Students

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Corporal Punishment
Lightly hitting students on the hand with a ruler constitutes corporal punishment even if no physical harm results. Decision: 3 N.J.A.R. 237
Domicile
A child is not entitled to a free public education in New Jersey where evidence establishes that the child's parents are domiciled in New York. An unemancipated infant cannot acquire a domicile other than its parents'. Decision: 2 N.J.A.R. 283
A child's all-year residence in a school district for one year or longer is insufficient to entitle the child to a free public education in New Jersey. The child must have a parent or guardian residing with him. Decision: 2 N.J.A.R. 283
Eight Semester Rule
The failure of an athletic association to apply any definite standards or to provide any reasons for its action in denying a waiver for the eight semester rule was arbitrary and unreasonable. Decision: 3 N.J.A.R. 193
Extracurricular Activities
It is within the discretion delegated to local boards of education to permit or deny participation by nonpublic school students in public school extracurricular activities. Decision: 13 N.J.A.R. 110
Illegal Alien
A child of illegal aliens is entitled to a free public education. Decision: 6 N.J.A.R. 168
National Honor Society
Where reasons given by a National Honor Society selection committee are nebulous and completely unsupported by the evidence in the record, no rational basis exists for the denial of membership in the Society. Decision: 4 N.J.A.R. 136
Pupil Records
An entire file may be considered a pupil record if the school intentionally maintains within the file information meeting the definition of pupil records; a document is a pupil record if it is received and maintained by the school and relates to an individual as a pupil or student in the school. Decision: 6 N.J.A.R. 480
Sex Discrimination
Exclusion of boys from girls' athletic teams does not violate the constitutional rights of boys. Decision: 10 N.J.A.R. 106
In case involving female student's right to try out for boys' football team, Commissioner of Education declined to award counsel fees under Law Against Discrimination. Decision: 12 N.J.A.R. 232
Suspension
Long term suspension of students by Board of Education violated student's due process rights where school authorities failed to notify him in writing of charges. Nevertheless, Board's voluntary reinstatement of student to regular school enrollment during hearing and expungement of record preclude requiring any further action. Decision: 1 N.J.A.R. 055
Valedictorian Residency Rule
Formal board resolution is required to establish a residency requirement for being named valedictorian. Decision: 13 N.J.A.R. 566