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What Parents and Students Need to Know About Alcohol, Drug, and Other Controlled Substance Offenses in School

Posted on September 15, 2025

Co-Authored by:

Rachel Kiwi 
Corporate Counsel
Audible

David Vitali
Manager, Public Policy
Amazon

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

Summary of the law:

Every school district in New Jersey is required to have a comprehensive program to prevent, identify, and address alcohol, tobacco, and drug use among students. This program has three main parts: prevention (keeping students from using substances), intervention (identifying and helping students who may have problems, including referrals for evaluation and referral for treatment), and continuity of care (supporting students who are receiving or have received treatment). School districts must annually review and distribute its policies and procedures regarding student alcohol and other drug abuse.

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  • Prevention and Education: Schools must provide prevention programs designed to keep students away from alcohol, tobacco, and drugs while creating substance-free school environments. All school staff receive annual training on substance abuse prevention and intervention. Additionally, schools are required to offer educational programs for parents at convenient times and locations, helping families understand and address substance abuse issues.
  • Process For Suspected Substance Use: If any school employee suspects a student is under the influence of alcohol or drugs on school property, the school must:
    • Immediately report to designated school personnel
    • Promptly notify parents/guardians
    • Arrange for an immediate medical examination. Parents can choose their own physician for this examination, but if their doctor isn't available, the school physician or emergency room will conduct the exam. The cost depends on who performs the examination - parents pay if they choose their own doctor, while the school district covers costs for school physician or emergency room visits.
    • Determination if student was under the influence with a written medical report provided within 24 hours to parents, the principal, and chief school administrator. If the report shows no substance use interference with school performance, the student returns to school immediately. However, if substance use is confirmed as affecting the student's ability to perform in school, the student cannot return until a follow-up medical examination shows they can safely participate in school activities
    • If test results are positive, ensure the student does not return to school without medical clearance
    • Student assistance coordinator conducts assessment to determine extent of substance involvement and need for treatment
    • If needed, refer the student to a treatment program approved by the Commissioner of Health
    • Obtain a written report certifying that the student is physically and mentally able to return to school
    • Provide educational services during any suspension
  • Assessment and Support Services: When substance use is suspected or confirmed, qualified school staff (such as student assistance coordinators, school counselors, or school nurses with proper training) will conduct assessments and may recommend evaluation by outside professionals or treatment programs. Schools must provide support services for students receiving treatment and help them transition back to school successfully.
  • Confidentiality Protection: Schools must maintain strict confidentiality regarding student substance abuse information, following federal privacy laws. Information about a student's participation in school-based counseling programs is protected, including situations where the student reports substance use by family members at home.
  • Consequences and Code of Conduct: Schools have specific policies outlining consequences for students who use, possess, or distribute alcohol, drugs, or other intoxicating substances on school grounds. These policies include due process provisions and may involve law enforcement when appropriate, particularly for controlled dangerous substances. However, the focus remains on getting students the help they need rather than purely punitive measures.
  • Appeals: District policies must include procedures for students or their parents to challenge a positive result from the alcohol or other drug tests.
  • Optional Random Testing Programs: Some school districts may choose to implement random drug and alcohol testing for students in grades 9-12 who participate in extracurricular activities (including athletics) or have parking permits. If a district adopts such a program, they must hold public hearings, obtain written consent from both students and parents, and cover all testing costs. Results can only be used to remove students from activities or revoke parking privileges - not for criminal prosecution.
  • Reporting and Documentation: Schools must maintain detailed records of all substance-related incidents and report them to state authorities twice yearly. These reports help track trends and ensure schools are addressing substance abuse issues appropriately while maintaining student privacy protections.

Steps parents must take to ensure the law is enforced:  

Parents can take several important steps to ensure the comprehensive alcohol, tobacco, and other drug abuse programs are properly enforced:

Stay Informed and Engaged

  • Attend the educational programs on alcohol, tobacco, and other drug abuse that school districts offer.
  • Obtain and review the district's policies and procedures that are distributed annually by the school district.

