Terms Used In New Jersey Statutes 18A:35-22.1

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commissioner: means the Commissioner of Education. See New Jersey Statutes 18A:1-1
  • County superintendent: means the County Superintendent of Schools. See New Jersey Statutes 18A:1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
2. A parent or guardian may remove a pupil who is enrolled in a bilingual education program at any time; except that during the first three years of a pupil’s participation in a bilingual education program, a parent or guardian may only remove the pupil at the end of each school year. If a parent or guardian wishes to remove the pupil prior to the end of each school year, the removal shall be approved by the county superintendent of schools. If the county superintendent determines that the pupil should remain in the bilingual education program until the end of the school year, the parent may appeal the county superintendent;s decision to the Commissioner of Education, or his designee, pursuant to the provisions of section 2 of P.L.1991, c.12 (C. 18A:35-19.2). The commissioner’s decision shall be rendered within 30 days of the filing of the appeal.

L.1995,c.327,s.2.