 |
POLICY No. 5112
BRICK TOWNSHIP BOARD OF EDUCATION Student Information
ATTENDANCE
The Board of Education has an obligation to require that the pupils of Brick Township be present on a regular basis, in accordance with the laws of the State of New Jersey. This supports the philosophy that students need to be present in order to learn, achieve, and develop social skills in order to meet with success.
The Board of Education believes that regular attendance and participation in classes, along with interaction between pupils and teachers, as well as interaction among pupils in class, are a vital and integral part of the learning process. Attendance is a means of serving educational ends, as well as preparation for workplace readiness.
New Jersey Administrative Code mandates the compulsory attendance of all children between the ages of six and sixteen. The responsibility for compliance belongs to the parent(s)/guardian(s) and/or adult students. Each school will be required to keep an accurate record of daily attendance, tardiness, and absences.
Attendance at school may be excused when the demonstrated mental or physical condition of the pupil is such as to interfere with learning or prevent attendance, or by the observance of the pupil’s religion on a day approved by the State Board of Education as a religious observance, or by such circumstances as the Building Principal may determine constitute good cause.
The Board of Education recognizes the need for uniform practices regarding the compilation of attendance related records. The Board directs the Superintendent to establish, implement and support such practices, as in accordance with State laws, and which are fair and consistently applied throughout the school system.
Course credit will be given upon the student’s successful completion of all requirements of an assigned curriculum and other requirements, as stated by the school staff that conforms to Board Policy and State Statute.
The Board will not grant course credit when a student has not met with established attendance regulations, and the Board will not encourage any unexcused absence by any student. Students who fail to meet attendance requirements will be denied credit.
Students who meet the standards for an excused absence will be given the opportunity to complete make-up work. Provisions for make-up work should be consistent throughout the school system and evaluated on a regular basis.
Legal References:
N.J.S.A. 18A36-14 et seq.: 18A: 38-25 et seq.
N.J.S.A. 34: 2-21.1 et seq.
N.J.S.A 6:20-1.1 et seq.
First Reading: July 20, 2006
Adopted: August 17, 2006
Board of Education Policy Attendance
Administrative Regulations
Definitions
Attendance
Absence from school jeopardizes the ability of a pupil to satisfactorily complete the prescribed course of study and violates the statutes requiring children to attend school (NJSA 18A-38: 25-26). In order to facilitate student’s chances for success, the Brick Township School District will work cooperatively with parents to assure students attend school daily and attend each class daily. Brick Township High Schools use a period-by-period attendance program. The number of absences defined in this policy is applied to all classes the student is assigned. Therefore, parents and students need to be aware, of not only the total number of days absent, but also total absences in each class.
Daily Attendance
Attendance is a pupil’s presence in school and in the classroom to which he/she is assigned at the times scheduled for instruction or other school activities. A pupil will be considered to have attended if he/she has been present for at least one-half the normal school day. A pupil who is not present in school, but who is participating in an approved school activity, such as a field trip, meeting, athletic competition, or cooperative education assignment will be considered to be in attendance.
Period Attendance
Period attendance is a student’s attendance for a specific class. It is important to understand that in order to receive graduation credit for a specific class; the student must maintain a passing average and meet a minimum attendance requirement. Any student exceeding sixteen (16) absences for a full year course or eight (8) absences for a semester course will be placed in NO CREDIT status for that course. The only absences not counted in determining NO CREDIT for a course are those identified as excused absences.
| Excused Absence |
Unexcused Absences |
| The pupil’s illness (Doctor’s Note Required) |
Employment, other than school-approved work assignments |
| A death or critical illness in the pupil’s immediate family |
Family travel or vacations |
| Observance of the pupil’s religion on a day approved by the State Board of Education |
Performance of household or babysitting duties |
| The pupil’s internal or external suspension from school |
Illness without a doctor’s note or parent’s note |
 |
Illness with a parent’s note |
| The pupil’s required appearance in court |
An official interviews/visit to a college, university, or institution of higher education |
|
Examination for a driver’s license |
|
Necessary and unavoidable medical or dental appointments that cannot be scheduled at a time other than the school day |
|
Two (2) Tardies |
|
Excess of Ten (10) Minutes Tardy |
|
Cutting class |
|
Leaving Class without permission |
|
Late Sign-in (unless related to an excused absence) |
NOTE: All Tardies To and Absences From a Class will be counted in determining No Credit Status, Except for school sponsored activities and those absences identified as excused.
Excused Absence
Excused absence is a pupil’s absence from school for a full day or a portion of a day for one or more of the following reasons:
a. The pupil’s illness (Doctor’s Note Required)
b. A death or critical illness in the pupil’s immediate family.
c. Observance of the pupil’s religion on a day approved by the State Board of Education.
d. The pupil’s internal or external suspension from school.
e. The pupil’s required appearance in court.
This is not a permissive policy or licensing a limit of days, which may be missed with no harm. Rather, it assumes absences will occur for personal illness, serious personal or family problems, religious holidays, quarantines, and professional appointments that cannot be scheduled in non-school times. Long-term or chronic illness will be considered individually by the school administration and documentation of such should be kept on file in the nurse’s office.
In order to count an absence as excused, official documentation must be presented to the student’s assistant principal or designee within two (2) days after returning to school. However, all medical notes must be presented to the school nurse and will be maintained on file in that office. All approved documents must be signed by each classroom teacher.
While all students who are absent are expected to make up missed assignments, only students who are absent for excused acceptable reasons shall be granted credit for assignments that are made up. It shall be the responsibility of the student to contact his/her teachers about making up assignments due to an absence. It should be understood that without participation in class discussions and etc., the completion of assignments does not fully compensate for the learning activity of a total class section. Extended time to make up work may be granted by the respective teachers.
Unexcused Absences
Unexcused absence is a pupil’s absence for all or part of a school day for any reason other than those listed above. Some examples include, but are not limited to, the following:
a. Cutting class
b. Truancy
c. Tardiness to class under 10 minutes (2 Tardies = 1 Absence)
d. Over 10 minutes late to class (counts as 1 absence) Note: failure to attend class will be considered a cut.
e. Leaving class without permission
f. Early dismissal – unless related to an excused absence
g. Late sign-in – unless related to an excused absence
h. Employment, other than school-approved work assignments
i. Family travel or vacations
j. Performance of household or babysitting duties
k. Illness with a parent note
l. Illness without a doctor’s note or parent’s note
m. An official interviews/visit to a college, university, or institution of higher education.
n. Examination for a driver’s license.
o. Necessary and unavoidable medical or dental appointments that cannot be scheduled at a time other than the school day.
*A student’s absence for the reasons asterisked above for all or part of the school day with appropriate documentation will be permitted to receive credit for all work missed due to the absence. Documentation verifying the absence(s) must be presented to each teacher within 2 days after returning to school. The documentation supporting the absence must be signed by each classroom teacher and maintained by the student should an appeal be requested at a later date. These absences will count toward NO CREDIT status.
Students charged with absences listed above which are not asterisked will not receive credit for work missed. However, the student will be responsible for the material covered during the absence. Missed quizzes, tests, projects, assignments, and participation will be graded as a zero.
Tardiness
Tardiness is not being in an assigned area by the time the bell or signal ceases, or being in school by the designated official start of the school day. Every two (2) tardies to class count as one (1) unexcused absence.
Students who are more than ten (10) minutes late to class without proper authorization will be charged with an absence from that class. Failure to attend that class will be considered cutting the class and appropriate disciplinary action will be taken.
Tardiness over ten (10) minutes after official sign-in time will be considered cutting class and the teacher should notify the appropriate assistant principal.
Tardy to School Disciplinary Procedures:
Five (5) Sign-in Late One (1) Extended Detention
Ten (10) Sign-in Late Two (2) Extended Detention
Fifteen (15) or more Sign-in Late One (1) Saturday Detention
Twenty (20) or more Sign-in Late Students with habitual tardiness will be referred to
the assistant principal for intervention including but not limited to: Parental Conference, Referral to School Based Team &/or Student Services Counselor, Disciplinary Probation, Withdrawal of Privileges and other disciplinary action deemed appropriate by the administration.
Students who are tardy, at the beginning of the school day and/or class, for the aforementioned excused absence reasons, will be excused.
Students who are tardy, without proper authorization from a teacher, attendance personnel, guidance counselor, or administrator, will receive an unexcused tardy. There will be no appeal for tardies to class. Penalties for tardies are cumulative for the duration of the course. Students with habitual tardiness will be referred to the assistant principal for intervention including but not limited to: Parental Conference, Referral to School Based Team &/or Student Services Counselor, Disciplinary Probation, Withdrawal of Privileges and other disciplinary action deemed appropriate by the administration.
Loss of Course Credit (High School Students)
A student shall not receive graduation credit for a course if the students combined tardies/unexcused absences exceeds sixteen (16) days for a full-year course or eight (8) for a half-year course. All absences, except for Board approved school related activities, Board identified excused absences, and State approved religious holidays, will be counted in determining the total number of days absent.
Any student accumulating combined absences for a specific class of more than forty (40) for a full year course or twenty (20) for a half year course, including tardies, excused absences, and unexcused absences will be placed in NO CREDIT STATUS for that course(s). This policy will not apply to those students officially exempt from the Attendance Policy.
The parent/guardian of a student whose combined tardies/unexcused absences total five (5) for a full-year course or five (5) for a half-year course shall be sent written notification by the school administration that the student is in danger of not receiving course credit because of excessive absenteeism. The parent/guardian of a student will be contacted by the student services counselor when the students combined tardies/unexcused absences total nine (9) for a full year course and five (5) for a half year course. The parent/guardian of the student will be required to conference with the student services counselor and designated instructors regarding the student’s excessive absenteeism and the danger of not receiving course credit.
The parent/guardian of a student whose combined total tardies/unexcused absences exceed sixteen (16) days for a full-year course or eight (8) days for a half-year course shall receive notification from the school administration that the student will be placed in NO CREDIT status for the course(s) in question. Students whose combined total tardies/unexcused absences from classes exceed fifteen (15) days for a semester course or thirty (30) days for a full-year course shall not be permitted to enroll in the Summer Credit Restoration Program or *Saturday Credit Restoration Program(*HS Seniors Only) or Out of District Summer School.
Earning Course Credit Lost Due To Excessive Absences/Tardies
Students who lose credit due to excessive absences may earn credit by completing a Summer Credit Restoration Program or a *Saturday Credit Restoration Program(*HS Seniors only). Through this option, a student may earn course credit lost, but the grade earned would be decided by the work done during the regular school year. No grade improvement is possible. Students who have combined tardies/unexcused absences of fifteen (15) days for a semester course or thirty (30) days for a full year course (or their equivalent) or who have failed the course may not use the Summer or Saturday Credit Restoration or Out of District Summer School option to earn course credit.
The Summer Restoration Completion Program and *Saturday Restoration Completion Program(*HS Seniors only) is designed to allow students to earn back course credit they lost due to excessive absences. Students who enroll for the Restoration Completion Program may not sign out early from school and may not continue to accrue absences and /or tardies. The Restoration Completion Program requires the student to perform a project under the supervision of a certified teacher, and attend a formal class during the time allotted for the Summer Restoration Completion Program or Saturday Restoration Completion Program. Projects will be designed for each course by the respective department chairpersons. The cost of the Restoration Completion Program is the responsibility of the student’s parent/guardian.
Underclass grades 9-11
Summer Restoration Completion Program Up to 24 days 1 week M-F 8:00-12:00
25-30 days 2 weeks M-F 8:00-12:00
*First two weeks following the close of school for that school year.
