You doubtless love and deeply care for your New Jersey high school student, no matter the school issues your student faces. If your student faces accusations of academic misconduct, academic failure, behavioral misconduct, or even sexual misconduct, you still want the best for your student, including that your student gets to continue in the New Jersey high school with the support of student peers and caring staff and mentors. The Lento Law Firm's premier Student Defense Team is available in Newark, Jersey City, Paterson, Elizabeth, Lakewood, Edison, Woodbridge, Toms River, Hamilton Township, Trenton, Clifton, Cherry Hill, Brick, Camden, Bayonne, Passaic, and other New Jersey cities, towns, and villages to defend your student against high school misconduct charges. Call 888.535.3686 or use our contact form now to retain the skilled and experienced attorneys your student needs.
A New Jersey Parent's Interest
New Jersey parents do the right thing when they pay close attention to the high school education of their students. High school is such an important developmental and transitional stage. A solid New Jersey high school experience can set your student up for lifelong success in relationships, higher education, professions, trades, and other vocations, recreation, mental and physical health, and everything else important to a flourishing life. Conversely, high school suspension or expulsion, alternative disciplinary placement, holding back a grade, and other forms of high school discipline can cripple a student, having long-term and even lifelong adverse effects. Don't let things go badly wrong for your New Jersey high school student. Keep your student on track, even in the face of daunting disciplinary issues, academic issues, or other allegations and charges. Let our highly qualified Student Defense Team attorneys help.
New Jersey's Education System
The New Jersey legislature has enacted laws that govern the state's education system, including the state's high schools. The state's education laws, compiled at New Jersey Statutes Title 18A, create the state's Board of Education while authorizing the board to adopt further rules and regulations. The Board of Education has promulgated its rules and regulations in New Jersey Administrative Code Title 6A. Together, the state's education statutes and administrative rules authorize New Jersey high school officials to investigate and discipline your student while also offering you and your student certain procedural protections against wrongful discipline. Federal laws like Title IX of the Civil Rights Act of 1964, the Individuals with Disabilities Education Act (IDEA), and even the Americans with Disabilities Act (ADA), and local district student codes of conduct may also affect how your student's New Jersey high school must educate and protect, or may discipline, your student. Our attorneys know these laws, codes, rules, and regulations. They also know how to strategically deploy the law to protect your student's best interests. Let us help you defend your student against school issues so that your student avoids educational and other harms.
New Jersey's Board of Education
New Jersey Statute Section 18A:7A-30 creates the New Jersey Board of Education while empowering it to govern the state's school districts, including local high schools. The same section also empowers the Board of Education to adopt the administrative rules and regulations providing for relatively uniform local school operations, including the rights and responsibilities over student discipline. Other statutory sections authorize or require the Board of Education and its local school districts to regulate student conduct over such subjects as weapons in school, school hazing, bullying, harassment, and other disciplinary subjects. Other statutory sections require school districts to provide accused students with protective procedures. New Jersey Statute Section 18A:37-2.4, for instance, grants students a formal hearing when suspended for school assaults or other misconduct. Our attorneys can help you invoke those protections.
New Jersey School Districts
Other sections of New Jersey's education law empower the state Board of Education to create local school districts to operate and govern high schools, including to regulate and discipline students. New Jersey Statutes Section 18A:17A-1, for instance, authorizes a district superintendent to govern the local school district, with authority to establish and enforce district policy and procedure under the guidance of the local school district board. New Jersey Administrative Code Section 6A:32 further details the authority of the local school district over school operations, including student discipline. Our attorneys can help you deal with the local school district and superintendent over your student's high school matter.
New Jersey Local High Schools
While the above state laws and rules, and local school district policies, may be important to the outcome of your New Jersey high school student's disciplinary or other matter, the high school's own standards, codes, and rules may prove to be the most important determiner of your student's rights and responsibilities. New Jersey Statutes Section 18A:37-4 grants the school principal the power to discipline students. New Jersey Administrative Code Section 6A:16-7.1 requires the local school district to assist the local high school and other schools in adopting and enforcing a student code of conduct. High schools across the state have thus adopted student codes to inform students and their parents of the expectations students must meet to remain in the school's good standing. Consider as examples these school conduct codes:
- the Code of Student Conduct for the Paterson Public Schools;
- the Student Handbook for the Bayonne High School;
- the Student Discipline Policy for the Newark Board of Education; and
- the Parent/Student Handbook for the Elizabeth Public School District.
