Current through Register Vol. 56, No. 18, September 16, 2024
(a)
N.J.A.C.
6A:3-1.3, Filing and service of petition of
appeal, shall not apply in a case of tenure charges filed with the Commissioner
against an employee of a district board of education or of a school district
under full State intervention, except that the required notice of other pending
matters pursuant to
N.J.A.C.
6A:3-1.4(c) shall apply. In
place of the usual petition, the district board of education or the State
district superintendent shall file written charges, the statement of evidence,
and the required certificate of determination with the Commissioner, together
with the name of the attorney who it is anticipated for administrative purposes
will be representing the district board of education or State district
superintendent and proof of service upon the employee and the employee's
representative, if known. Such service shall be at the same time and in the
same manner as charges are filed with the Commissioner.
1. In accordance with
34:13A-24, fines and suspensions
imposed as minor discipline shall not constitute a reduction in compensation
pursuant to the provisions of
18A:6-10 where the negotiated
agreement between a district board of education and the majority representative
of the employees in the appropriate collective bargaining unit provides for
such discipline. In these cases, tenure charges shall not be filed to impose
minor discipline on a person serving under tenure.
(b) In all instances of the filing and
certification of tenure charges, except charges filed against a teacher,
principal, assistant principal, or vice principal for reasons of inefficiency
pursuant to N.J.S.A. 18A:6-17.3, the following procedures and timelines shall
be observed:
1. Charges shall be stated with
specificity as to the action or behavior underlying the charges and shall be
filed in writing with the secretary of the district board of education or with
the State district superintendent, accompanied by a supporting statement of
evidence, both of which shall be executed under oath by the person(s)
instituting such charges. Complete copies of all documents referenced in the
statement of evidence shall be attached as part of the statement.
2. Along with the required sworn statement of
evidence, charges shall be transmitted to the affected tenured employee and the
employee's representative, if known, within three working days of the date they
were filed with the secretary of the district board of education or the State
district superintendent. Proof of mailing or hand delivery shall constitute
proof of transmittal.
3. The
affected tenured employee shall have an opportunity to submit to the district
board of education or the State district superintendent a written statement of
position and a written statement of evidence, both of which shall be executed
under oath with respect thereto within 15 days of receipt of the tenure
charges.
4. Upon receipt of the
tenured employee's written statements of position and evidence under oath, or
upon expiration of the allotted 15-day time period, the district board of
education shall determine by a majority vote of its full membership, or the
State district superintendent shall determine, within 45 days whether there is
probable cause to credit the evidence in support of the charges and whether
such charges, if credited, are sufficient to warrant a dismissal or reduction
of salary.
5. The district board of
education or the State district superintendent shall provide, within three
working days of the determination pursuant to (b)4 above, written notification
of the determination to the employee against whom the charge has been made, in
person, or by certified mail to the last known address of the employee and the
employee's representative, if known.
6. If the district board of education or the
State district superintendent finds probable cause exists and the charges, if
credited, are sufficient to warrant a dismissal or reduction of salary, then
the district board of education or the State district superintendent shall
file, within 15 days of the determination pursuant to (b)4 above, written
charges with the Commissioner. The charges shall be stated with specificity as
to the action or behavior underlying the charges and shall be accompanied by
the statement of evidence and the required certificate of determination,
together with the name of the attorney who it is anticipated for administrative
purposes will be representing the district board of education or State district
superintendent and proof of service upon the employee and the employee's
representative, if known. Such service shall be at the same time and in the
same manner as the filing of charges with the Commissioner.
7. Pursuant to
18A:6-11, all deliberations and
actions of the district board of education with respect to such charges shall
take place at a closed meeting.
(c) If the tenure charges are charges of
inefficiency pursuant to N.J.S.A. 18A:6-17.3, except in the case of building
principals and vice principals in school districts under full State
intervention, where procedures are governed by the provisions at N.J.S.A.
18A:7A-45 and such rules as may be promulgated to implement it, the following
procedures and timelines shall be observed:
1.
When the conditions set forth at N.J.S.A. 18A:6-17.3.a(1) or (2) have been
satisfied, the superintendent shall promptly file with the secretary of the
district board of education a charge(s) of inefficiency.
2. The charge(s) of inefficiency and the
statement of evidence shall be transmitted to the affected tenured employee and
the employee's representative, if known, within three working days of the date
they were filed with the secretary of the district board of education or the
State district superintendent. Proof of mailing or hand delivery shall
constitute proof of transmittal.
3.
The affected tenured employee shall have an opportunity within 10 days of
receipt to submit to the district board of education or the State district
superintendent a written statement of position under oath demonstrating how the
school district failed to comply with the evaluation procedures.
4. Within 30 days of the filing pursuant to
(c)1 above, the district board of education or State district superintendent
shall forward a written charge and the statement of evidence to the
Commissioner, unless the district board of education or superintendent
determines the evaluation process has not been followed. Such determination
shall be made by a majority vote of the district board of education's full
membership or by the State district superintendent.
5. Upon receipt of the charge, the
Commissioner or the Commissioner's designee shall examine the charge. The
charge shall again be served upon the employee at the same time it is forwarded
to the Commissioner and proof of service shall be included with the filed
charges. The individual against whom the charge is filed shall have 10 days to
submit to the Commissioner a written response to the charge.
6. Within five days of the individual's
deadline to submit a written response to the charge, the Commissioner shall
appoint an arbitrator to hear the case and refer the case to the arbitrator,
unless the Commissioner determines the evaluation process has not been
followed.
7. Pursuant to
18A:6-11, all deliberations and
actions of the district board of education with respect to such charges shall
take place at a closed meeting.
(d) The provisions of this section shall not
apply to employees of charter schools, who are governed by the provisions at
N.J.A.C. 6A:11-6.
