[First Reprint]

SENATE, No. 1072

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 9, 1996

 

 

By Senator PALAIA

 

 

An Act concerning the reporting of pupil assaults upon public school employees and amending P.L.1979, c.189.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 2 of P.L.1979, c.189 (C.18A:37-2.1) is amended to read as follows:

    2. a. Any pupil who commits an assault, as defined pursuant to N.J.S.2C:12-1, upon a teacher, administrator, board member or other employee of a board of education, acting in the performance of his duties and in a situation where his authority to so act is apparent, or as a result of the victim's relationship to an institution of public education of this State, shall be immediately suspended from school consistent with procedural due process pending expulsion proceedings before the local board of education. Said proceedings shall take place no later than 21 calendar days following the day on which the pupil is suspended.

    b. Whenever a teacher, administrator, board member 1[or] ,1 other employee of a board of education 1or a labor representative on behalf of an employee1 makes an allegation 1in writing1 that 1[he] the board member or employee1 has been assaulted by a pupil, the principal shall file a written report of the alleged assault with the district's superintendent of schools. The superintendent to whom the alleged assault is reported or, if there is no superintendent in the district, the principal who received the allegation from the 1board member,1 employee, 1or labor representative1 shall report the alleged assault to the board of education of the district at its next regular meeting.

    Any person who fails to file a report of an alleged assault as required pursuant to this subsection 1[shall] may1 be liable to disciplinary action by the board of education of the district and the board shall report to the county superintendent of schools the disciplinary action it imposes 1,if any1.

(cf: P.L.1979, c.189, s.2)

 

    2. This act shall take effect immediately.

 

 

 

Requires the filing of a written report of any alleged pupil assault upon a school employee.