9. a. A student may withdraw from a charter school at any time; however, a charter school, or any employee or representative thereof, shall not counsel or advise a student, or a student’s parent or guardian, to withdraw from the charter school. Nothing in this subsection shall be construed as prohibiting a charter school’s child study team from considering, with the full participation of a student’s parent or guardian, a program or placement option for a student with a disability that includes placement in another setting in accordance with the provisions of the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or regulations promulgated thereto.
b. Except as otherwise provided in section 1 of P.L.2016, c.45 (C.18A:37-2a), a student may be expelled from a charter school based on criteria determined by the board of trustees, which are consistent with the provisions of N.J.S.18A:37-2, and approved by the commissioner as part of the school's charter. Any expulsion shall be made upon the recommendation of the charter school principal in consultation with the student's teachers.