6A:16-5.7 Assaults on district board of education members or employees
(a) Each district board of education shall adopt and implement policies and procedures regarding any student who commits an assault, as defined under N.J.S.A. 2C:12-1(a)1, not involving the use of a weapon or firearm, upon a teacher, administrator, board member or other employee of a school board acting in the performance of his or her duties and in a situation where his or her authority to act is apparent, or as a result of the victim’s relationship to a public education institution, according to the requirements of N.J.S.A. 18A:37-2.1.
(b) Any general education student who commits an assault pursuant to (a) above, shall be immediately removed from school consistent with due process procedures, pending a hearing pursuant to N.J.A.C. 6A:16-7.2 through 7.6.
1. Nothing in this section shall be construed as prohibiting the expulsion of a general education student.
(c) Any student with a disability who commits an assault pursuant to (a) above shall be removed in accordance with N.J.A.C. 6A:14.
(d) The principal or his or her designee shall:
1. Remove any student as set forth in (a) above;
2. Isolate the student and place the student under the supervision of school staff until such time as the parent or appropriate agency takes custody of the student;
3. Immediately report the removal of the student to the district’s chief school administrator; and
4. Notify the student's parent of the removal action and the student's due process rights.
(e) The district board of education shall provide due process proceedings for a general education student in accordance with N.J.A.C. 6A:16-7.2 through 7.3 and 7.5 through 7.6, or in the case of a student with a disability, in accordance with N.J.A.C. 6A:14-2.7 through 2.8.
(f) Each chief school administrator shall submit a report annually to the Commissioner of Education on each incident and the circumstances surrounding the removal of students, pursuant to (b) above, utilizing the Electronic Violence and Vandalism Reporting System, pursuant to N.J.A.C. 6A:16-5.3(e)1.
(g) Each district board of education shall annually make available its adopted policies and procedures for implementing this section to all school staff, students, and parents.