Provide Input on Policy Development

  • Engage in the annual review process where districts may solicit parent input on the effectiveness of alcohol and drug abuse policies
  • If your district considers adopting random drug testing policies, attend the required public hearing and request copies of proposed policies beforehand

Know Your Rights and Responsibilities

  • Know that you must be immediately notified if your child is suspected of being under the influence of alcohol or drugs
  • Understand your right to select the physician for required medical examinations of your child and ensure you comply with the 24-hour reporting requirements to avoid policy violations

Monitor Compliance

  • Ensure your district has properly certified student assistance coordinators or appropriately certified staff performing these functions
  • Verify your district has established all four required components: prevention, intervention, referral for evaluation, and continuity of care
  • Ask whether all educational staff members receive required annual in-service training on substance abuse

Report Non-Compliance

  • Report any concerns about policy implementation directly to school administrators
  • Contact the Chief School Administrator if school-level concerns aren't addressed
  • Report violations to the New Jersey Department of Education if district-level responses are inadequate
  • Report any violations of confidentiality requirements
  • Ensure proper incident reporting procedures are being followed

When a parent should contact an attorney:

While many school substance abuse cases can be resolved through direct communication with school officials, certain situations warrant legal representation. Consider consulting an attorney under the following circumstances:

  • In the event of due process violations, such as, the school failing to provide proper notice of charges or explain evidence, your child is denied the opportunity to present their side, the school imposes disciplinary measures before completing required medical examination, or the hearing before the board of education does not follow proper procedures.
  • If you want to challenge a positive drug/alcohol test result through the school's challenge procedures
  • If there are concerns with a medical examination, such as the school failing to notify you immediately when your child is suspected of substance use, you are not allowed to select your own physician for the examination, the medical examination is not conducted properly or within required timeframe, or if there are discrepancies with the medical examination report
  • When your child is facing severe disciplinary consequences, which could include long-term suspension (more than 10 days), expulsion, transfer to an alternative education program, or disciplinary actions that may appear on your child’s permanent record
  • If your child faces removal from extracurricular activities or revocation of parking permits based on test results.
  • If disciplinary measures appear disproportionate to the alleged violation
  • When navigating the specific procedures, sanctions and due process provisions mentioned in the school's policy.
  • In the event of confidentiality breaches, for example if protected information has been shared with law enforcement without authorization or confidential information has been improperly included in educational records
  • In the event of criminal charges or law enforcement involvement

Links to relevant law: 

Links to helpful resources:

Substance Use Resources on youth.gov

KidLaw Resource Center

New Jersey’s New Adaptive Testing: What Parents Need to Know

Posted on September 15, 2025

Co-Authored by:

Our Partners at Amazon and Audible

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

Starting in Fall 2025, New Jersey will roll out a new “adaptive” version of state standardized tests for students in grades 3–12. This change will affect both the New Jersey Student Learning Assessments (NJSLA) and the New Jersey Graduation Proficiency Assessment (NJGPA). Unlike traditional tests, adaptive assessments use computer software that adjusts question difficulty based on how a student responds. Field testing begins in Fall 2025, with full implementation scheduled for Spring 2026.

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As a parent, you have important rights to information under New Jersey Rev Stat 18A:7C-6.6. School districts and charter schools are required to provide information about testing procedures, the accommodations or accessibility options that are available to students, and how to access sample questions and assessment answers and results.

For additional information, take these steps:

      • Check your district’s website and the NJ Department of Education’s assessment page for updates.
      • Ask your child’s teacher or guidance counselor how these changes affect your student. If your child has an IEP or 504 plan, confirm accommodations will continue under the adaptive format.

If problems arise, keep records of your communications with teachers and school administrators. Escalate unresolved issues to your district superintendent or the NJDOE’s County Office of Education.