New Jersey High School Academic Misconduct
New Jersey high school student codes of conduct, like those just listed above, set expectations for academic studies. Those codes generally prohibit cheating, or taking undue academic advantage by means of violating the school's or teacher's rules, limits, and instructions, of several different kinds. The Student Discipline Policy for the Newark Board of Education is an example of a student conduct code specifically prohibiting cheating. The Parent/Student Handbook for the Elizabeth Public School District is another example of a code prohibiting students from misusing or gaining unauthorized access to electronic information, whether for cheating or other purposes. The Code of Student Conduct for the Paterson Public Schools likewise prohibits academic dishonesty, which is defined as “cheating, plagiarism or other use of another's academic work without proper source citation.” Specific examples of academic misconduct charges against which our attorneys can help you defend your New Jersey high school student include:
- using answer keys, problem sets, printed materials, electronic files, internet access, or student, parent, or other assistance on quizzes, tests, exams, or assignments, against instructor directions;
- collaborating or otherwise working with another student against instructor directions, while misrepresenting the work as the student's own sole work;
- submitting one's own work for academic credit more than once, in an act of so-called self-plagiarism, against instructor directions and without disclosing the prior use of the work;
- claiming authorship over written work without attributing proper credit to others from whom the student took the work, against instructor directions and school conventions for attribution; or
- fabricating or altering facts, citations, data, results, or other information, falsely claiming that information to be accurate and original results of experiments undertaken or observations duly performed.
Punishing New Jersey High School Academic Misconduct
New Jersey high school codes of conduct typically grant the teacher, school principal, or other school disciplinary official the authority to discipline students for academic misconduct in the manner and to the extent the official deems appropriate. The Code of Student Conduct for the Paterson Public Schools, for example, expressly authorizes a wide range of punishments for academic misconduct, from loss of credit, grade, or school privileges right up to school suspension or expulsion. But just because a New Jersey high school may suspend or dismiss a student for serious, repeated academic misconduct does not mean that the school should or will do so. High school students are still learning academic customs, conventions, and standards. Our attorneys may be able to show school officials that the school better serves your student and the school's own academic mission and interests by providing remedial instruction or other alternative corrective action, avoiding harsh discipline like suspension or expulsion.
Impacts of New Jersey High School Academic Misconduct
While academic misconduct charges may look like a less serious offense than things like weapons, drugs, or gang participation in school, do not minimize the risk to your New Jersey high school student of suffering discipline for academic misconduct. Academic discipline can ostracize your student from peers, adversely affect teacher and mentor relationships, discourage your student from effortful studies, and affect your student's ability to pursue higher education and gain admission to preferred college and university programs. Even things like loss of athletic team privileges, activity club privileges, and academic standing and honors can adversely affect your student's motivation, development, identity, and prospects.
Defending New Jersey High School Academic Misconduct Charges
Let our skilled and experienced attorneys help you defend your New Jersey high school student's academic misconduct charges. Your goal, and the goal of your student, should be to minimize adverse disciplinary impacts while maximizing the positive guidance and development of your student. We may be able to help you propose, advocate, and negotiate alternative remedial relief that meets the school's need to maintain academic honesty and integrity while preserving your student's clean record and guiding your student's positive compliance with school codes, standards, and expectations. We may be able to arrange early conciliation conferences that avoid stressful hearings, the outcome of which could be uncertain. If school officials insist on proceeding with formal charges and hearings, we can help you present your student's exonerating and mitigating evidence. We may also be able to take district appeals and even pursue state agency or court review to preserve your student's record and education.