**HS SENIORS ONLY – Begins April
Saturday Restoration Completion Program Up to 24 days 5 Saturdays 8:00-12:00
25-30 days 10 Saturdays 8:00-12:00
**Seniors must complete the Saturday Restoration Program two (2) weeks prior to the scheduled Graduation date to be considered to participate in the Graduation Ceremony.
Truancy
Truancy is a pupil’s absence from all or a part of the school day without the knowledge of the pupil’s parent(s) or legal guardian(s). A pupil will also be considered truant if he/she:
a. Leaves school at lunch time without a pass.
b. Leaves school without permission when school is still in session,
c. Leaves class because of illness and does not report to the nurse.
Disciplinary Procedures:
First Offense Parental Notification
Three (3) days Extended Detention
Second Offense Parental Notification
Three (3) days GASP
Third Offense Parental Conference
Any student assigned to a semester course will lose credit for that course and be assigned an administrative placement.
Five (5) days GASP
Additional Offenses Parental Conference
Any student assigned to a full year course will lose credit for that course and be assigned an administrative placement.
Four (4) days External Suspension
Extended Absences:
The school administration will contact the parent/guardian of a student with ten (10) consecutive unexcused absences requiring the parent/guardian to show cause for said absences. In addition, for cumulative unexcused absences of ten (10) or more, the student is truant, pursuant to N.J.S.A. 18A:38-27, and the school district shall:
1. Make a mandatory referral to the court program required by the New Jersey Administrative Office of the Courts;
2. Make a reasonable attempt to notify the student’s parents of the mandatory referral;
3. Continue to consult with the parent and the involved agencies to support the student’s return to school and regular attendance;
4. Cooperate with law enforcement and other authorities and agencies, as appropriate; and
5. Proceed in accordance with N.J.S.A. 18A:38-28 through 31, Article 3B, Compelling Attendance at School, and other applicable State and Federal statues, as required.
Class Cuts
A class cut is the deliberate miss of an assigned class or any other school assignment
Class Cut Penalties
Teachers will take attendance at the beginning of every period and keep accurate attendance records for each student. Students who cut class shall receive a zero (0) grade for any class work/tests missed. Penalties for cutting class shall be assigned as follows:
Full Year Course
First Incident Parental notification and one (1) day Extended Detention
Second Incident Two (2) days GASP/parental notification
Third Incident Three (3) days of GASP/parental notification
Disciplinary Probation
Remain in course
Placed in NO CREDIT status
May attend Summer Credit Completion Program or *Saturday Credit Completion Program (*HS Seniors only) to restore credit
Additional Incident Parental notification
Withdrawal of Privileges
Removal from class (Administrative Placement)
No credit for the course
Cannot attend summer school or Summer/Saturday Restoration
Half Year Course
First Incident Parental notification and one (1) day Extended Detention
Second Incident Two (2) days GASP/parental notification
Third Incident Three (3) days of GASP/parental notification
Disciplinary Probation
Remain in course
Placed in NO CREDIT status
May attend Summer Credit Completion Program or *Saturday Credit Completion Program (*HS Seniors only) to restore credit
Additional Incident Parental notification
Withdrawal of Privileges
Removal from class (Administrative Placement)
No credit for the course
Cannot attend summer school or Summer/Saturday Restoration
Random Class Cutting
First Incident Parental notification and one (1) day Extended Detention
Second Incident Two (2) days GASP/parental notification
Third Incident Three (3) days of GASP/parental notification
Disciplinary Probation
Remain in course
Placed in NO CREDIT status
May attend Summer Credit Completion Program or *Saturday Credit Completion Program (*HS Seniors only) to restore credit
Additional Incident Parental notification
Withdrawal of Privileges
Removal from class (Administrative Placement)
No credit for the course
Cannot attend summer school or Summer/Saturday Restoration
Appeal Process
Students and/or their parents(s)/guardian(s) shall have the right to appeal decisions resulting from the application of the Attendance Policy and Administrative Regulations.
The Appeal Process is as follows:
a. An Attendance Appeals Committee shall be established in each high school by the building Principal. The Appeals Committee shall include an assistant principal, a guidance counselor, two (2) of the student’s classroom teachers, and other persons important to the process by the principal.
b. The principal or principal’s designee will schedule the hearing.
c. A written request for a hearing must be presented to the appropriate administrator by the parent(s)/guardian(s) or by an adult student within fourteen (14) school days of notification of any decision resulting from an application of the regulations.
d. The Attendance Appeals Committee shall consider such factors as the nature of the absences, overall school performance, school discipline record, etc., in determining whether or not to grant redress from the decision being appealed.
Attendance Status/Notification
If the student is over sixteen (16) years of age and the parent(s)/guardian(s) cannot “show cause” why the student should be retained on rolls, the school administration shall notify the parent(s) in writing that the student is being dropped from the rolls for lack of attendance. The administration shall notify the Superintendent of this action.
If the student is under sixteen (16) years of age, the school administration shall review the student’s attendance record to determine if extenuating circumstances pertain. If there are none, the school administration shall recommend that the student be referred to an appropriate authority or placed in an alternative school program. In addition, to the communication process, reports will indicate absences in each subject each quarter.
POLICY NO. 5113 BRICK TOWNSHIP BOARD OF EDUCATION
EARLY DISMISSAL
The Principal may excuse for cause the early dismissal of a pupil upon the prior written request of the pupil’s parent(s) or guardian(s).
No pupil under the age of 18 will be permitted to leave the school before the end of the school day except in the presence of the pupil's parent(s) or legal guardian(s), or an agent of the parent(s) or legal guardian(s) who has written authorization, or in the custody of agents of the state acting in their legal capacity.
The Principal shall maintain a record of the parent(s) or legal guardian(s) of each pupil. If one parent has been assigned custody of the pupil by court order or separation agreement and wishes to limit the noncustodial parent's access to the pupil, the parent in custody must inform the Principal of any such limitation and may request that his/her authorization be required before the noncustodial parent is granted access. In the absence of such notice, the Principal will presume that a pupil may be released into the care of either parent.
Any student excused for medical disability may neither walk nor drive him/herself from school unless so permitted by the Principal. A pupil who suffers an incapacitating medical disability will be released from school only in the presence of an adult.
First Reading: November 28, 2007
Adopted: December 12, 2007
POLICY No. 5117
BRICK TOWNSHIP BOARD OF EDUCATION
ATTENDANCE AREAS
In accordance with the policy of the Board of Education on assignment within the district, the following regulations ad procedures are promulgated:
A. Regular Pupils:
1. The Board shall determine the school attendance areas of the district and shall expect the pupils within district to attend the school so designated:
2. The chief school administrator shall review existing attendance areas and recommend to the Board such changes as may be justified by considerations of safe transportation and travel, convenience of access to schools, financial and administrative efficiency;
3. The Chief School Administrator shall assign incoming transfer pupils to their proper schools;
4. The building principal shall assign pupils assigned to the pupil’s school to appropriate grades, classes or groups as may afford each pupil the greatest likelihood of realizing his/her fullest educational potential, based on the pupil’s needs as well as the administration of the school;
5. The chief school administrator may assign a pupil to a school other than that designated by the pupil’s attendance area when such exception:
a. is in the best interest of the pupil;
b. will prevent or eliminate over crowded classes;
c. balances class size; or
d. enables a pupil to participate in a particular program.
B. Disabled Pupils:
The chief school Administrator shall assign pupils classified as disabled to appropriate programs with the district in accordance with the recommendations of the child study team and pursuant to 18A:Chapter 46, NJAC 6:Chapter 28.
Students who complete their sophomore year at one of the high schools may continue at that particular high school should they move out of the attendance area for that high school. Parents will be expected to provide transportation for affected students.
Permission will be granted to students to complete their education in Brick Township if the family moves out of the district during the senior year. Parents will be expected to provide transportation for affected students.
Effective September 2004, students who live east of Route 70 and north of the Metedeconk River shall attend Brick Memorial High School, and students who live south of the Metedeconk and east of Route 70 shall attend Brick Township High School.
An exception will be made to this regulation in cases of a student(s) having an older sibling who is attending that high in the same year. Parents will be expected to provide transportation for affected students.
Parents may appeal an attendance issue through the appropriate Assistant Superintendent to the Superintendent of Schools. Parents may appeal the Superintendent’s decision in writing to the Board of Education
Date Adopted: April 18, 1983
Date Revised: June 17, 2004
POLICY No. 5118
BRICK TOWNSHIP BOARD OF EDUCATION
NONRESIDENTS
The board shall operate the schools of this district for the benefit of all children resident in the district and such others as may be admitted, pursuant to statute and policy of the board. The board reserves the right to verify the residency of any pupil and the validity of any affidavit of guardianship. Documentation required to prove eligibility to attend the schools of this district shall be in accord with Policy 5111 Admission and the administrative code.
Future Residents
A child otherwise eligible for attendance whose parent/guardian has signed a contract to buy, build or rent a residence in this district shall be enrolled for a period not to exceed 90 days previous to the anticipated date of residency without tuition charges. If the child has not become a resident of the district by the end of the period of free attendance, tuition shall be required for the remainder of the time until residency is established.
Parents/guardians of children who are future residents shall be required to demonstrate proof of the anticipated residency. The board reserves the right to verify such claims, and to remove from school a nonresident pupil whose claim cannot be verified.
Former Residents
Regularly enrolled children whose parents/guardians have moved out of the school district during the final marking period shall be permitted to finish the school year without payment of tuition. Students in their Senior year of high school will be permitted to finish the school year without payment of tuition. Regularly enrolled children whose parents/guardians move from the district at any other time during the school year may remain enrolled for the remainder of the school year on payment of tuition prorated.
Children of Nonresident Staff Members
Children of nonresident employees of the board may be enrolled in the schools of this district on payment of tuition and in accordance with policy for other nonresident pupils.
Homeless Pupils
The district will determine the educational placement of homeless students in each child’s best interest and respond to appeals concerning them made by parents/guardians or other parties in accordance with New Jersey statutes and administrative code, as well as pertinent federal law.
Other Nonresident Pupils
Other nonresident pupils may be admitted to this district on payment of tuition and availability of space. The chief school administrator shall develop procedures for the enrollment of nonresident children that allow admission of such children only on the proper application of parent/guardian; verify claims of residency and submission of affidavits of guardianship; deny admission where the educational program maintained for the children of this district is inadequate to meet the needs of the applicant; do not exclude any child, otherwise eligible, on the basis of such child's race, color, creed, national origin, affectional or sexual orientation, atypical hereditary cellular or blood trait of any individual or ancestry; and make continued enrollment of any nonresident pupil contingent upon maintaining good standards of citizenship and discipline.
When a child must either relocate to or from this district because his/her parent/guardian is a member of the New Jersey National Guard or a member of the reserve component of the armed forces of the United States and has been ordered into active service, the child shall be eligible to attend the schools of this district without paying tuition. The district shall not be responsible for transporting the child.
The chief school administrator or his/her designee shall recommend to the board for its approval the admission of qualified applicants.
The board shall not be responsible for the transportation to or from school of any nonresident pupils, except as may be required by state or federal law. The board shall annually determine tuition rates for nonresident pupils.
Legal References: N,J.S.A. 18A:38-2
N.J.S.A. 18A:38-3
First Reading: November 28, 2007
Adopted: December 12, 2007
POLICY No. 5119
BRICK TOWNSHIP BOARD OF EDUCATION
TRANSFERS
General
All transfers into the schools of the district shall be in accord with file code 5111 Admission. Pupils transferring into the district are expected to present copies of records from the previously attended school (or district) to aid in placement. Also required are proof of immunizations and proof of identity.
Parents/guardians of pupils or adult pupils transferring out of the district shall notify the principal of the pupil’s respective school in a timely manner of their intention to leave the district.
Pupil records shall be transferred between chief school administrators within the time frame prescribed by law.
