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A formal hearing 30 calendar days following the day the student is suspended before the Board of Education . During the hearing , the student can confront and cross-examine witnesses when there is a question of fact , present his or her own defense and produce oral testimony or written supporting affidavits ;
� A written decision by the Board will be provided within five school days of the closing of the formal hearing ; � The decision of the Board may be appealed to the Commissioner of Education within 90 days ; � Unless otherwise determined by the Board , suspension may not be continued beyond a
District ’ s second regular Board meeting following the suspension ; � The determination to continue suspension shall be based on the nature and severity of the offense , the removal decision , and the results of testing , evaluations and assessments ; � The determination shall be renewed at each subsequent Board meeting ; and � The Superintendent shall determine when student can return to general education program , receive alternative instruction or be subject to expulsion process . � For legal assistance with disciplinary matters , you may contact your local Bar Association for a referral ;
Expulsion The District may expel a student , as long as the due process procedures described above have been followed and appropriate educational services / programs have been provided . The District must provide educational services / programs for an expelled student until the student graduates from high school or reaches the age of 20 , unless the student has waived his right to a free public education . If the expulsion has been appealed , the student will continue to receive services until a final determination has been made . An expulsion of a disabled student must be handled in accordance with the State and federal regulations governing special education students and District policy and procedures .
Policy 2460
SPECIAL EDUCATION The Teaneck Board of Education assures compliance with Part B of the Individuals with Disabilities Education Act ( IDEA ) and the New Jersey Administrative Code 6A : 14-1 et seq . Furthermore , the Board will have programs and procedures in effect to ensure the following :
1 . All pupils with disabilities , who are in need of special education and related services , including pupils with disabilities attending nonpublic schools , regardless of the severity of their disabilities , are located , identified , and evaluated according to N . J . A . C . 6A : 14-3.3 .
2 . Homeless pupils are located , identified , and evaluated according to N . J . A . C . 6A : 14-3.3 , and are provided special education and related services in accordance with the IDEA , including the appointment of a surrogate parent for unaccompanied homeless youths as defined in 42 U . S . C . §§ 11431 et seq .
3 . Pupils with disabilities are evaluated according to N . J . A . C . 6A : 14-2.5 and 3.4 .
4 . An Individualized Education Program ( IEP ) is developed , reviewed and as appropriate , revised according to N . J . A . C . 6A : 14- 3.6 and 3.7 .
5 . To the maximum extent appropriate , pupils with disabilities are educated in the least restrictive environment according to N . J . A . C . 6A : 14-4.2 .
6 . Pupils with disabilities are included in State-wide and district-wide assessment programs with appropriate accommodations , where necessary according to N . J . A . C . 6A : 14-4.10 . All pupils with disabilities will participate in State-wide assessments or the applicable Alternative Proficiency Assessment in grades three , four , five , six , seven , eight , and eleven in accordance with their assigned grade level .
7 . Pupils with disabilities are afforded procedural safeguards required by N . J . A . C . 6A : 14-2.1 et seq ., including appointment of a surrogate parent , when appropriate .
8 . A free appropriate public education is available to all pupils with disabilities between the ages of three and twenty-one , including pupils with disabilities who have been suspended or expelled from school :
a . The obligation to make a free , appropriate public education available to each eligible pupil begins no later than the pupil ’ s third birthday and that an individualized education program ( IEP ) is in effect for the pupil by that date ;
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