New Jersey High School Behavioral Misconduct
Academic misconduct is only the first form of charge that New Jersey high schools may bring against a student who does not meet the standards and expectations of the school's student code of conduct. Student codes of conduct like those cited above for Newark, Paterson, Elizabeth, and Bayonne high schools and school districts also regulate student non-academic behaviors. The Parent/Student Handbook for the Elizabeth Public School District, for example, prohibits weapons, explosives, drugs and drug paraphernalia, alcohol, and tobacco products and vaping devices in schools. The Code of Student Conduct for the Paterson Public Schools, for another example, prohibits those same items while also prohibiting bullying, hazing, violence, gang participation, and other endangering or disruptive conduct. Your New Jersey high school student's code of conduct likely prohibits the following broad classes of student behavioral misconduct:
- physical assault or other violence of all kinds, including shoving, spitting, striking, fighting, slapping, tripping, and even horseplay, especially when non-consensual, injurious, or disruptive, as New Jersey Statute Section 18A:37-32.2 and other laws prohibit;
- bullying, harassing, intimidation, hazing, gang activities, and other threats of physical violence, mistreatment, embarrassment, or offense, especially when discriminatory based on sex, race, ethnicity, national origin, religion, culture, class, or other protected characteristic, as New Jersey Statute Section 18A:37-17 and other law prohibit;
- possession on school property or at school events of any item injurious to the health, safety, welfare, or morals of students, including tobacco, pornography, firearms, knives, other weapons, fireworks, explosives, alcohol, or drugs, as New Jersey Administrative Code Section 6A:16-6.1 and other law prohibit;
- property theft, property damage or destruction, graffiti, vandalism, misuse of school computers, trespass without school authorization, and other property wrongs and crimes; and
- disorderly conduct, disrespect, disobedience, or insubordination toward teachers, principals, and other school staff authority figures, and other acts that disrupt the educational process, as New Jersey Administrative Code Section 6A:16-7.2 and other laws prohibit.
Impacts of New Jersey High School Behavioral Misconduct Charges
Behavioral misconduct charges can have even more serious impacts on your New Jersey high school student than academic misconduct charges. Depending on the severity, frequency, duration, and reprehensibility of the alleged misbehaviors, behavioral misconduct findings may indicate to student peers, student parents and guardians, teachers, aides, and advisors within the school, and educators, mentors, employers, friends, and family members outside the school, that your student is unreliable, unworthy, and even corrupt or dangerous. Your student could not only get suspended or expelled from high school and face alternative disciplinary placement in a reform school or boot camp. Your student could also suffer longer-term impacts for higher education or vocational training, and adverse social impacts on relationships and support networks. Behavioral misconduct findings can harm your student, especially if the findings are unfair or exaggerated or the discipline is unduly harsh and non-constructive.
Defending New Jersey High School Behavioral Misconduct Charges
Don't let behavior misconduct findings label your student as a miscreant unworthy of respect, support, services, education, and advancement. Our attorneys can appear on your student's behalf to alert New Jersey high school and district disciplinary officials that you take your student's rights and privileges seriously. We may be able to arrange an early conciliation conference at which we may be able to propose, advocate, and negotiate positive, constructive relief as an alternative to discipline so that the school dismisses the charges. Remember, your goal is to keep your student's school record clean. Our attorneys know the terms and conditions that disciplinary officials may accept that meet their duties to protect the school environment while also serving your student's educational interests. We can also invoke the formal hearings and take the appeals necessary to advocate your student's best outcome, if school officials insist on proceeding with behavioral misconduct charges.
New Jersey High School Sexual Misconduct
Sexual misconduct allegations and charges can be even more serious than academic or behavioral misconduct issues for your New Jersey high school student. Multiple New Jersey education laws, like New Jersey Statute Section 18A:37-2a, address the state's obligation under federal Title IX provisions to protect students against sexual assault, dating violence, stalking, and sexual harassment in schools receiving federal funding. New Jersey high school and local school district handbooks and conduct codes, like the Parent/Student Handbook for the Elizabeth Public School District, recognize their Title IX obligations. Title IX prohibits not only outright sexual assault, dating violence, and stalking but also sexually harassing slurs, jokes, advances, and other words and conduct when severe and pervasive enough to alter the school environment. The Code of Student Conduct for the Paterson Public Schools, for instance, prohibits “inappropriate speech or conduct” of a potentially sexually harassing nature.