Intradistrict Transfers in Compliance with No Child Left Behind
When a school in the district fails to achieve adequate yearly progress as defined by the state for two consecutive years, parents/guardians shall be informed of options for pupils in that school, including the option of transferring to another school in the district. Notices to parents/guardians shall list the possible accepting schools and describe information on their performance. Only schools that have achieved adequate yearly progress shall be included on the list.
The lowest-achieving pupils from the lowest-income families, as identified through federal free or reduced-price lunch statistics, shall be given priority in transferring.
Transportation shall be provided at no cost to transferring pupils until their school of origin demonstrates adequate improvement. Funding of transportation shall not exceed the limits described in NCLB. Pupils may remain in the school into which they have transferred until they have completed the highest grade in that school.
Unsafe School Choice Option
If a school in the district is identified as “persistently dangerous” by the state department of education, all pupils in that school shall be offered, on a space available basis, the option of transferring into another school in the district that has not been so designated. Parents/guardians shall be notified within 15 calendar days after the district is notified of the school’s status, and all transfers shall be completed by the beginning of the following school year. To the extent possible, pupils shall be transferred into district schools that are making adequate yearly progress. Pupils may remain in the school into which they have transferred until the school of origin is no longer identified as “persistently dangerous.”
In addition, any pupil who becomes a victim of a violent criminal offense while in school or on school grounds shall be offered the option of transferring into a safe school within the district. The pupil shall be given the option within 10 days of the incident, and the transfer shall occur within 30 days of determination that the pupil was a victim. Applicable definitions and criminal offenses shall be as listed in the statewide policy.
Transportation shall be provided to pupils transferring out of “persistently dangerous” schools and pupil victims of violent criminal offenses.
If the board cannot offer a safe school alternative within the district to pupils choosing to transfer out of a “persistently dangerous” school or to a pupil who has been a victim of a violent criminal offense, the chief school administrator shall attempt to establish an agreement with a neighboring district. The board shall review and approve any agreement prior to its application.
The chief school administrator shall ensure that the district complies with all requirements of federal law and the state department of education. He/she shall prepare regulations to implement this policy.
Legal References: N.J.S.A. 18A:7B-12 District of residence; determination
N.J.S.A. 18A:36-19a Newly enrolled students; records
and identification
N.J.S.A. 18A:36-25.1 Proof of child’s identity required for
enrollment; transfer of record
between districts
N.J.S.A. 18A:36B-1 et seq. Interdistrict Public School Choice
Program
N.J.S.A. 18A:38-8 Duty to receive pupils from other
districts
N.J.A.C. 6A:12-3.2 Criteria to guide the Commissioner’s approval of choice program applications
N.J.A.C. 6A:23-5.2 Method of determining the district of
Residence
N.J.A.C. 6A:32-8.2 School enrollment
First Reading: November 28, 2007
Adopted: December 12, 2007
POLICY No. 5120
BRICK TOWNSHIP BOARD OF EDUCATION
ASSESSMENT OF INDIVIDUAL NEEDS
Each pupil shall be assessed upon entrance into the district's schools . Thereafter, each pupil shall be assessed annually to identify the individual needs of pupils and those pupils not meeting district proficiency levels.
The chief school administrator shall develop procedures to implement a program of individual pupil needs assessment that shall include but not be limited to:
A. Identifying district needs as the basis for development of mandated goals; development of staff in-service programs; selecting and approving instructional materials; staffing;
B. Identifying and determining the needs of:
1. Gifted and talented pupils;
2. Disruptive pupils;
3. Disaffected pupils;
4. Potential dropouts;
5. Pupils who require basic skills improvement programs;
6. Pupils with limited English proficiency;
7. Pupils who may require formal referral to the child study team for classification.
Policies addressing these specific groups and appropriate educational programs for them are listed in the cross references to this policy.
C. Disseminating results of such assessments to parents/guardians and to appropriate staff and state and federal agencies as required without invading the privacy of the individual pupil.
The chief school administrator/designee shall review all individual assessment procedures annually to ensure that they serve the purposes for which they are intended. At all times, these procedures shall be in full conformity with federal and state law.
Legal References: N.J.S.A. 18A:7A-10 Evaluation of performance of each school
N.J.A.C. 6A:8-3.1 et seq. Implementation of the Core Curriculum Content Standard
N.J.A.C. 6A:8-4.1 et seq. Implementation of the Statewide Assessment System
See particularly: N.J.A.C. 6A:8-4.1(d), -4.3(c)(d), -4.4
N.J.A.C. 6A:8-5.1 Graduation requirements
N.J.A.C. 6A:14-1.1 et seq. Special Education
See particularly: N.J.A.C. 6A:14-3.3, 3.4, 3.8, 4.11, 4.12
N.J.A.C. 6A:15-1.1 et seq. Bilingual Education
See particularly: N.J.A.C. 6A:15-1.3, -1.10, -1.11
N.J.A.C. 6A:16-8.1 Establishment of intervention and referral services
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts
N.J.A.C. 6A:32-2.1 Definitions
N.J.A.C. 6A:32-4.3(g)4 Evaluation of tenured and nontenured chief school administrators
N.J.A.C. 6A:32-4.4(f)4 Evaluation of tenured teaching staff members
N.J.A.C. 6A:32-14.1 Review of mandated programs and services
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et seq.
Manual for the Evaluation of Local School Districts (September 2002)
First Reading: November 28, 2007
Adopted: December 12, 2007
Purpose: To improve overall student averages by providing an incentive for achieving exemplary grades.
A. Students choosing alternate schedules:
1. For 5 credit courses offered in an A/B schedule, there will only be a final exam in June.
2. For 10 credit Advanced Placement courses, students are required to take the January exam but may be exempt from the June exam if they have taken the Advanced Placement test in May or have a 94 average for the previous two marking periods.
B. Students who may be eligible for exemptions:
1. Students must achieve a 94 or better combined average for the previous two marking periods to qualify for an exemption.
2. Freshmen and sophomores may only be exempt from Advanced Placement June exams.
3. Juniors may be exempt from two exams each semester if they qualify.
4. Seniors may be exempt from as many exams as they qualify.
5. Students may choose not to be exempt and elect to take their examination with the understanding that the grade on that examination will be used in the calculation of final grades. Candidates for valedictorian and salutatorian of the graduating class should be aware of the effect of an examination on their final grade point average and should use discretion in deciding their course of action.
First Reading: November 18, 2010
Adopted: December 16, 2010
POLICY No. 5122
BRICK TOWNSHIP BOARD OF EDUCATION
CLASS ASSIGNMENT
It shall be the principal’s responsibility to assign the students to their various grades and classes. Each student’s assignment shall be based on previous performance, test scores and teacher’s recommendations to insure maximum development and optimum adjustment in accordance with potential and goals.
(426)
Date Adopted: April 18, 1983
Date Revised:
POLICY No. 5124
BRICK TOWNSHIP BOARD OF EDUCATION
REPORTING TO PARENTS/GUARDIANS
The board believes that the cooperation of school and home is vital to the growth and education of the whole child. It recognizes its responsibility to keep parents/guardians informed of pupil welfare and progress in school.
The board directs the establishment of a system of reporting pupil progress that shall include written reports, pupil-teacher conferences, and parent/guardian-teacher conferences. If the parent/guardian's primary language is other than English, translation shall be provided whenever possible.
The chief school administrator shall develop procedures for reporting pupil progress which:
A. Use various methods of reporting appropriate to grade level and curriculum content;
B. Ensure that both pupil and parent/guardian receive ample warning of a pending grade of "failure" or one that would adversely affect the pupil's status;
C. Enable the scheduling of parent/guardian-teacher conferences in such places and at such times as will ensure the greatest degree of participation by parents/guardians;
D. Specify the issuance of report cards at intervals of not less than four times during the school year and issuance of deficiency notices as required during the school year;
E. Ensure the continual review and improvement of methods of reporting pupil progress to parents/guardians and involve pupils, staff and parents/guardians in that review.
A record shall be kept indicating the legal custodian of each pupil, so that reports can be made to and conferences arranged with the proper person.
Parental Notification
The chief school administrator shall develop regulations to ensure that parents/guardians are notified in all instances when the law and/or the best interests of the pupil and the district require it.
Parents/guardians may request information regarding the professional qualifications of their child’s teachers. This information includes, but is not limited to, the teacher’s educational degrees and licenses and whether he/she teaches under an emergency credential waiver of licensing criteria. Parents may request the qualifications of paraprofessionals providing services to their children.
If a school is identified for program improvement, corrective action or restructuring based on failure to make “adequate yearly progress,” the district will promptly notify parents/guardians of the option to transfer their children to another public school and the availability of supplemental educational services. Notification will be provided in an understandable and uniform format and to the extent practicable, in language comprehensible by the parents of the child.
Legal References: N.J.S.A. 18A:7E-2 through -5 School report card program
N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:35-4.9 Pupil promotion and remediation; policies and procedures
N.J.S.A. 18A:40A-12 Reporting of pupils under influence or believed to be using anabolic steroids; examination report, return home; treatment; evaluation of possible need and referral
N.J.S.A. 18A:54-20 Powers of board (county vocational schools)
N.J.A.C. 6A:8-4.3 Accountability
N.J.A.C. 6A:8-4.5 Public reporting
N.J.A.C. 6A:8-5.1 Graduation requirements
N.J.A.C. 6A:14-1.1 et seq. Special Education
See particularly: N.J.A.C. 6A:14-1.1, -2.3,
-2.4, -2.5, -2.6, -3.5, -7.9
N.J.A.C. 6A:15-1.1 et seq. Bilingual Education
See particularly: N.J.A.C. 6A:15-1.13, -1.15
N.J.A.C. 6A:16-1.4 District policies and procedures
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts
N.J.A.C. 6A:32-7.1(d, k) General considerations
N.J.A.C. 6A:32-12.1 Reporting requirements
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et seq.
Manual for the Evaluation of Local School Districts
First Reading: November 28, 2007
Adopted: December 12, 2007
POLICY No. 5125
BRICK TOWNSHIP BOARD OF EDUCATION
STUDENT RECORDS
The board of education shall conform in all respects to the requirements of state and federal law regarding gathering, maintaining, securing, disclosing, allowing access to, and destruction of student records.
The chief school administrator shall be responsible for the security of student records maintained in the school district. The chief school administrator: 1) shall formulate, and the board shall review, administrative procedures to guarantee the safety and security of all student records, and 2) provide authorized persons and organizations access to these records at a convenient place and time within the limits stipulated by law, i.e., within 10 days of the request, but prior to any review or hearing conducted in accordance with state board of education regulations.
Student records shall include all those mandated by the New Jersey administrative code or state statutes, or authorized by administrative directives, and such permitted records as the board of education shall authorize by resolution at a regular public meeting in order to promote the educational welfare of the student. Records so authorized must comply with code standards as to relevance and objectivity.
The board of education shall report annually at a public meeting a description of the types of student records it has authorized certified school personnel to collect and maintain.
Student records shall contain only such information as is relevant to the education of the student, and is objectively based on the personal observations or knowledge of the originator of the record.
All anecdotal information and assessment reports collected on a student shall be dated and signed by the individual who originated the data.
Parents/guardians and adult students shall be notified annually in writing of their rights in regard to student records. Such rights include:
A. Notification of rights in writing, in dominant language of parent/adult student, if possible. When the parent or adult student's dominant language is not English, or the parent/adult student is deaf, the district shall provide interpretation of the record in the dominant spoken or sign language;
B. Copies of applicable state and federal laws and local policies made available on request;
C. Should the parental rights of one or the other parent/guardian be terminated by a court of appropriate jurisdiction, it is the responsibility of the person/agency having legal custody to notify the district that the right to review student records should be denied to the person whose rights have been terminated;
D. Parents/guardians or adult students have the right to seek to include in the records material they think is pertinent or to seek exclusion from the records of material that is untrue, irrelevant to the student's present educational situation, or otherwise improperly contained in the student's record. Parents/adult students have the right to request an immediate stay of disclosure pending final determination of the challenge procedure. They also have the right to challenge the district's granting or denial of access to the student's records;
The chief school administrator shall devise procedures to review such requests. These procedures shall include an appeal process as required by New Jersey administrative code.
