Benjamin Franklin Middle School Student/Parent Handbook 2016-2017 | Page 52

Written notice that further engagement by the student in conduct warranting expulsion shall amount to a knowing and voluntary waiver of the student ’ s right to a free public education , in the event that a decision to expel the student is made by the Board of Education ;
A list of witnesses and statements , information on the right of the student to secure an attorney ;
� A formal hearing 30 calendar days following the day the student is suspended . 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 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 .
Educational services , either in or out of school , provided within five days of suspension ;
Suspension may not be continued beyond a District ’ s second regular board meeting following the suspension unless otherwise determined by the Superintendent ;
� �
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 reviewed at each subsequent Board meeting ; and
The Superintendent shall determine when the student can return to the general education program , receive alternative instruction or be subject to expulsion process .
For legal assistance with disciplinary matters , you may contact the following :
Northeast New Jersey Legal Services 61 Kansas Street Hackensack , New Jersey ( 201 ) 487-2166
Bergen County Bar Association 15 Bergen Street Hackensack , New Jersey ( 201 ) 488-0032
48