N.J.S.A. 18A:25‑2 Authority over pupils
N.J.S.A. 18A:37-1 et seq. Discipline of Pupils
File Code: 5131
CONDUCT/DISCIPLINE
Legal References (continued)
See particularly:
N.J.S.A. 18A:37-15
N.J.S.A. 18A:40A-1 et seq. Substance Abuse
N.J.S.A. 18A:54‑20 Powers of board (county vocational schools)
N.J.A.C. 6:8‑2.1 Reporting requirements
N.J.A.C. 6:8-2.2 School-level planning
N.J.A.C. 6A:14-2.8 Discipline/suspension/expulsion
N.J.A.C. 6A:16-1.1et seq. Programs to Support Student Development
See particularly:
N.J.A.C. 6A:16-1.4, -1.5,
-4.1, -5.1, -6.1, -6.2
N.J.A.C. 6A:24-4.1(i)7 Implementation of Whole School Reform Model
20 U.S.C.A. 1415(k) Individual with Disabilities Education Act Amendments of 1997
Bethel School District No. 403, v. Fraser, 478 U.S. 675 (1986)
Hazelwood v. Kuhlmeier 484 U.S. 260 (1988)
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)
Possible
Cross References: *1220 Ad hoc advisory committees
*1410 Local units
3517 Security
*3541.33 Transportation safety
*4131/ Staff development; inservice education/visitation conferences
4131.1
4148 Employee protection
*4231/ Staff development; inservice education/visitation conferences
4231.1
4248 Employee protection
5000 Concepts and roles in pupil personnel
5010 Personal goals and objectives for pupils
*5020 Role of parents/guardians
*5113 Absences and excuses
*5114 Suspension and expulsion
*5124 Reporting to parents/guardians
File Code: 5131
*5127 Commencement activities
*5131.5 Vandalism/violence
*5131.6 Drugs, alcohol, tobacco (substance abuse)
*5131.7 Weapons and dangerous instruments
5132 Dress and grooming
5145 Rights
5145.2 Freedom of speech/expression
*5145.4 Equal educational opportunity
*5145.6 Pupil grievance procedure
*5145.11 Questioning and apprehension
*5145.12 Search and seizure
*6145 Extracurricular activities
*6164.4 Child study team
*6171.4 Special education
*6172 Alternative educational programs
*Indicates policy is included in the Critical Policy Reference Manual.