Student Information Directories
The district shall compile, publicize and make available a "student information directory" as defined in the administrative code. Such directory information and school facilities shall be available to educational, occupational and military recruiters as required by law.
The district must notify parents/guardians and adult students annually in writing of their rights in regard to student participation in educational, occupational and military recruitment programs.
Such rights include:
A. Notification of these rights in writing, in dominant language of parents/guardians or adult student.
B. A 10-day period in which to submit a written statement to the chief school administrator prohibiting the district from including any or all types of information about the student in any student information directory before allowing access to such directory and school facilities to educational, occupational and military recruiters pursuant to statute.
C. A 10-day period to submit a written statement to the chief school administrator excluding information from any school directory for official use.
D. Copies of applicable state and federal laws and local policies will be made available on request.
District Review of Student Records
The chief school administrator shall require all permitted records of students currently enrolled in the regular educational program to be reviewed annually by certified school personnel to determine the educational relevance of the material contained therein. The reviewer shall delete from the student record any data no longer descriptive of the student or educational situation.
Such information shall be destroyed and shall not be recorded elsewhere nor shall a record of such deletion be made.
Such data may not be removed from the record of a disabled student without prior parental notice.
Records of Classified Students
All records of disabled students shall be maintained in accordance with the New Jersey administrative code and established procedures that will ensure proper accessibility and confidentiality.
A special confidential file shall be maintained listing the code numbers assigned to disabled students on whose behalf the board of education must take public action. Motions concerning disabled students shall be anonymous and refer to this confidential file. This shall be maintained in accordance with N.J.A.C. 6A:32-7.
Parents/adult students or designees shall be permitted to inspect and review the contents of the student's record maintained by the district without unnecessary delay and before any meeting regarding the student's IEP. Any consent required for disabled students under N.J.A.C. 6A:32-7 shall be obtained according to N.J.A.C. 6A:14-1.3 “Consent” and N.J.A.C. 6A:14-2.3.
Transfer of Student Records
A. The chief school administrator shall request records of a newly enrolled student from the district of previous attendance as soon as possible after enrollment and, at a minimum, within the time limit prescribed by the administrative code.
B. The chief school administrator shall forward mandated student records as soon as possible upon receipt of the request from the chief school administrator of the district to which the student has transferred, but in any case within the time limit prescribed by the administrative code. Permitted records shall be forwarded in the same manner at the same time if parental permission was given at the time the student's parents/guardians informed the district of the transfer.
Permitted Access to Student Records
A nonadult student may assert rights of access only through his/her parent/guardian. However, certified school personnel may, in their discretion, disclose student records to nonadult students or to appropriate persons in connection with an emergency, if such knowledge is necessary to protect the health or safety of the student or other persons.
A parent/guardian or adult student shall either have access to or be specifically informed about only that portion of another student's record that contains information about his/her own child or himself/herself.
A student record may be withheld from a parent of a student under 18 or from an adult student only when the district obtains a court order, or is provided with evidence that there is a court order revoking the right to access. Only that portion of the record designated by the court may be withheld.
The board shall limit access to, disclosure of and communication regarding student records and health records to authorized organizations, agencies or persons as defined by code.
Particular attention shall be paid to the development of procedures whereby student records are made accessible to assigned secretarial and clerical staff in the performance of their duties, and to compliance with requirements for the security of computerized student records that will limit access to authorized persons. Limited access shall be granted to secretarial and clerical personnel under the direct supervision of certified school personnel to those portions of the record and to the extent necessary to record data and conduct routine clerical tasks.
School personnel are not prohibited from disclosing information in the student health record to
students or adults in connection with an emergency, if such knowledge is necessary to protect the immediate health or safety of the student or other persons
In complying with this policy all individuals shall adhere to N.J.S.A. 47:1A-10, the Open Public Records Act (OPRA) and 20 U.S.C. 1232g; 34 CFR Part 99, the Family Educational Rights and Privacy Act (FERPA).
Conditions of Access
No student record shall be altered or destroyed during the time period between a request to review the record and the actual review of the record. Those from outside the school whose access requires consent of parents/adult students must submit the request in writing, together with any required authorization, to the chief school administrator/designee. District regulation shall be developed in accordance with code to ensure that records are not altered, damaged or lost during inspection, and that records of access granted are complete.
Retention and Destruction of Records
The chief school administrator shall develop regulations in accordance with the administrative code concerning retention and destruction of student records. No additions may be made to the record after the graduation or permanent departure of a student without the prior written consent of the parent/adult student.
New Jersey district of last enrollment must keep in perpetuity: name, date of birth, gender, citizenship, address, phone number, health history and immunization, standardized assessment and test answer sheet (protocol), grades, attendance, classes attended, grade level completed, year completed, and years of attendance.
Liability
Liability shall not be attached to any member, officer or employee of the board of education permitting access or furnishing student records in accordance with these rules and regulations. It shall be the responsibility of the chief school administrator to keep abreast of all changes in state and federal law and regulation concerning student records.
Legal References: N.J.S.A. 2A:4A-60 et al. Disclosure of juvenile information; penalties for
disclosure
N.J.S.A. 18A:36-19 Pupil records; creation, maintenance and retention, security and access; regulations; nonliability
N.J.S.A. 18A:36-19a Newly enrolled students; records and identification
N.J.S.A. 18A:36-19.1 Military recruiters; access to schools and student
information directories
N.J.S.A. 18A:36-35 Disclosure of certain student information on Internet prohibited without parental consent
N.J.S.A. 18A:40-4 Examination for physical defects and screening of hearing of pupils; health records
N.J.S.A. 18A:40-19 Records and reports of tuberculosis testing;
disposition; inspection
N.J.S.A. 26:5C-7 through -14 Acquired Immune Deficiency Syndrome
N.J.S.A. 47:1A-1 et seq. Examination and copies of public records
(“Open Public Records Act”)
N.J.S.A. 47:3-15 et seq. Destruction of Public Records Law
N.J.S.A. 52:17B-9.8 b
through -9.8c Marking of missing child's school record
N.J.A.C. 6A:8-4.2 Documentation of student achievement
N.J.A.C. 6A:14-1.1 et seq. Special Education
See particularly:
N.J.A.C. 6A:14-1.3, -2.3, -2.9, -7.9
N.J.A.C. 6A:16-1.1 et seq. Programs to Support Student Development
See particularly:
N.J.A.C. 6A:16-1.4, -2.2,-2.4, -3.2, -5.4, -6.5, -10.2
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts
N.J.A.C. 6A:32-2.1 Definitions
N.J.A.C. 6A:32-7.1 et seq. Student records
N.J.A.C. 6A:32-8.1 School register
N.J.A.C. 6A:32-14.1 Review of mandated programs and services
N.J.A.C. 8:61-1.1 Attendance at school by students or adults infected by Human Immunodeficiency Virus (HIV)
N.J.A.C. 15:3-2 State records manual
20 U.S.C.A. 1232g - Family Educational and Privacy Rights Act
42 U.S.C.A. 4541 et seq. - Comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and Rehabilitation Act of 1980
42 CFR Part II
Owasso Independent School District No. ?-001 v. Falvo, 534 U.S. 426 (2002)
Plainfield Board of Education v. Cooperman, 105 NJ 587 (1987)
Manual for the Evaluation of Local School Districts
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et seq.
First Reading: November 28, 2007
Adopted: December 12, 2007
Regulations No. 5125R
BRICK TOWNSHIP BOARD OF EDUCATION Students
STUDENT RECORDS
In accordance with the policy of the Board of Education and in conformance with the requirements of State and Federal legislation, the following district rules are promulgated for the handling of individual pupil records:
A. Definitions
For purpose of this regulation:
1. “Pupil records” shall be defined as any information concerning an individual pupil gathered from within or without this school system and maintained within the school system regardless of the form or place so employed, i.e.: in hand writing, printing, on film, on tape, etc. Pupil records shall not include:
a. Records of instructional, supervisory, and administrative personnel and educational personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof, and are not accessible or revealed to any other individual except a substitute. (For the purposes of this definition, a “substitute” means an individual who performs on a temporary basis the duties of the individual who made the record, and does not refer to an individual who permanently succeeds the maker of the record in his or her position.);
b. Records of law enforcement unity of the school district which are maintained apart from the records described above, maintained solely for law enforcement purposes, and are not disclosed to individuals other than law enforcement officials of the same jurisdiction;
c. Records which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his/her professional or paraprofessional capacity, or assisting in that capacity; created, maintained, or used only in connection with the provision of treatment to the student; and not disclosed to anyone other than individuals providing the treatment, provided that the records can be personally reviewed by a physician or other appropriate professional of the student’s
choice. (For the purposes of this definition, “treatment” does not include remedial educational activities or activities which are part of the program of instruction.).
2. “Parent” includes a natural parent(s), a legal guardian(s) or an individual approved by the Board of Education to act in the absence of a guardian. It may be presumed the parent has the authority to exercise the right of the pupil unless the district has been provided with evidence that there is a State Law or court order governing such matters as divorce, separation or custody, or a legally binding instrument which provides to the contrary.
3. “Personally identifiable” means that the data or information includes:
a. The name of a student, the student’s parent, or other family member;
b. The address of the student;
c. A personal identifier such as the student’s social security number or student number;
d. A list of personal characteristics which would make the student’s identity traceable or
e. Other information which would make the student’s identity easily traceable.
4. “Disclosure” means permitting access or the release, transfer, or other communication of education records of the pupil or the personally identifiable information contained therein, orally or in writing, or by electronic means or by any other means to any party.
5. “Eligible student” means a pupil who has attained eighteen years of age or is attending an institution of post secondary education.
6. “Directory information” includes the following information relating to a student: the student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sport, weight and height of members of athletic teams, dates of attendance, awards received, the most recent previous educational institution attended by the student and other similar information.
B. Mandated Records
In accordance with State mandate, the following records must be maintained:
1. Personal data which identifies each pupil enrolled in the district, including name, address, date of birth, name of parents and/or guardians, citizenship, and sex; but may not include data which indicates religious or political affiliation of the pupil or parents (unless requested by the parent or adult student) or the labeling of the pupil as illegitimate.
2. Record of daily attendance.
3. Descriptions of pupil progress including courses taken and evaluations made. Grade level (or other program) assignment must also b recorded.
4. Health history and status records compiled in accordance with State regulations including results of any physical examinations given by qualified district employees.
5. All other records required to be kept by State regulations including records of children referred to the Child Study Team.
C. Permitted Records
In accordance with a policy of the Board of Education permission has also been granted to the administration to compile the following data regarding individual pupils:
1. Observations and ratings of individual pupils by professional staff members acting within their sphere of competency.
2. Information obtained from professionally acceptable standard instruments of measurement such as: interest inventories, achievement tests, standardized intelligence tests.
3. Authenticated information provided by a parent or adult pupil concerning achievement and other school activities which the pupil wants to make a part of the records.
4. Verified reports of serious or recurrent behavior patterns.
5. Extracurricular activities and achievements.
6. Rank in class and academic honors earned.
No other record may be accumulated unless the collection of such facts has been authorized by the Board.
D. Form of Records
All anecdotal information collected about a pupil, whether part of the “mandated” or “permitted” pupil record, shall be authenticated information which has been dated and signed by the individual who originated the data. Hearsay information is not considered to be authenticated by this definition.