You may wish to contact an education attorney if your child’s legally mandated accommodations are not provided, if technical or administrative errors during testing negatively impact your child’s record, or if your school district fails to follow the requirements of the law. For additional support, the SPAN Parent Advocacy Network offers free guidance for families, and the NJ Children’s System of Care provides services for children who need extra emotional or behavioral supports. Remember: while these tests are important, they are just one measure of your child’s learning. Staying engaged and informed is the best way to ensure your child is supported through this change.

KidLaw Resource Center

Understanding Your Rights to Your Child’s School Records in New Jersey

Posted on September 14, 2025

Co-Authored by:

Danielle Imbemba
Corporate Counsel
Audible

Zack Stross
Associate Corporate Counsel, WW Ops

Claire Huynh
Corporate Counsel, WW Ops

 

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

As a parent in New Jersey, you have important legal rights regarding your child's school records that many families aren't aware of. The New Jersey Administrative Code (N.J.A.C. 6A:32) provides parents with specific rights to access, review, and even challenge information in their child's educational records. These regulations ensure transparency between schools and families, allowing you to stay informed about your child's educational progress and advocate effectively when necessary.

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What Records Does Your Child's School Maintain?
New Jersey public schools maintain several types of educational records, including:

      • Mandated student records: Mandated student records are records that school districts are required to maintain by law. These include Personal data (child's name, address, date of birth, and student ID number), enrollment history, health information (immunizations, physical examinations and health history), standardized assessment results, grades and academic credits, and records of disciplinary actions.
      • Permitted student records: Permitted student records are records that school districts can but are not required to maintain. These may include objective observations and teacher evaluations.

Your Rights as a Parent
Under N.J.A.C. 6A:32, you have the right to:

      • Access and review your child's records
      • Request explanations about anything in the records
      • Obtain copies of the records (schools may charge reasonable fees)
      • Challenge the content of records you believe are inaccurate or misleading
      • Appeal disciplinary records

How to Access Your Child's Records
Always submit your requests in writing and maintain written communication with the school regarding your child's records to establish a clear paper trail of your efforts.

  1. Submit a written request to your school principal specifically identifying which records you wish to examine.
  2. Schedule an appointment to review the records with appropriate school personnel.
  3. If you need copies, specify which documents you want duplicated. The school may charge reasonable fees for copying records, but these fees cannot prevent a parent or student from accessing the student records.
  4. The school must obtain a court order to withhold student records from you.

Challenging or Appealing Records
Many parents don't realize they can challenge information in their child's records, including disciplinary records. If you believe information is inaccurate or misleading:

  1. Submit a written request to the principal explaining which information you believe is inaccurate and why.
  2. For disciplinary records specifically, you can request to have a suspension removed or add a statement providing your perspective.
  3. The school must respond to your challenge within a reasonable timeframe.
  4. If dissatisfied with the school's response, you can appeal the decision to the district board of education within 10 school days of the decision.
  5. If dissatisfied with the district board of education’s decision, you can appeal the decision to the Commissioner.
  6. Records of the appeal and outcome are available to you and will become part of the student’s records.

When to Contact an Attorney
Consider legal assistance if:

      • The school repeatedly denies access to records you're legally entitled to view
      • You've followed proper procedures to challenge information but received no resolution
      • Your child faces significant disciplinary action that could impact their educational future
      • You believe your rights have been violated

Helpful Resources

Being informed about your rights regarding school records empowers you to be a more effective advocate for your child. Don't hesitate to exercise these rights whenever you have concerns about your child's educational records or disciplinary documentation.

KidLaw Resource Center

Attendance Matters – What Parents Need to Know about Attendance Laws and Their School District’s Policies

Posted on September 12, 2025

Co-Authored by:

Jim Budkiewicz
Contracts Manager
Audible

Huma Khan
Associate Corporate Counsel
Prime Video

Cynthia Suarez
Associate Corporate Counsel
Amazon Health Services

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

As a parent in New Jersey, understanding your state's attendance requirements is crucial for supporting your child's education and avoiding potential legal consequences.