Impacts of New Jersey High School Sexual Misconduct
Beware the potentially harsh impact of sexual misconduct findings. Findings of Title IX or other sexual misconduct can lead to school suspension or expulsion, boot camp placement, loss of college or university admission, loss of vocational programs, and even the inability to obtain trades and other licenses. The collateral consequences on student peer, teacher, mentor, and even family and friend relationships can also be severe. Educators, employers, volunteer programs, and others can be wary of having any contact or relationship with youth labeled as sexual perpetrators, deviants, or risks.
Defending New Jersey High School Sexual Misconduct Allegations
Don't let your New Jersey high school student fall into that class of sexual miscreants. Retain our highly qualified attorneys to defend against these most serious disciplinary charges. Let us appear on your student's behalf, intervene with school officials, obtain and evaluate any incriminating evidence, and help your student mount a vigorous, sensitive, strategic, and effective defense. We may be able to arrange voluntary conciliation, mediation, or other alternatives to discipline. If the school has already pursued formal charges, we can invoke the formal hearing procedures to put forward your student's best evidence. If you have already lost your student's Title IX or other sexual misconduct hearing, we can help you appeal, seek court review, or seek alternative special relief.
New Jersey High School Academic Progression
Even if your New Jersey high school student maintains generally good character and behavior, your student could face school suspension, expulsion, loss of privileges, holding back, or other forms of discipline around academic progression issues. The Elizabeth Public Schools' Parent/Student Handbook, for one example, states the school's academic progress expectations and associated disciplinary actions. Indeed, New Jersey, like other states, has truancy and chronic absenteeism laws, codified in New Jersey Statutes Section 18A:38-27 et seq., authorizing school discipline. Academic progression means moving forward through the high school program and keeping pace with student peers. You might be surprised to learn that New Jersey high schools have an interest in representing to their families, the public, and state administrators that their students perform to high academic standards. State report cards and school reputations can be important to school district superintendents, school principals, and teachers, as well as their employment, benefits, and advancement. Your student's New Jersey high school would not be the first if it were to remove your student simply to avoid the time, trouble, expense, burden, and embarrassment of having a low-performing student. Let our attorneys help if your student's New Jersey high school threatens to hold your student back or suspend or expel your student over academic progression issues.
Causes of Academic Progression Issues in New Jersey High Schools
Failure to progress academically can have several causes. Certainly, high school students develop academically, intellectually, socially, and emotionally at different rates. Your student may just have a temporary lag in development that is perfectly natural for your student's age, sex, environment, and other normal developmental factors. Disabilities, disease, injuries, and even school bullying, harassment, and intimidation can also affect student academic progression. Teachers, aides, advisors, and administrators have their own positive or negative influence on your student's academic progression. Don't blame your student. If, in fact, your student is showing motivation, attention, concentration, attendance, and other personal conduct issues, those issues may be due to other circumstances that your student does not understand or cannot address alone.
Addressing New Jersey High School Academic Progression Issues
Our attorneys can help you and your student discern the probable causes and best remedial path for your student to overcome New Jersey high school academic progression issues. We can pursue conciliation conferences at which to advocate for disability and remedial services but also invoke formal hearings and take district and state agency appeals to challenge the high school's decision to hold back your student or expel or suspend your student for truancy, absenteeism, or other lack of effort. Don't let academic progression issues stunt your student's academic and other development. Get our help.
New Jersey High School Sanctions
As generally indicated above, New Jersey education laws grant school districts and high schools relatively broad authority to impose a range of sanctions against your student, whether for academic, behavioral, or sexual misconduct, or academic progression issues. For example, New Jersey Statutes Section 18A:37-2 expressly authorizes high school suspension or expulsion for willful disobedience, open defiance of school authority, conduct endangering student well-being, taking personal property of another, damaging school property, trespass, incitement, harassment, intimidation, or bullying. School codes of conduct, like the Paterson Public Schools code, amplify that authority to impose appropriate discipline into a wider range of warnings, reprimands, detentions, parent conferences, loss of privileges, in-school suspension, out-of-school suspension, and alternative disciplinary placement. Your student might also face community or school service, restitution or fines, and loss of assignment or course credit.
