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ERIC Number: ED504922
Record Type: Non-Journal
Publication Date: 2004
Pages: 60
Abstractor: ERIC
Student Discipline Rights and Procedures: A Guide for Advocates
Boylan, Ellen
Education Law Center
To be both fair and effective, student discipline law and policy must balance two separate rights of students: the constitutional right to a public education, and the right to a safe and orderly learning environment. Procedures and laws to protect students from arbitrary and wrongful discipline are necessary, as are procedures and laws to allow schools to discipline disruptive and dangerous students. The New Jersey Department of Education has recognized that there are problems with state policy and law on student discipline and has begun the process of developing a new student discipline code. This manual is designed to help parents and advocates represent students in discipline cases. It sets forth the current state of New Jersey law and policy governing student discipline, and points out the areas in which reform is needed. The manual is divided into two parts: Part I sets forth the law and procedures that apply to all students involved in a discipline case; Part II sets forth the additional laws and procedures that apply to students with disabilities who are, or may be, eligible for special education. Discipline of students with disabilities is governed by the general education laws and by the additional requirements of the special education laws. Appended are: (1) Format of Petition Appeal; (2) Proof of Service; (3) New Jersey Department of Education Request for Mediation/Due Process Hearing/Expedited Due Process Hearing; and (4) New Jersey Department of Education Request for Emergency Relief Hearing. (Contains 242 endnotes.) [Elizabeth Athos, Jennifer Weiser, and Diana MTK Autin contributed to this manual. It should be noted that since the publication of this manual, New Jersey has adopted student conduct regulations and Congress has amended the discipline provisions of the Individuals with Disabilities Education Act (IDEA). An updated discipline manual incorporating these changes will be provided on the Education Law Center Web site upon completion.]
Education Law Center. 60 Park Place Suite 300, Newark, NJ 07102. Tel: 973-624-1815; Fax: 973-624-7339; e-mail:; Web site:
Publication Type: Guides - Non-Classroom; Reports - Descriptive; Tests/Questionnaires
Education Level: Elementary Secondary Education
Audience: Parents
Language: English
Sponsor: New Jersey State Bar Foundation
Authoring Institution: Education Law Center
Identifiers - Location: New Jersey
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act