What the Law Requires
Every school district in New Jersey must develop policies that clearly outline expectations for student attendance and punctuality, define what constitutes an unexcused absence, and establish consequences for violations. These policies aren't just guidelines—they're legally mandated requirements that schools must implement consistently across all students.

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The law recognizes that attendance issues often stem from underlying problems that need support rather than punishment. However, it also establishes clear thresholds where legal intervention becomes necessary to ensure compliance with compulsory education requirements.

How Schools Respond to Absences
New Jersey's attendance law creates a graduated response system that escalates interventions based on the number of unexcused absences your child accumulates. Understanding this system can help you work proactively with your school to address attendance issues before they become serious legal matters.

For the first four unexcused absences, schools focus on communication and early intervention. You can expect the school to contact you before the next school day to notify you of the absence and work with you to determine the cause. The school will collaborate with you to identify any needed support to help your child return to school and maintain regular attendance.

When absences reach five to nine unexcused days, the response becomes more intensive. Schools will evaluate whether previous interventions were effective and develop a comprehensive action plan. This may include referrals to intervention teams, academic or behavioral assessments, consideration of alternative educational placements, connections with community resources, or increased family engagement strategies.

Once your child reaches ten or more unexcused absences, they are officially considered truant under New Jersey law. At this point, schools must consider whether to make a court referral while continuing to work with you and involved agencies to support your child's return to regular attendance.

Court Referrals and Legal Consequences
The law provides two pathways for court involvement, depending on the circumstances. If school officials determine that unexcused absences violate education law, parents may be referred to municipal court. Alternatively, if there's evidence of a juvenile-family crisis, the student may be referred to Superior Court's Family Division.

Before any court referral, schools must provide a written report detailing all actions they've taken to address the attendance issues. This ensures that legal intervention only occurs after appropriate support measures have been attempted.

Special Considerations
If your child has a disability, all attendance policies must be applied in accordance with their Individualized Education Program (IEP), 504 plan, or healthcare plan. This ensures that attendance requirements consider your child's specific needs and circumstances.

For students attending schools outside their home district, the receiving school handles initial interventions, but responsibility transfers back to your home district once absences reach five or more days.

What Parents Should Do

Stay Proactive About Communication: Don't wait for the school to contact you. If your child will be absent, notify the school as soon as possible and provide appropriate documentation. Maintain open communication with teachers and administrators about any challenges affecting your child's attendance.

Document Everything: Keep records of all communications with the school, medical appointments, and any circumstances that may impact your child's attendance. This documentation can be crucial if attendance becomes a legal issue.

Address Problems Early: If you notice patterns of resistance to school or frequent requests to stay home, address these issues immediately. Work with school counselors, intervention teams, or outside professionals to identify and resolve underlying problems before they result in excessive absences. Request Intervention & Referral Services (I&RS) team involvement in writing at first signs of attendance issues.

Know Your Rights and Responsibilities: Familiarize yourself with your school district's specific attendance policies, which should be readily available. Understand what constitutes excused versus unexcused absences in your district.

Seek Support When Needed: If your family is facing challenges that affect school attendance—such as transportation issues, health problems, or family crises—reach out to school social workers, counselors, or community resources for assistance. Schools are required to work with you to develop solutions.

Respond Promptly to School Contact: When schools reach out about attendance concerns, respond quickly and work collaboratively to develop action plans. Your engagement in this process can prevent escalation to more serious interventions.

If the school fails to provide support, file a complaint with the district superintendent and NJ Department of Education. Advocates for Children of New Jersey offers a Special Education Guide with information about I&RS and progression to special education if needed. By understanding New Jersey's attendance requirements and taking proactive steps to ensure regular school attendance, you can support your child's educational success while avoiding the stress and consequences of legal intervention. Remember, schools want to work with families to resolve attendance issues—the key is addressing concerns early and maintaining open communication throughout the process.