E. Maintenance of Records
It shall be the responsibility of the Building Principal to assure the physical security of all pupil records, devise procedures for assuring access is limited to authorized persons only, and to maintain regular pupil records. Pupil health records shall be maintained by the school nurse. Records of handicapped pupils shall be maintained by the Assistant Superintendent responsible for Special Education Services.
Pupil records shall be reviewed annually by the person(s) designated responsibility for their maintenance in order to evaluate the educational relevance of the material contained therein. Each reviewer shall delete from the records data detrimental to the pupil and no longer descriptive of the pupil or education situation. Such data shall be destroyed and not be recorded elsewhere nor shall a record of such deletion be made.
Records of students who have completed secondary school or otherwise terminated their schooling shall be preserved permanently and shall include a pupil’s name, date of birth, sex, address, telephone number, grades, attendance record, classes attended, grade level completed, year completed, name(s) of parent(s) and citizenship status. No addition shall be made to the records after graduation or permanent pupil departure without the prior consent of the parent or adult pupil.
All records for each individual pupil shall be maintained together in the pupil’s school of attendance, provided that records for an individual pupil may be maintained in a different location if there is a notation in the pupil’s central file as to which records are maintained by the district and where all records may be found.
Any other pupil records of currently enrolled pupils may be destroyed after the information is not longer necessary to provide educational services to a pupil. Such destruction shall be accomplished only after written parental or adult pupil notification and written parental or adult pupil permission have been unsuccessful.
F. Access to Records
Only authorized individuals, organizations or agencies shall be granted access to individual pupil records, except directory information, under any conditions. It may be presumed that the parent or eligible student has the authority to give consent unless the district has been provided with evidence that there is a legally binding instrument or court order governing such matters as divorce, separation or custody which provides to the contrary. When authorized individuals are other than the pupil, his/her parent, the adult pupil or professional staff member of the district, or are organizations or agencies, access shall be limited to those records requisite to the specific purpose to be served by such access. Those so authorized and the limiting conditions are:
1. The parent of a pupil and the pupil who has the written permission of such parent or the pupil granted access to his/her own records at the discretion of school authorizes or the pupil who has reached the age of 16 and will terminate his/her education by discontinuance or by secondary school graduation.
2. The adult pupil and the parent of such pupil who has his/her written permission, except that the parent shall have access without the consent of the adult pupil if the pupil is financially dependent on the parent and enrolled in the public school.
3. Board of Education members when acting in accordance with the legal responsibilities of the Board and professional staff members who have assigned responsibility for the education program of the pupil.
4. Appropriate persons in case of emergency may be provided personally identifiable information from a student’s records if such knowledge is necessary to protect the health or safety of the pupil or other person, but in consideration of the following conditions:
a. The seriousness of the threat to the health or safety of the student or other individuals;
b. The need for the information to meet the emergency;
c. Whether the parties to whom the information is disclosed are in a position to deal with the emergency;
d. The extent to which time is of the essence in dealing with the emergency.
5. Accrediting organizations in order to carry out their accrediting functions.
6. The parent of a pupil about whom information is contained on another pupil’s record shall have access only to the specific information on the requested pupil.
7. Organizations, agencies, or persons outside the school provided they have the written consent of the parent or the adult pupil, except that these organizations shall not transfer pupil information to a third party without consent of the parent or adult pupil.
8. Organizations, agencies, or persons outside the school upon the presentation of a court order provided that the parent of the adult pupil has been at least three days notice (in writing, if practicable) of such order enumerating the requesting agency and the specific records requested. Only those records related to the specific purpose of the court order shall be disclosed.
9. Officers and employees of a State agency responsible for protective services to children engaged in investigations pursuant to N.J.S.A. 9:6-8.40 as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency.
10. Authorized representatives of the Comptroller General of the New Jersey or the Secretary Health, Education and Welfare authorized by law.
11. The Commissioner of Education and member of the New Jersey Department of Education staff who have assigned responsibility necessitating the review of such records.
12. Limited access to pupil records by secretarial and clerical personnel pursuant to N.J.A.C. 6:3-2.5. when acting under the direct supervision of certified school personnel.
13. Researchers from State or Federal Government agencies, educational institutions, and the like who will be using the records under strict conditions of anonymity and confidentiality.
14. Provide for access to and security of pupil records maintained in a computerized system through the use of computer pass codes.
G. Written Consent
The written consent required by paragraph F of this regulation must be signed and dated by the parent or the eligible student giving the consent and shall include:
a. A specification of the records to be disclosed;
b. The purpose of the disclosure; and
c. The party or class of parties to whom the disclosure may be made.
When a disclosure is made pursuant to paragraph F the district shall, upon request, provide a copy of the record which is disclosed to the parent or the eligible student, and to the student who is not an eligible student if so requested by the student’s parents.
H. Viewing of Records
Authorized individuals, organizations, and agencies as defined in F shall have access to the records of a pupil, subject to the following procedure:
1. Authorized individuals, organizations, agencies, and persons from outside the school must have prior approval to view the records from the principal. Access to eligible persons must be granted within 10 days from the date of the request.
2. No pupil record shall be altered or destroyed during the time period between a request to review the record and the actual review of the record.
3. The building principal or child study team member shall be present during the period of inspection in order to be available for the interpretation of the records and to prevent the alteration, damage, or loss of the record itself.
4. All individuals, organizations, or agencies desiring access to the records of a pupil shall be required to sign a form which shall be kept permanently with the records and which shall specify the name(s) of the person(s) granted access, the reason was granted, the date of inspection and the records studied.
5. Upon request the principal shall provide for the interpretation of the pupil records in the dominant language of the authorized viewer.
6. A record may be withheld from a parent or from an adult pupil, only when the person who originated the record demonstrates with clear and convincing proof to the Superintendent (or Principal) that such disclosure would create a substantial risk of harm to the pupil or the person about whom the record deals.
7. It the Superintendent is convinced that the risk noted in (6) above is of such high degree, the parent or adult pupil shall be notified five days that access to the record has been denied and that the requester has the right to appeal to the Commissioner of Education in accordance with State rules.
I. Reproduction of Records
Upon the request of the viewer, a record shall be reproduced, at no cost to the viewer.
J. Challenge to Records
1. Pupil records are subject to challenge by parents and adult pupils on grounds of inaccuracy, irrelevancy, disclosure or denial of access to individuals, organizations, or agencies; or violative of the privacy of other tights of the pupil. The parent or adult pupil has the following rights:
a. To seek expungement or correction of inaccurate, misleading, irrelevant, violative, invalid or otherwise improper information contained in the pupil record;
b. To insert additional data as well as reasonable comments as to the meaning and/or accuracy of the records;
c. To request an immediate stay of disclosure pending final determination of the challenge procedure.
2. To appeal, a parent or adult pupil must notify the Superintendent, in writing, of the specific issues relating to the pupil record.
a. Within ten days of notification, the Superintendent or designee shall meet with the parent or adult pupil to review the issues set forth in the appeal;
b. The Superintendent shall decide whether to amend the education records of the pupil in accordance with the request within a reasonable period of time following the meeting;
c. If the Superintendent decides to refuse to amend the education records of the pupil in accordance with the request, she/he shall so inform the parent of the pupil or the eligible student of the refusal, and advise the parent or the eligible student of the right to appeal.
3. If the matter is not satisfactorily resolved, the parent or adult pupil may appeal this decision, in writing, to the Board of Education or the Commissioner of Education within ten days. If appeal is made to the Board, the hearing shall be conducted as follows:
a. The hearing shall be held after the Board has received the request, and the parent of the pupil or the eligible student shall be given notice of the date, place, and time reasonably in advance of the hearing:
b. The hearing shall be conducted by any party, including an official of the Board who does not have a direct interest in the outcome of the hearing;
c. The parent of the pupil or the eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney;
d. The Board shall make its decision in writing within 20 days after hearing the appeal;
e. The decision of the Board shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decisions.
4. If, as a result of the hearing, the Board decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of students, it shall amend the education records of the pupil accordingly and so inform the parents of the pupil or the eligible student in writing.
5. If, as a result of the hearing, the Board decides that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the pupil, it shall inform the parent or eligible student in writing, Regardless of the outcome of any appeal, a parent or adult pupil shall be permitted to place a statement in the pupil record commenting upon the information in the pupil record or setting forth any reason for disagreement with the decision of the agency. Any explanation placed in the education records of the pupil under this section shall:
a. Be maintained by the Board as part of the education records of the pupil as long as the record or contested portion thereof is maintained by the Board;
b. If the education records of the pupil or the contested portion thereof is disclosed by the district to any party, the explanation shall also be disclosed to that party;
c. The decision of the local Board may be appealed to the Commissioner pursuant to State Law and Code;
d. Appeals relating to the pupil records of educationally handicapped pupils shall be processed in accordance with the requirements of N.J.A.C. 6:28.
K. Right to Know
1. Parents shall be notified annually in their dominant language at the start of the school year by individual notice of their rights under these regulations. Such notice may be made by individual means or in a student handbook, catalog or newspaper, or by bulletin board.
2. Copies of this policy and regulations along with applicable State and Federal regulations regarding pupil records shall be made available to parents upon request.
3. Upon the graduation or permanent departure of a pupil from the school system, the parent or adult pupil shall be notified that a copy of the entire pupil record will be provided to them upon request.
4. Parents and eligible students shall be notified of the material designated as “directory information” and given the right to refuse to permit the release of any or all such designated material with respect to that pupil within ten (10) school days of such notification.
5. Parents and eligible shall be informed that the district forward education records on request to a school in which the pupil seeks or intends to enroll.
L. Waiver of Rights
1. A parent of a pupil or a pupil as appropriate may waive any of his/her rights under this regulation provided such waiver is signed by the parent or pupil as appropriate.
2. A parent may be requested by may not be required to waive rights hereunder.
3. A waiver may be made with respect to certain types of records.
4. A waiver may be revoked in writing at any time. An eligible student may revoke a waiver made previously by his/her parents.
References: Policy 5125
Date Adopted: 11/12/2007
Date Revised:
POLICY No. 5125.2
BRICK TOWNSHIP BOARD OF EDUCATION Students
RECRUITERS’ ACCESS TO
STUDENT INFORMATION DIRECTORIES
The Board of Education shall accord educational, occupational, and military recruiters access to school facilities and student information directories provided that any adult pupil or parent may request, in writing, to the Chief School Administrator, that the pupil in question be excused from participating in all recruitment programs or having his/her name appear in student information directories for all recruitment purposes.
Legal References:
N.J.S.A. 18A:36-19.1
N.J.A.C. 6:3-2.2(G)6
Date Adopted: December 8, 1988
POLICY No. 5126
BRICK TOWNSHIP BOARD OF EDUCATION
AWARDS FOR ACHIEVEMENT
General
The board of education believes that pupil achievement should be recognized at all levels in a manner appropriate to the pupil's accomplishment.
The board directs the chief school administrator/designee to develop criteria and procedures for presenting awards to pupils for scholarship and outstanding accomplishments in the arts, athletics and citizenship.
The chief school administrator shall review and advise the board on acceptance of proposed trophies, prizes, scholarships or other awards from nonschool donors. Any such proposed award shall be free from bias as outlined in the district's affirmative action policies.
Criteria regarding eligibility and selection for awards shall be disseminated annually to all pupils and parents/guardians.
Academic Recognition
The board directs the chief school administrator/designee to establish criteria and procedures for placing pupils in grades 6 through 12 on academic honor rolls.
Athletic Participation
The board wishes to recognize the achievements of pupils who give many hours of their time to represent the school in interscholastic athletics. Requirements for awards in each sport shall be decided by a committee composed of coaches, athletic director and the school principal.
