6A:22-4.3 Removal of currently enrolled students
(a) Nothing in this subchapter shall preclude a district board of education from seeking to identify, through further investigation or periodic requests for current validation of previously determined eligibility status, students enrolled in the district who may be ineligible for continued attendance due to error in initial assessment, changed circumstances or newly discovered information.
(b) When a student, enrolled and attending school in the school district based on an initial determination of eligibility, is later determined to be ineligible for continued attendance, the chief school administrator may apply to the district board of education for removal of the student.
1. The chief school administrator shall issue a preliminary notice of ineligibility meeting the requirements of N.J.A.C.6A:22-4.2. However, such notice shall also provide for a hearing before the district board of education prior to a final decision on removal.
(c) No student shall be removed from school unless the parent, guardian, adult student or resident keeping an "affidavit student," as the case may be, has been informed of his or her entitlement to a hearing before the board of education.
(d) Once the hearing is held, or if the parent, guardian, adult student or resident keeping an "affidavit student," as the case may be, does not respond to the chief school administrator's notice within the designated time frame or appear for hearing, the district board of education shall make a prompt determination of the student's eligibility or ineligibility and shall immediately provide notice thereof in accordance with the requirements of N.J.A.C. 6A:22-4.2.
(e) Hearings required pursuant to this subchapter may be conducted, if board policy so provides, by a committee of the district board of education which shall then make a recommendation to the full board; however, no student may be removed except by vote of the district board of education taken at a meeting duly convened and conducted pursuant to N.J.S.A. 10:4-6 et seq., the Open Public Meetings Act.
Recodified from N.J.A.C. 6A:28-2.8 and amended by R. 2004 d. 377, effective October 4, 2004. See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a). In (b), inserted "school district based on an initial determination of eligibility" preceding "attending school in the" introductory paragraph and amended the N.J.A.C. reference in 1 and (d). Amended by R. 2010 d. 025, effective January 19, 2010. See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b). In (c) and (d), deleted "legal" preceding "guardian".