Bill Text: NJ S2081 | 2016-2017 | Regular Session | Chaptered
Bill Title: Limits expulsions and suspensions for students in preschool through grade 2 with certain exceptions; requires early detection and prevention programs for behavioral issues in preschool through grade 2.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2016-09-06 - Approved P.L.2016, c.45. [S2081 Detail]
Download: New_Jersey-2016-S2081-Chaptered.html
§§1,2 -
C.18A:37-2a &
18A:37-2b
§4 - Note
An Act concerning expulsions and suspensions for young students, supplementing chapter 37 of Title 18A of the New Jersey Statutes, and amending P.L.1995, c.426.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding the provisions of N.J.S.18A:37-2 or any other provision of law to the contrary, a student who is enrolled in grades kindergarten through two in a school district or charter school shall not be expelled from school, except as provided pursuant to the "Zero Tolerance for Guns Act," P.L.1995, c.127 (C.18A:37-7 et seq.).
b. Notwithstanding the provisions of N.J.S.18A:37-2 or any other provision of law to the contrary, a student who is enrolled in grades kindergarten through two in a school district or charter school shall not receive an out-of-school suspension, except when the suspension is based on conduct that is of a violent or sexual nature that endangers others.
c. Notwithstanding the provisions of N.J.S.18A:37-2 or any other provision of law to the contrary, a student who is enrolled in preschool in a school district or charter school shall not be suspended, and shall not be expelled from school, except as provided pursuant to the "Zero Tolerance for Guns Act," P.L.1995, c.127 (C.18A:37-7 et seq.).
2. (New section) A school district or charter school shall implement an early detection and prevention program to: identify students in preschool through grade two who are experiencing behavioral or disciplinary problems; and provide behavioral supports for these students, which may include, but need not be limited to, remediation of problem behaviors, positive reinforcements, supportive interventions, and referral services. An early detection and prevention program may be incorporated into the intervention and referral services required to be established in each school pursuant to State Board of Education regulations.
3. Section 9 of P.L.1995, c.426 (C.18A:36A-9) is amended to read as follows:
9. A student may withdraw from a charter school at any time. [A] Except as otherwise provided in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), a student may be expelled from a charter school based on criteria determined by the board of trustees, which are consistent with the provisions of N.J.S.18A:37-2, and approved by the commissioner as part of the school's charter. Any expulsion shall be made upon the recommendation of the charter school principal, in consultation with the student's teachers.
(cf: P.L.1995, c.426, s.9)
4. This act shall take effect in the first full school year following the date of enactment.
STATEMENT
Current law at N.J.S.18A:37-2 outlines the types of conduct that may constitute good cause for the suspension or expulsion of a student from school. This bill would place limits on expulsions and suspensions for students enrolled in preschool through second grade in a school district or charter school. Under the bill, students in kindergarten through second grade may not be expelled from school, except as provided pursuant to the "Zero Tolerance for Guns Act," P.L.1995, c.127 (C.18A:37-7 et seq.). The bill also prohibits out-of-school suspensions for students in kindergarten through second grade, except when the suspension is based on conduct that is of a violent or sexual nature that endangers others. In addition, the bill prohibits all suspensions for preschool students and provides that preschool students may not be expelled, except as provided pursuant to the "Zero Tolerance for Guns Act."
The bill also requires school districts and charter schools to implement an early detection and prevention program to identify students in preschool through grade two who are experiencing behavioral or disciplinary problems, and provide behavioral supports for these students, which may include, but need not be limited to, remediation of problem behaviors, positive reinforcements, supportive interventions, and referral services. An early detection and prevention program may be incorporated into the system of intervention and referral services that is required to be established in each school under current State Board of Education regulations at N.J.A.C.6A:16-8.1 to 8.2.
Limits expulsions and suspensions for students in preschool through grade 2 with certain exceptions; requires early detection and prevention programs for behavioral issues in preschool through grade 2.