Service Participation
School service groups shall be recognized for participation in order to emphasize the importance of good citizenship in school life as outlined in the course of study.
Legal References: N.J.S.A. 18A:36-20 Discrimination; prohibition
N.J.S.A. 18A:71-27 Higher education; scholarship funds; establishment; administration
First Reading: November 28, 2007
Adopted: December 12, 2007
POLICY No. 5127
BRICK TOWNSHIP BOARD OF EDUCATION
COMMENCEMENT ACTIVITIES
The board endorses graduation activities and ceremonies. The date of graduation shall annually be recommended by the chief school administrator and approved by the board.
Graduation shall not occur prior to completion of the required 180 days of pupil instruction.
Guidelines for Graduation Year Activities
Pupil participation in special graduation activities will require conduct of the highest caliber in all school situations.
Criteria for exclusion from these activities concern consistent behavioral patterns and shall include, but not be limited to:
A. Consistent involvement in disciplinary action(s);
B. Suspension;
The final decision shall be made by the chief school administrator.
Pupils and parents/guardians shall be given advance notification of these criteria.
Graduation Procedures and Ceremonies
No pupil shall be barred from participation in graduation ceremonies for arbitrary or discriminatory reasons. A pupil who may be prevented from participation and his/her parents/guardians shall be so notified in advance as soon as it can be determined that he or she will not meet graduation requirements.
The board reserves the right to deny participation in graduation activities when extreme circumstances warrant it. Such denial shall be treated in the same manner as a suspension and the pupil so affected shall be afforded the rights of review provided in policies of this board.
The board reserves the right to withhold a diploma and transcripts until all fines are paid and all materials owned by the District not limited to textbooks, equipment, and uniforms are returned or monetarily compensated for.
The board shall not prevent, or otherwise deny participation in, constitutionally protected prayer in any district school graduation ceremony, consistent with guidance issued by the United States Department of Education and applicable judicial decisions interpreting the religion clauses of the First Amendment of the U.S. Constitution.
Awarding of Diplomas
A board member shall present a copy of the Declaration of Independence, the Constitution of the United States and the amendments thereto, and the Constitution of the State of New Jersey and the amendments thereto to each pupil upon promotion from 8th grade.
The president of the board of education and/or another designated member of the board shall award the diplomas to high school graduates.
Legal References: N.J.S.A. 18A:7C-5.1 Boards of education prohibited from excluding students from graduation ceremony or from obtaining yearbook for
inability to pay fees
N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:36-18 Books containing organic laws at graduation
N.J.S.A. 18A:37-2 Causes for suspension or expulsion of pupils
N.J.S.A. 18A:54-20 Powers of board (county vocational schools)
N.J.A.C. 6A:8-5.1 et seq. Implementation of Graduation Requirements
N.J.A.C. 6A:16-7.1 et seq. Student Conduct
First Reading: November 28, 2007
Adopted: December 12, 2007
POLICY No. 5131
BRICK TOWNSHIP BOARD OF EDUCATION
CONDUCT/DISCIPLINE
The board believes that an effective instructional program requires an orderly school environment and that the effectiveness of the educational program is, in part, reflected in the behavior of pupils.
The board of education expects pupils to conduct themselves in keeping with their level of maturity, with a proper regard for the rights and welfare of other pupils, for school personnel, for the educational purpose underlying all school activities, and for the care of school facilities and equipment.
The board of education believes that standards of pupil behavior must be set cooperatively by interaction among the pupils, parents/guardians, staff and community, producing an atmosphere that encourages pupils to grow in self-discipline. Such an atmosphere must include respect for self and others, as well as for district and community property.
The board directs the chief school administrator to develop and implement a code of student conduct which establishes standards, policies and procedures for positive student development and student behavioral expectations on school grounds, including on a school bus or at school sponsored functions and, as appropriate, conduct away from school grounds. The board shall direct development of detailed regulations suited to the age level of the pupils and the physical facilities of the individual schools. Board policy requires each pupil of this district to adhere to the rules and regulations established by the administration and to submit to such disciplinary measures as are appropriately assigned for infraction of those rules. The chief school administrator shall provide to pupils and their parents/guardians the rules of this district regarding pupil conduct and the sanctions that may be imposed for breach of those rules. Provisions shall be made for informing parents/guardians whose primary language is other than English.
In developing the standards, policies and procedures to implement this policy, the chief school administrator shall ensure that the code of student conduct:
A. Is based on parent, student and community involvement which represents, where possible, the composition of the schools and community;
B. Is based on locally determined and accepted core ethical values;
C. Is board approved.
The chief school administrator shall develop regulations that:
A. Require pupils to conform to reasonable standards of socially acceptable behavior; respect the person, property and rights of others; obey constituted authority and respond to those who hold that authority;
B. Establish the degree of order necessary to the educational program in which pupils are engaged.
The board will annually review and update the code of student conduct and this process shall include:
A. Parent, student and community involvement which represents, where possible, the composition of the schools and community;
B. Consideration of the findings of the annual reports of student conduct, suspensions and expulsions; and incidences reported under the Electronic Violence and Vandalism Reporting System.
The chief school administrator shall annually:
A. Disseminate the code of student conduct to all staff, students and parents;
B. Report on the implementation of the code of student conduct to the board of a education at public meeting in accordance with N.J.A.C. 6A:16-7.1(a) 5, i-iv.
C. Report to the New Jersey Department of Education on student conduct, including all student suspension and expulsion and incidences reported under the Electronic Violence and Vandalism Reporting System.
Pupils who display chronic behavioral or academic problems may be referred to the child study team by the chief school administrator for possible identification as disruptive or disaffected. Such referrals shall be in strict accordance with the due process regulations prescribed by the administrative code. Pupils so identified shall be provided with appropriate programs and services as prescribed by the child study team.
A pupil whose presence poses a continuing danger to persons or property, or an ongoing threat of disrupting the academic process, may be suspended or expelled, following due process.
Any pupil who commits an assault (as defined by N.J.S.A. 2C:12-1) upon a board member, teacher, administrator or other employee of the board of education shall be suspended from school immediately according to procedural due process, and suspension or expulsion proceedings shall begin no later than 30 calendar days from the date of the pupil's suspension.
Legal References: N.J.S.A. 2A:4A-60 et al. Disclosure of juvenile information; penalties for disclosure
N.J.S.A. 2C:12-1 Definition of assault
N.J.S.A. 2C:33-19 Paging devices, possession by students
N.J.S.A. 2C:39-5 Unlawful possession of weapons
N.J.S.A. 18A:6-1 Corporal punishment of pupils
N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:25-2 Authority over pupils
N.J.S.A. 18A:36-19a Newly enrolled students; records and
identification
N.J.S.A. 18A:37-1 et seq. Submission of pupils to authority
See particularly: N.J.S.A. 18A:37-15
N.J.S.A. 18A:54-20 Powers of board (county vocational schools)
N.J.A.C. 6A:14-2.8Discipline/suspension/expulsions
N.J.A.C. 6A:16-1.1 et seq. Programs to Support Student
Development
See particularly:
N.J.A.C. 6A:16-1.4,-2.4, -4.1, -5.1, -6.1, -6.2, -7.1
N.J.A.C. 6A:32-12.1 Reporting requirements
N.J.A.C. 6A:32-12.2 School-level planning
20 U.S.C.A. 1415(k) Individual with Disabilities Education Act Amendments of 1997
Bethel School District No. 403, v. Fraser, 478 U.S. 675 (1986)
Hazelwood v. Kuhlmeier 484 U.S. 260 (1988)
Honig v. Doe, 484 U.S. 305 (1988)
See also Commissioners’ Decisions indexed under “Pupils –
Punishment of”
Index to N.J. School Law Decisions
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A.6301
et seq.
L.W. v. Toms River Regional Schools Board of Education, N.J.,189 N.J. 381 (2007). The New Jersey Supreme Court ruled that a school district may be held liable under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, when students harass another student because of his perceived sexual orientation. A district school will be liable for such harassment if it knew or should have known of the harassment but failed to take reasonable remedial actions. The matter was remanded to the Director of the Division of Civil Rights.
Manual for the Evaluation of Local School Districts
A Uniform State Memorandum of Agreement Between
Education and Law
Enforcement Officials (1999 Revisions)
First Reading: November 28, 2007
Adopted: December 12, 2007
POLICY No. 5131.32
BRICK TOWNSHIP BOARD OF EDUCATION Students
USE OF BICYLES
The Board regards the riding of bicycles to school by pupils an assumption of responsibility on the part of pupils and their parents – a responsibility in the care of property, in the observation of safety rules and in the display of courtesy and consideration toward others.
The Board will not be responsible for bicycles which are lost, stolen or damaged. Pupils who use the bicycle rack do so at their own risk. Pupils must observe all school rules for the use of bicycles. Principals may provide a program of bicycle safety in their school.
(474)
Reference: 39:4-12.2
Date Adopted: June 18, 1985
Date Revised:
Regulations No. 5131.3R
BRICK TOWNSHIP BOARD OF EDUCATION Students
MOTOR VEHICLES
A copy of the Board of Education’s policy governing motor vehicles and regulations shall be issued to each student who applies for a parking sticker.
An application for a parking sticker shall be completed by each student, listing pertinent information driver’s license number, name of applicant, address, date of birth owner of the vehicle to be driven to school, vehicle registration number, year make, model and color of the car.
The principal shall have cause to retain in the principal’s office the completed application for a parking permit allowing students to dive and park on school property, and the parking permit number.
Students who possess a valid parking sticker must display it permanently on the side window of the car. Parking stickers may not be transferred to other vehicles or individuals.
Students who for whatever the reason drive to school in a vehicle without a parking sticker must report the information to the principal’s office upon arrival to school.
Vehicles parked on school property, during school hours, without a parking permit sticker appropriately displayed, or for which no report has been made to the principal’s office, will be subject to having the vehicle towed away. Any towing fee shall be at the expense of the student or owner of the vehicle and not the responsibility of the school.
Driving to school and parking on school property is a privilege which may be revoked by the principal or higher authority.
Date Adopted: June 13, 1985
POLICY No. 5131.4
BRICK TOWNSHIP BOARD OF EDUCATION Students
DISORDER AND DEMONSTRATION
The Board recognizes the right of each student to attend school for the purpose of receiving an education. The disruption of the educational program of the schools by disorder or any other purposeful activity will not be countenanced. For purposes of this policy, disorder shall be any deliberate activity by an individual or a group, whether peaceful or violent, which interferes with the normal operation of the school.
The Board, having the responsibility for providing an educational program for the students of this district, shall have the authority to preserve order for the proper functioning of that program.
Students shall not be disturbed in the exercise of their constitutionally guaranteed rights to assemble peaceably and to express ideas and opinions, privately or publicly, provided that such exercise does not infringe on the rights of others and does not interfere with the operation of the schools.
Activities which shall be disallowed by the Board include those which:
1. materially disrupt class work or provoke substantial disorder or invasion of others rights.
2. involve the use of obscenity or themes considered to be harmful to the normal development of impressionable students.
3. involve slander or false statements.
4. are grossly prejudicial in nature.
5. advocate or encourage use of substances or materials known to be harmful or dangerous.
6. advocate the use of force or the violation of laws or school regulations.
(452)
Revised
Reference: 2A:126-4, -5, 148-14, 170-28: 18A:6-1, 37-2
Date Adopted: June 18, 1985
Date Revised:
POLICY No. 5131.5
BRICK TOWNSHIP BOARD OF EDUCATION Students
VANDALISM
The Board of Education believes that pupils should respect school property and take pride in their schools. Acts of vandalism against school property are viewed as reprehensible and will not be tolerated.
