Title 18A, Title 18A: EDUCATION

18A:37-18 Other remedies unaffected. 6. This act shall not be interpreted to prevent a victim from seeking redress under any other available law either civil or criminal. This act does not create or alter any tort liability. L.2002,c.83,s.6.

18A:37-19 Application by school district for reimbursement. 7. A school district that incurs additional costs due to the implementation of the provisions of this act shall apply to the Commissioner of Education for reimbursement. L.2002,c.83,s.7.

18A:37-2 Causes for suspension, expulsion of pupils. 18A:37-2. Any pupil who is guilty of continued and willful disobedience, or of open defiance of the authority of any teacher or person having authority over him, or of the habitual use of profanity or of obscene language, or wh…

18A:37-2.1. Suspension, expulsion of pupil for assault, appeal; report 2. a. Any pupil who commits an assault, as defined pursuant to N.J.S.2C:12-1, upon a teacher, administrator, board member or other employee of a board of education, acting in the performance of his duties and …

18A:37-2.2. Offense by pupil involving assault, removal from school's regular education program 1. Any pupil who commits an assault upon a teacher, administrator, board member, other employee of a school board or another student, with a weapon, on any school property, on a school…

18A:37-2.3. Responsibility for removal, report 2. The principal or his or her designee shall be responsible for the removal of any pupil pursuant to section 1 of P.L.1995, c.128 (C.18A:37-2.2). The principal or his or her designee shall immediately report the removal of any pupil…

18A:37-2.4. Hearing 3. a. Any pupil removed pursuant to section 1 of P.L.1995, c.128 (C.18A:37-2.2) shall be entitled to a hearing before the local board of education to determine if the pupil is guilty of committing an assault upon a teacher, administrator, board member, other e…

18A:37-2.5. Determination of pupil's preparedness to return 4. The chief school administrator shall determine when the pupil is prepared to return to the regular education program in accordance with procedures to be established by the Commissioner of Education. L.1995,c.128,s.4.

18A:37-20 Appointment of school anti-bullying specialists, coordinator. 17. a. The principal in each school in a school district shall appoint a school anti-bullying specialist. When a school guidance counselor, school psychologist, or another individual similarly trained is curr…

18A:37-21 School safety teams. 18. a. A school district shall form a school safety team in each school in the district to develop, foster, and maintain a positive school climate by focusing on the on-going, systemic process and practices in the school and to address school climat…

18A:37-22 Program required for teaching certification. 19. a. Beginning with the 2012-2013 school year, all candidates for teaching certification who have completed a teacher preparation program at a regionally-accredited institution of higher education shall have satisfactorily …

18A:37-23 Program required for administrative and supervisory certification. 20. Beginning with the 2012-2013 school year, all candidates for administrative and supervisory certification shall have satisfactorily completed a program on harassment, intimidation, and bullying preve…

18A:37-24 Development of guidance document. 21. a. The Department of Education, in consultation with the Division on Civil Rights in the Department of Law and Public Safety shall develop a guidance document for use by parents or guardians, students, and school districts to assist…

18A:37-25 Establishment of formal protocol for investigating a complaint. 22. a. The Commissioner of Education shall establish a formal protocol pursuant to which the office of the executive county superintendent of schools shall investigate a complaint that documents an allegati…

18A:37-26 Inservice workshops, training programs. 23. a. The Commissioner of Education, in consultation with recognized experts in school bullying from a cross section of academia, child advocacy organizations, nonprofit organizations, professional associations, and government ag…

18A:37-27 Development of online tutorial, test. 24. The Commissioner of Education shall develop, in consultation with the Division on Civil Rights, and make available on the Department of Education's Internet site, an online tutorial on harassment, intimidation, and bullying. The…

18A:37-28 "Bullying Prevention Fund." 25. There is created a special fund in the Department of Education, which shall be designated the "Bullying Prevention Fund." The fund shall be maintained in a separate account and administered by the commissioner to carry out the provisions …

18A:37-29 "Week of Respect"; designated. 26. The week beginning with the first Monday in October of each year is designated as a "Week of Respect" in the State of New Jersey. School districts, in order to recognize the importance of character education, shall observe the week by …

18A:37-2a Conditions for suspension, expulsion of certain students. 1. 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 …

18A:37-2b Early detection and prevention program. 2. 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…

18A:37-2c Meeting relative to suspension, expulsion of student. 1. a. In the event a student has experienced multiple suspensions or may be subject to a proposed expulsion from public school, the principal shall convene a meeting, as soon as practicable, between the student and a…

18A:37-3. Liability of parents or guardian of minor for damage to property The parents or guardian of any minor who shall injure any public or nonpublic school property shall be liable for damages for the amount of injury to be collected by the board of education of the district …

18A:37-30 Construction of act. 27. Nothing contained in P.L.2010, c.122 (C.18A:37-13.1 et al.) shall be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on that act's effective date. L.2010, c.122, s.27.