New Jersey High School Disciplinary Sanction Issues
As a parent of a New Jersey high school student who may need guidance, motivation, and correction, you may feel that disciplinary sanctions are generally a good thing. The problem is when disciplinary sanctions do more harm than good to your student's academic record, school motivation, overall development, and peer and teacher relationships. New Jersey high school officials are not perfect. They can, at times, impose unnecessary discipline, exaggerated and unduly harsh discipline, and even unfair discipline that demotivates, embarrasses, discourages, and harms your student. Let us help you evaluate the best response to inappropriate discipline or threats of discipline of your New Jersey high school student. We may be able to appeal and reverse discipline already imposed or gain equivalent alternative special relief that rehabilitates and guides rather than discourages and harms your student.
New Jersey High School Discipline Limitations
New Jersey law limits and conditions the discipline that your student's New Jersey high school teacher or principal may impose in certain cases. New Jersey Statutes Section 18A:37-4 and related sections require school officials to promptly report suspensions and expulsions to the district superintendent for review and potential reinstatement. In other words, your student's teacher or principal should not be acting alone to suspend or expel your student. New Jersey Statutes Section 18A:6-1 further prohibits any school official from imposing corporal punishment such as paddling or involuntary restraint, other than to quell a disturbance or obtain a weapon or other endangering or unlawful item. New Jersey Statutes Section 18A:46-13.4 prohibits involuntary restraint except for emergency safety and similar limited purposes. Local codes of conduct, like the one for the Paterson Public Schools, routinely incorporate those prohibitions. We can invoke these limitations and conditions to ensure that your student's local school officials comply with state laws and do not unduly or unlawfully discipline your student.
New Jersey High School Student Defense
Your New Jersey high school student has the constitutional and statutory right to mount a defense to misconduct charges. Those rights give our attorneys the perfect opportunity to assist you and your student with a strategic and effective defense. Generally, the state must not deprive a student of the liberty and property interest in a free public education without due process of law. New Jersey Statutes Section 18A:58-37.14 expressly incorporates the procedural protections of the state's Administrative Procedure Act, referring to those constitutional rights. The state's Administrative Procedure Act guarantees that in contested cases involving long-term suspension or expulsion, your student will have the right to an administrative hearing before an impartial administrative law judge, with fair notice well in advance of the disciplinary charges and incriminating evidence. We can invoke those administrative procedures to cross-examine witnesses, present your student's defense evidence, and advocate for dismissal of all charges and other appropriate relief. The Act further grants appeal rights and limited rights of court review, with which our attorneys can also assist.
Your New Jersey High School Student Needs Defense
While New Jersey's Administrative Procedure Act guarantees your student due process rights, the Act is not self-executing. You and your student must generally appear, invoke the Act's rights, and otherwise navigate the rules, regulations, and procedures. The school district will have attorney representation in those administrative proceedings. You must level the playing field for your student by retaining highly qualified representation. Do not retain a local criminal defense attorney or civil litigator who lacks skill and experience in academic administrative matters. Court rules and procedures differ markedly from administrative rules and procedures. We know how to invoke the administrative rules, customs, conventions, and procedures to your student's best effect. Unqualified defense representation can do more harm than good. Entrust our skilled and experienced academic administrative attorneys with your student's effective and strategic defense.
Premier New Jersey High School Student Defense
You now know what your New Jersey high school student may have at stake in the school's disciplinary proceeding. You should also recognize why your student needs the Lento Law Firm's premier Student Defense Team services for a strategic and successful defense. Hundreds of students nationwide have wisely trusted our attorneys with their defense for successful outcomes. Call 888.535.3686 or use our contact form now to tell us about your New Jersey high school student's case. We are available in Newark, Jersey City, Paterson, Elizabeth, Lakewood, Edison, Woodbridge, Toms River, Hamilton Township, Trenton, Clifton, Cherry Hill, Brick, Camden, Bayonne, Passaic, and other New Jersey cities, towns, and villages across the state.