Whenever a pupil has been found to have done willful and malicious damage to school property, the Principal of the school shall notify the Chief School Administrator using the appropriate State reporting form.
Accordingly, when vandalism is discovered, the administration is directed to take such steps as are necessary to:
A. Identify the pupil(s) involved;
B. Call together persons, including parents/guardians, needed to study the causes;
C. Decide upon disciplinary and/or legal action. Should parents/guardians fail to cooperate in the discussions, the administration may charge the pupil with being delinquent and request an appearance in Juvenile Court;
D. Take any constructive actions needed to try to guard against further such pupil misconduct;
E. Seek appropriate restitution.
The Chief School Administrator shall annually, at a public meeting, report to the Board all acts of violence and vandalism in the district. He/she shall forward a copy of the annual report of violence and vandalism to the County Superintendent in the manner and form required.
Legal References:
N.J.S.A. 2A:53A:15
N.J.S.A. 18A:17-46
N.J.S.A. 18A:25-2
N.J.S.A. 18A:37-3
Date Adopted: December 8, 1988
POLICY No. 5131.6
BRICK TOWNSHIP BOARD OF EDUCATION Students
STUDENTS SUSPECTED OF USE OR STUDENTS UNDER THE INFLUENCE OF OR IN POSSESSION OF ALCOHOL, CONTROLLED DANGEROUS SUBSTANCES, OR ANY DANGEROUS CHEMICAL SUBSTANCES AND/OR COMPOUNDS
The following steps shall be taken whenever it appears to any educational staff member other professional that a student may be currently under the influence of alcohol or other drugs, other than anabolic steroids, on school property or at a school function:
1. The staff member shall report the matter as soon as possible to the principal or designee, the school nurse or the school physician according to the requirements of N.J.S.A. 18A:40A-12. In the event the school or designee is not in attendance at the school function, the report shall be made to the staff responsible for the school function.
2. The referring staff member must complete the Violence, Vandalism and Substance Abuse Incident Report.
3. In response to every report, the principal or his/her designee shall:
a. immediately notify the parents or guardians of the pupil, and the Superintendent of Schools;
b. arrange for an examination by the end of the school of the pupil for the purposes of providing appropriate health care for the pupil and to determine whether the pupil is under the influence of alcohol or other drugs, other than anabolic steroids.
I. the appropriate medical examination must be performed by a physician licensed to practice medicine or osteopathy that is selected by the parent. The physician must complete the approved district form, which must then be returned to the school within the 24-hour period.
II. the district, in cooperation with the school physician/medical professionals, will provide the minimum requirements for the medical examination.
c. If the chosen physician by the parent is not available by the end of the school day, the school physician shall conduct the examination.
d. If the school physician is not available, the pupil shall be accompanied by a member of the school staff, designated by the principal, in a school vehicle to a Board of Education approved medical facility for examination. If available, the parent or guardian may accompany the pupil.
e. When the physician selected by the parent conducts the medical examination, the examination shall be at the expense of the parent and not the Board of Education.
f. After, testing, the student is place in the custody of the parent/guardian.
4. A written report of the medical examination shall be furnished to the parent or guardian and to the principal and the Superintendent of Schools within twenty-four (24) hours by the examining physician. The written report must include the information required of the school district, which will be provided to the parent/legal guardian prior to the medical examination.
5. When the medical examination is conducted by the physician selected by the parent/legal guardian, the physician will be required to verify the examination was performed within 24 hours of the referral of the pupil for suspected alcohol or drug use. The verification must include the signature with the printed name, address and telephone number of the examining physician indicating the required medical examination was performed within the required 24-hour period and the medical report and the date in which the report will be provided to the district.
6. If the written report of the medical examination is not submitted to the parent or guardian and to the principal and Superintendent of Schools within 24-hours of the referral, the pupil shall be allowed to return to school until such time as a positive diagnosis of alcohol or other drug use is received.
7. Refusal and/or failure of the parent to comply with these requirements will be treated as a policy violation of the Compulsory Education Act, pursuant to N.J.S.A. 18A:38-25 and 31, and child neglect laws, pursuant to N.J.S.A. 9:6-1 et seq. In addition, refusal and/or failure of the parent to comply with these requirements will subject the pupil to the disciplinary procedures as if an offense occurred and handled in accordance with the procedures as herein described.
8. If there is a positive determination from the medical examination indicating that the pupil’s alcohol or other drug use interferes with his or her physical or mental ability to perform in school:
a. The principal shall contact the student’s parents or guardians to inform of the incident and of an immediate due process hearing and their right to be present, should they so desire. The principal shall afford the student a preliminary hearing at which time the student, supported by any proper adult representative or child advocate, may offer reasons why the positive medical examination is not accurate or should not be considered in assessing pupil discipline. The building principal’s decision may be appealed, in writing, to the Superintendent within three (3) business days.
b. The pupil shall be returned to the care of the parent or guardian as soon as possible.
c. Attendance at school shall not resume until a written report has been submitted to the parent or guardian, the principal and the Superintendent of Schools from a physician who has examined the pupil to determine whether alcohol or other drug use interferes with his or her physical or mental ability to perform in school. The report shall certify that the pupil’s drug use no longer interferes with the pupil’s physical and mental ability to perform in school.
d. Prior to the pupil resuming attendance at school, a conference shall be held between parents, student, principal, guidance counselor, substance awareness coordinator and any other appropriate staff member, such as the Child Study Team, prior to the student’s re-admittance.
e. Removal of a pupil with a disability shall be made in accordance with in accordance with N.J.A.C. 6A:14-2.8.
f. Local law enforcement agencies shall be notified.
9. While the pupil is home because of the medical examination or after the pupil returns to school, appropriate certified school staff, in accordance with N.J.A.C. 6A:16-4.3(a)11, will:
a. conduct an alcohol and other drug assessment of the pupil and a reasonable investigation of the situation for the making a preliminary determination of the pupil’s need for educational programs, supportive services or treatment which extend beyond the general school program by virtue of the use of alcohol or other drugs by the pupil. The findings of the assessment alone will not be used to prevent the pupil from attending school.
b. Cooperate with community agencies as defined in N.J.A.C. 6A:16-4.4(b) and juvenile officials in providing evaluation, referral and continuity of care for substance abuse treatment.
10. While the pupil is at home because of the medical examination or after his or her return to school, the principal or Superintendent may recommend or require alcohol and other drug assessment of the pupil or evaluation by appropriately certified or licensed professionals to make a positive determination of a pupil’s need for programs services, which extend beyond the general school program, as necessary. The findings of these additional evaluations alone will not be used to prevent a pupil from attending school.
11. If at any time it is determined that the pupil’s use of substances presents a danger to the pupil’s health and well being, the substance awareness coordinator or individuals who hold a school nurse, school psychologist, school social worker, or student personnel services endorsements on the Educational Services Certificate and are trained in alcohol and other drug abuse treatment referral shall initiate a referral for substance abuse treatment.
12. The district may provide additional intervention and referral services for the pupil according to the requirements of N.J.S.A. 40A:-10 and N.J.A.C. 6A:16-7.1 through 7.3.
13. A Violence, Vandalism and Substance Abuse Incident Report, according to the requirements of N.J.S.A. 18A:17-46 and N.J.A.C. 6A:16-5.3, shall be completed by the referring staff member.
14. Refusal or failure by a parent or guardian to comply with the provisions of N.J.S.A. 18:40A-12 shall be deemed a violation of the compulsory education laws (N.J.S.A. 18A:38-25 and 18A:37-31) and/or child neglect laws (N.J.S.A. 9:6-1 et. Seq.) and appropriate charges may be filed.
DISCIPLINARY PROCEDURES: FIRST OFFENSE
If the findings of the principal’s due process hearing provide reasonable cause to assess discipline, the following rules will apply if the offense is the first offense committed by the pupil while attending elementary school; is the first offense committed by the pupil while attending middle school; is the first offense while attending high school. If a student has completed the assigned penalty, records will not carryover from elementary, middle or high school.
1. Ten days of external suspension shall be assigned to the pupil.
2. Absolutely no attendance or participation in any district wide extra curricular activities, active or passive, for one year (365 calendar days) with the dates to be designated by the Superintendent. Active and passive activities include all school related and school sponsored activities, including but not limited to, proms, dances, graduation, meetings, etc. This prohibition may be reduced from one year (365 calendar days) to 12 weeks (84 calendar days) if:
a. the parent(s)/legal guardian and the pupil complete all the assessments as required in N.J.A.C. 6A:16-4.3(a)11 through N.J.A.C. 6A:16-4.3(a)14; and
b. the parent(s)/legal guardian and the pupil consent to drug and/or alcohol testing for the pupil for a one year period following the first day of suspension. The time, place and frequency of the testing will be at the discretion of the building principal; and
c. the parent(s)/legal guardian and the pupil must participate in and complete a drug and/or alcohol program approved by the substance awareness coordinator. Successful completion of the program will be determined by the substance awareness coordinator and certified to the Superintendent of Schools; and
d. in the event the pupil tests positive for drugs and/or alcohol during the one year testing period, the pupil will be deemed to have committed a second offense and is subject to the second offense discipline.
3. A student suspended from district wide, extracurricular activities may only attend those activities that are open to the general public and the student must remain as a spectator as a member of the general public. The student is not permitted to participate in the activity in any manner such as sitting on a bench, standing on sidelines, entering the locker room, etc.
4. In order to return to school, a student must have a physician’s note verifying that any positive results of his/her latest drug test is caused by drug residue in the body. Students are required to submit results of drug testing until the value of all tested drugs is zero.
DISCIPLINARY PROCEDURES: SECOND OFFENSE
If the findings of the principal’s due process hearing provide reasonable cause to assess discipline, the following rules will apply if the offense is the second offense committed by the pupil while attending elementary school; is the second offense committed by the pupil while attending middle school; is the second offense while attending high school. Records shall not carry over from elementary, middle or high school.
1. Ten days of external suspension shall be assigned to the pupil.
2. Absolutely no participation in district wide extracurricular activities, active or passive, for one year (365 calendar days) with the dates to be designated by the Superintendent. This includes, but is not limited to proms, graduation and promotion exercises. There is no buy down option.
3. A student suspended from district wide, extra curricular activities may only attend those activities that are open to the general public and the student must remain as a spectator as a member of the general public. The student is not permitted to participate in the activity in any manner such as sitting on a bench, standing on sidelines, entering the locker room, etc.
4. Local law enforcement agencies shall be notified.
5. In order to return to school, a student must have a physician’s note verifying that any positive results of his/her latest drug test is caused by drug residue in the body. Students are required to submit results of drug testing until the value of all tested drugs is zero.
DISCIPLINARY PROCEDURES: THIRD OFFENSE
If the findings of the principal’s due process hearing provide reasonable cause to assess discipline, the following rules will apply if the offense is the third offense committed by the pupil while attending elementary school; is the third offense committed by the pupil while attending middle school; is the third offense while attending high school. Records shall not carry over from elementary, middle or high school.
1. Absolutely no participation in district wide extra curricular activities, active or passive, for two years with the dates to be designated by the Superintendent. This includes, but is not limited to proms, graduation and promotion exercises.
2. A student suspended from district wide, extracurricular activities may only attend those activities that are open to the general public and the student must remain as a spectator as a member of the general public. The student is not permitted to participate in the activity manner such as sitting on a bench, standing on sidelines, entering the locker room, etc.
3. The principal shall advise the student and the parents or guardians, of a suspension pending a Board of Education hearing expulsion. The hearing is to be held within twenty-one (21) days of the effective suspension date.
4. In all cases, a follow up certified letter of suspension shall be mailed to the parents or guardians advising them of the preceding information.
5. The Superintendent of Schools shall be immediately notified, said notification to be followed by a detailed written report within twenty four (24) hours of the incident.
