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2013-2014 Parent/Student Handbook - Asbury Park School District

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41 | P a g e<br />

Discipline<br />

<strong>Student</strong>s who do not obey the reasonable rules of the school or who disrupt the school are subject to<br />

disciplinary action, including suspension and expulsion from school. Only the <strong>Asbury</strong> <strong>Park</strong> Board of Education<br />

may expel a student from school. <strong>Parent</strong>s have the right to be notified immediately if their child has been<br />

suspended from school.<br />

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The <strong>Asbury</strong> <strong>Park</strong> Board of Education must be notified of the Principal’s decision to suspend a student<br />

before the next regular meeting of the board. Suspension of the student may not extend beyond the<br />

following board meeting unless the board continues the suspension.<br />

When a student is suspended for ten days or less, parents have the right to an informal hearing. The<br />

parents and their child are informed of the charges leading to the suspension and have an opportunity<br />

to present a defense.<br />

When a student is suspended for more than ten days or is expelled, parents have the right to both the<br />

informal hearing and a full Due Process Hearing. During the full Due Process Hearing, the parents and<br />

their child have the right to the following: notification of the charges, names of witnesses, copies of<br />

statements of witnesses, the opportunity for the student to speak in his or her defense, the<br />

opportunity to cross examine witnesses, and the opportunity to be represented by counsel.<br />

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<strong>Parent</strong>s of classified students have rights concerning the suspension or expulsion of their children from<br />

school. If the child study team decides there is a relationship between the child’s disability and the<br />

disruptive behavior, the student may not be expelled.<br />

<strong>Parent</strong>s must be notified of any change in the classified child’s educational program (including<br />

suspension) and/or their right to appeal the decision to an independent hearing officer. Pending the<br />

parents’ appeal, no program change can be made, unless the student is a danger to himself/herself or<br />

to others.<br />

<strong>Parent</strong>s have the right to appeal the Board of Education suspension or expulsion of their disabled child<br />

to the New Jersey Commissioner of Education. Appeal from a decision of the Commissioner is made to<br />

the State Board of Education. Decisions of the State Board may be appealed to the courts.<br />

<strong>Student</strong> Vandalism<br />

New Jersey State Law holds parents responsible for damage of school property caused by their children.<br />

<strong>Parent</strong>s must pay the <strong>Asbury</strong> <strong>Park</strong> Board of Education for the damaged property and any court costs.<br />

<strong>Student</strong> Searches<br />

The New Jersey Supreme Court has ruled that school officials have the right to search students or their lockers<br />

if they have reasonable grounds to believe a student has evidence of illegal activity or activity that would<br />

interfere with school order. <strong>School</strong> officials do not need a warrant to search school lockers, but they must<br />

inform students at least once a year that such searches might occur.

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