18A:37-31 Compliance by nonpublic schools encouraged. 29. a. Nonpublic schools are encouraged to comply with the provisions of the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), as amended and supplemented by P.L.2010, c.122 (C.18A:37-13.1 et al.). b. I…

18A:37-32 Inapplicability to certain situations. 30. Nothing contained in the "Anti-Bullying Bill of Rights Act," P.L.2002, c.83 (C.18A:37-13 et seq.), as amended and supplemented by P.L.2010, c.122 (C.18A:37-13.1 et al.), shall alter or reduce the rights of a student with a disa…

18A:37-32.1 Rules, regulations. 5. Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) or any other law to the contrary, the commissioner may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the commissioner dee…

18A:37-32.2 Policy against hazing for district with high school, middle school. 5. a. Each board of education of a school district with a high school or middle school and the governing board or chief school administrator of a nonpublic high school or middle school shall adopt a w…

18A:37-32.3 Program for enforcement of policy against hazing. 6. a. Each board of education of a school district with a high school or middle school and the governing board or chief school administrator of a nonpublic high school or middle school shall provide a program for the e…

18A:37-33 Findings, declarations relative to dating violence policy and education. 1. The Legislature finds and declares that: a safe and civil environment in school is necessary for students to learn and achieve high academic standards; a student who is a victim of dating violen…

18A:37-34 Definitions relative to dating violence policy and education. 2. As used in this act: "At school" means in a classroom or anywhere on school property, on a school bus or other school-related vehicle, at an official school bus stop, or at any school-sponsored activity or…

18A:37-35 Task force to develop policy. 3. a. The Department of Education shall establish a task force to develop a policy to address incidents of dating violence involving students at school. The task force shall include members who have expertise in issues relating to dating vi…

18A:37-36 Educational resources, recommendation, posting on website. 4. The Department of Education shall recommend educational resources on dating violence and shall post these materials on its website. L.2011, c.64, s.4.

18A:37-37 Interpretation. 5. The provisions of P.L.2011, c.64 (C.18A:37-33 et al.) shall not be interpreted to prevent a victim from seeking redress under any other available law, either civil or criminal, and does not create or alter any tort liability. L.2011, c.64, s.5. 18A:37…

18A:37-38 Definitions relative to restorative justice. 1. As used in this act: "Adverse childhood experiences" means severe childhood stressors that, when experienced prenatal to three years old, affect brain development and which are proven to be powerful determinants of physica…

18A:37-39 "Restorative Justice in Education Pilot Program." 2. Within six months of the effective date of this act, the Commissioner of Education shall establish a three-year "Restorative Justice in Education Pilot Program" to implement restorative justice practices in the public…

18A:37-4. Suspension of pupils by teacher or principal The teacher in a school having but one teacher or the principal in all other cases may suspend any pupil from school for good cause but such suspension shall be reported forthwith by the teacher or principal so doing to the s…

18A:37-40 Application for participation by school district. 3. A school district that wants to participate in the pilot program shall submit an application to the commissioner. The application shall identify one school within the school district to implement the restorative justi…

18A:37-41 Selection of districts. 4. a. After reviewing the applications submitted pursuant to section 3 of this act, the commissioner shall select five districts in each of the southern, central, and northern regions of the State to participate in the program. b. The commissione…

18A:37-42 Limitation of number, duration of student expulsions, suspensions. 5. The principal of a school selected to participate in the pilot program shall be required to limit the number and duration of student expulsions and suspensions to the greatest extent practicable. The …

18A:37-43 Ongoing professional development for teachers, staff. 6. A school district selected to participate in the pilot program shall provide ongoing professional development to teachers and other staff employed in the school in which the restorative justice model is being impl…

18A:37-44 Application for grant, aid. 7. A school district selected to participate in the pilot program may seek and apply for any grant or aid from the federal government, or any appropriate nonprofit organization, foundation or trust, or any other public or private source that …

18A:37-45 Report. 8. Each school district shall prepare and submit to the commissioner a report on its experience with and the effects of the pilot program. The report shall include, to the greatest extent feasible, quantifiable measures of the program impact including, but not l…

18A:37-46 "Restorative Justice Education Fund." 9. There is established within the Department of Education a fund to be known as the "Restorative Justice Education Fund." The fund shall be used to provide grants to participating schools pursuant to subsection c. of section 4 of t…

18A:37-47 Report to Governor, Legislature. 10. At the conclusion of the pilot program, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature. The report shall contain information on the implementation …

18A:37-5. Continuation of suspension; reinstatement or expulsion No suspension of a pupil by a teacher or a principal shall be continued longer than the second regular meeting of the board of education of the district after such suspension unless the same is continued by action o…

18A:37-6. Rules, regulations 6. The State Board of Education, in consultation and cooperation with the Attorney General, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations regarding law enforcement activities on…