6. The Board of Education hearing:
a. the Board of Education shall conduct a hearing. If the board determines the charges to be valid, it will decide from among the following measures, but not necessarily be limited thereto:
I. a prolonged suspension, with or without homebound instruction.
II. placement of a classified student in an educationally appropriate day setting.
III. Residential placement of a classified student.
IV. Expulsion from school.
V. Any other action deemed appropriate by the Board of Education aided by reports and evaluations prepared by qualified personnel.
VI. The Board of Education hearing shall become a part of the next Public Board of Education Agenda.
VII. Local law enforcement agencies shall be notified.
Date Adopted: 9/13/78
Date Revised: 6/3/85; 10/8/87; 11/30/91; 10/5/95; 8/28/97; 9/23/99; 8/29/02; 12/11/03
POLICY No. 5131.61
BRICK TOWNSHIP BOARD OF EDUCATION
RANDOM DRUG AND ALCOHOL TESTING OF STUDENTS
Procedures for student testing:
A. Consent Form—All students in grades 9-12 who wish to participate in extracurricular activities, including interscholastic athletics or who possess school parking permits must submit to weekly random drug testing. Parents/guardians and students must supply written consent to drug and alcohol testing pursuant to the BTSD alcohol and drug testing policy. Any student who does not sign the consent form, and have the form signed by his/her parent/guardian, will be dropped from the activity or lose his/her parking permit.
Parents of students who are not involved in extracurricular activities may also elect to have their child’s name added to the random pool.
Activity advisors, coaches and administrators will have consent forms that need to be completed before the student attends the next meeting, activity, or before a parking space is issued. Athletes will turn in their consent forms a week prior to the start of practice. Once a student is in the random pool, he/she remains in it for the entire year.
B. Testing Procedure—On a weekly basis during the course of the school year, the name of all students will be placed in a pool from which a designated school administrator/official will randomly draw the names of up to 10 percent, but not less than 2 percent weekly for alcohol and drug testing. Those students selected shall be individually brought to the nurse’s office by an assistant principal for testing. Any student who refuses to be tested, adulterates a test, deliberately avoids testing, or has a non-negative test result, will be in violation of the Brick Township School District (BTSD) Random Drug Testing Policy.
C. Collection of Testing Samples—The student selected for testing shall complete a specimen control form, which bears an assigned identification number. This identification number shall be the means for identifying the specimens by all laboratory personnel. Only the designated school personnel shall know the assigned number for each student selected for testing. The student shall submit a urine specimen to the school nurse. All results of the initial test will be provided to a building administrator who will then provide the Principal and Superintendent of Schools with the results. When the initial test result is positive, the school nurse will notify a building administrator who will immediately contact the student’s parent/guardian. All samples that have a positive initial test will be sent to an independent testing laboratory for a confirming test. All tests that are confirmed positive (non-negative) will be reviewed by the District’s Medical Review Officer (MD). When the parent/guardian meets with a building administrator and Student Assistance Counselor, the parent/guardian is asked if the student is taking any authorized prescription drugs that could affect the test result. This information is forwarded to the Medical Review Officer who will make the final determination of the student’s test results.
D. Confidentiality—The District respects the privacy of its students and shall maintain
confidentiality regarding any alcohol and drug testing. All records and subsequent actions shall be kept in a file separate from the student’s regular file. The District personnel will not release records of drug and alcohol tests or any resulting action to anyone other than the student and/or his/her parent/guardian.
If use of drugs/anabolic steroids or alcohol is confirmed:
1. First Infraction
The Assistant Principal will contact the parent/guardian to remove the student from school and make arrangements for the mandatory medical examination pursuant to the statute, N.J.S.A 18A:40A-12.
5 Weeks of a Prevention Education Program with Student Assistance Counselor (SAC).
This program shall include:
A) Weekly meetings with the SAC
B) Progress Reports through the SAC
C) A Substance Abuse Evaluation (This is a service provided for
students at ADACO, the Alcohol & Drug Abuse Council of Ocean County)
D) As the end of the 5 week period approaches, the student will be
randomly drug tested at the SAC’s discretion. The school nurse
shall conduct the test. A positive test result shall result in a second
infraction.
Possible intervention by the SAC with student, parent/guardian and other deemed necessary to determine appropriate level of treatment.
The student may attend the Prevention Education Program or sign into and complete a drug/alcohol out-patient or in-patient rehabilitation program, and continue an aftercare program with the SAC. Attendance in the rehabilitation program must begin within 1 week of the offense. An information release form must be available to the SAC. The parent (s)/guardian is/are responsible for the cost of the rehabilitation program.
The student will be suspended from participation on the team/activity/parking until they successfully complete the Prevention Education Program, and submission of a drug and alcohol test free of alcohol and/or any controlled dangerous substance. The test shall be administered by the school nurse.
NOTE Any senior tested on a random basis who is in violation of the drug and alcohol policy whose infraction occurs with less than 5 weeks in the school year will be denied the privilege of attending the Ball, and other senior activities. Furthermore, any senior in violation of the drug/alcohol policy while in attendance at any of the year end functions including but not limited to proms, banquets, picnics or ceremonies will be denied the privilege of participating in graduation.
Underclassmen who are randomly tested and incur a drug/alcohol policy violation with less than 5 weeks left in the school year may complete the Prevention Education Program on a carry-over basis.
2. Second Infraction
The Assistant Principal will contact the parent to remove the student from school and make the arrangements for the mandatory medical examination pursuant to the statute, N.J.S.A 18A:40A-12.
Student will be removed from participation on athletic team/activity for a period of 60 days from the date of the second positive test. The parking permit, however, will be permanently removed.
The student must participate in a minimum of 10 weekly counseling sessions with the SAC. Intervention by the SAC with student, parent/guardian and others deemed necessary to determine the appropriate level of treatment.
The student will be randomly tested by the SAC for the remainder of the school year. The school nurse shall conduct the test. If a student continues to test positive, (and drug tests for marijuana indicate that the levels are not decreasing) he/she will be removed indefinitely from the activity/athletic program. He/ she will not be permitted to attend any co-curricular school-sponsored activities including but not limited to proms, graduations picnics, dances, ceremonies. If the student is a senior, he/she will not be permitted to participate in the graduation ceremony. However, if a student consistently tests negative until the end of the school year, he /she will be permitted to participate in activities/athletic programs following the 60-day suspension. If the student is a senior, he/she will also be permitted to participate in the graduation ceremony and attend the ball. He/she will however, be randomly tested by the SAC for the remainder of the school year. This is providing that the infraction DOES NOT occur with less than 5 weeks in the school year.
Student may attend the 10 counseling sessions with the SAC or sign into and complete a drug/alcohol out-patient or in-patient rehabilitation program and continue an aftercare program with the SAC. Attendance in the rehabilitation program must begin within one week of the offense. An information release form must be available to the SAC. The parent(s)/guardian is/are responsible for the cost of the rehabilitation program.
NOTE: A student’s discipline record under the Drug and Alcohol portion of this policy will be carried from year to year: i.e. an offense occurring in the sophomore year following an offense in the freshman year places a student at the second offense stage for that offense. Similarly, suspensions under this policy will be carried into subsequent years, i.e., a 60 day activity suspension occurring in June (for an underclassmen) will be completed in the next school year.
Legal References: N.J.S.A. 18A:40A-22-24
First Reading: September 24, 2009
Adopted: October 22, 2009
POLICY No. 5131.7
BRICK TOWNSHIP BOARD OF EDUCATION Students
ASSAULT OF A SCHOOL EMPLOYEE BY STUDENTS
It is the intention of the Board to protect its employees from verbal and physical abuse by students. Students who commit such misconduct shall be disciplined in accordance with established procedures.
Date Adopted: December 8, 1983
Date Revised:
POLICY No. 5131.8
BRICK TOWNSHIP BOARD OF EDUCATION Student Information
STUDENT USE OF PORTABLE ELECTRONIC
COMMUNICATION DEVICES
Students shall not display or activate any portable electronic communication device during the instructional day. The instructional day includes, but is not limited to, the actual class time, lunch break, change of class time, and other structured or non-structured instructional activity that occurs during a normal or shortened school day.
Portable electronic devices include, but are not limited to, cell phones, camera cell phones, walkie-talkies, personal digital assistants, IPODs, CD players, MP3 players, other hand–held devices that are used for communications. Exclude from this definition are appropriate devices that are used as part of the instructional process or an approved curriculum.
Students are responsible for making certain that they are turned off. Portable electronic communication devices may be activated, displayed, or used prior to entering school, or upon leaving the school after dismissal on normal or shortened school days.
Students may activate, display, or use portable electronic devices during after-school activities as long as they conform to the rules of administration or the person in charge of the after school activity. Students are reminded to act or behave in a responsible manner, and avoid disruptive actions/situations when using portable electronic devices in an after-school activity (indoor-outdoor, sports events, club meetings, etc.).
The Board of Education will assume no responsibility for damages to, the destruction of, or the theft of a portable electronic device.
Failure to follow these guidelines will result in appropriate student discipline and/or the confiscation of the device.
Legal References:
P.L. 2002, c. 120 (A-445)
P.L. 103-382, Improving America’s Schools Act of 1997
New Jersey Statute C. 39:4-97.3
N.J.S.A. 2C:33-19 Paging devices, possession by students
N.J.S.A. 2C:39-1 Definitions
N.J.S.A. 18A: 6-1 Corporal punishment of students
N.J.S.A 18A:36-19.2 Student locker or other storage facility; inspections, notice
N.J.S.A 18A: 37-1 Submission of students to authority
N.J.S.A 18A: 37-2 Causes for suspension or expulsion
N.J.S.A 6A:14-2.8 Discipline/suspension/expulsion
First Reading: September 24, 2009
Adopted: October 22, 2009
POLICY No. 5131.9
BRICK TOWNSHIP BOARD OF EDUCATION Students
NO SMOKING
In order to protect pupils from an environment which is potentially dangerous to their health, the Board of Education prohibits smoking on school premises and in vehicles owned or utilized by the school.
For the purposes of this policy, “smoking” means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance for smoking, not covered under Policy 5131.6.
The Superintendent shall promulgate regulations for the administration of this policy as may be necessary.
Date Approved: August 8, 1985
Regulations No. 5131.9R
BRICK TOWNSHIP BOARD OF EDUCATION Students
NO SMOKING
Upon determining that a student has smoked on school grounds, the principal shall observe the following:
Grades 9-12
First Offense - After school detention at the principal’s discretion.
Second Offense - Five school days in the GASP Program.
Third Offense - Ten school days in the GASP Program.
Fourth Offense - Ten school days out of school suspension.
Fifth Offense - Administrative hearing with student and parents or
Guardians held by the Superintendent or designee.
Sixth Offense - Board of Education hearing.
Grades K-8
Smoking by students shall be dealt with by the principals in accordance with the No Smoking Policy.
Date Approved: August 8, 1985
POLICY No. 5132
BRICK TOWNSHIP BOARD OF EDUCATION Students
DRESS AND GROOMING
It is the purpose of the Board in the matter of pupil grooming to enhance health and safety of the students and to avoid distractions to the educative process. It is neither the intention of the Board to usurp parental prerogative for determining appropriate grooming for their children, nor to use style, fashion or taste as a sole criteria for exclusion from instruction.
The Board authorizes the Superintendent to enforce school regulations prohibiting student dress or grooming practices which:
a. present a hazard to the health or safety of the student or to others in the school
b. materially interfere with school work, create disorder, or disrupt the educational program
c. cause excessive wear or damage to school property
d. prevent the student from achieving his/her own educational objectives because of blocked vision or restricted movement.
Reference: 18A:11-1
Date Adopted: April 18, 1983
Date Revised:
| | |