Source: https://www.nj.gov/education/code/current/title6a/chap32.pdf

KidLaw Resource Center

Retention and Promotion: Issues and Rights

Posted on September 12, 2025

Co-Authored by:

Patrick O'Keefe
Contracts Manager
Audible

Ryan Whittington
Manager, Public Policy
Audible

 

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

Parents call either because they want their child retained or promoted, but their school district disagrees with their preference. There are state laws and case law that describe these rights. In general, the district has discretion, but parents can appeal. Parents must be told to look at their school’s policies which can differ from district to district. Parents should also be advised that every school district must make their policies available to parents. Most districts post their policies on their websites on their Board of Education page. If parents can’t find the policy they are looking for, they are entitled to receive this information upon request to the Board of Education. N.J.S.A. 18A:35-4.9

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Know Your Rights: Understanding Student Promotion and Retention in New Jersey Schools
Grade promotion decisions represent important milestones in a student’s educational journey. Parents may have legitimate concerns about whether their child should advance to the next grade or might benefit from additional time to master key concepts. New Jersey law stablishes clear guidelines for how these decisions should be made, ensuring that families are informed and involved throughout the process. This guide explains the legal requirements schools must follow regarding promotion and retention, outlines effective advocacy strategies for parents and guardians, and identifies resources available to support families navigating these important educational decisions.

Understanding the Law
New Jersey law (N.J.S.A. 18A:35-4.9) provides important protections for families regarding how schools make decisions about promoting students to the next grade or requiring them to repeat a grade. Under this statute, all local school boards must develop comprehensive policies addressing promotion standards and remediation options aligned with district goals and student proficiency requirements. Schools must notify parents/guardians about these policies and provide regular updates throughout the school year on student progress toward meeting promotion standards. Critically, the law also requires immediate consultation with parents if a teacher believes a student may not meet promotion standards—not just at year-end when intervention opportunities may be limited. Additionally, districts must establish formal appeals processes for parents and adult students to challenge promotion or retention decisions, and ensure parents, teachers, and students (where appropriate) participate in developing these policies.

Navigating the Process Effectively
Clear, ongoing communication is key to supporting student success. Families should first request their district’s written promotion and remediation policies to understand exactly what standards students must meet and what support options exist. Parents/guardians should seek to establish regular contact with teachers to help catch potential academic concerns early and monitor their child’s progress and academic capabilities. If academic concerns do arise, parents should promptly schedule formal meetings to develop specific intervention plans that include clear goals, action items, and follow-up dates.  Throughout this process, parents/guardians should aim to keep organized records of communications with the school, documenting when meetings occurred, who participated, what was discussed, and which interventions were proposed. Keeping such records may be valuable if further advocacy becomes necessary.

Seeking Additional Support
Certain situations may signal the need for further support or legal consultation regarding promotion or retention issues:

      • When schools fail to provide legally required notifications about academic concerns.
      • If documented intervention plans remain unimplemented despite parent/guardian follow-up
      • When retention decisions appear at year-end without prior warning or documented support
      • When retention decisions conflict with special education protections
      • If there appears to be discriminatory treatment or patterns in retention practices
      • Lack or failure of the school to follow its due process, district requirements and/or procedural frameworks

An attorney can help families understand their specific rights under New Jersey law, evaluate whether proper procedures were followed, and determine appropriate next steps when school-based resolution attempts have been exhausted.

Resources for Families
Parents and guardians seeking resources related to a pupils’ promotion, remediation policies, and procedures can visit these resources to understand about New Jersey’s law and policies:

New Jersey Department of Education (NJDOE):
https://www.nj.gov/education/code/current/title6a/chap8.pdf

The Law:
https://law.justia.com/codes/new-jersey/title-18a/section-18a-35-4-9/.

To learn more about Parent Notification Requirements:
https://www.state.nj.us/education/parents/

State of New Jersey Legislature Database:
https://www.njleg.state.nj.us/

New Jersey Student Learning Standards:
https://www.nj.gov/education/standards/

    • Understanding grade-level expectations

Understanding grade-level expectations

NJ Department of Education County Offices:
https://www.nj.gov/education/counties/

    • Local resources
    • District oversight
    • Regional assistance
KidLaw Resource Center