reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-59 - Effective date of withdrawal, dissolution; votes for adoption

18A:13-59. Effective date of withdrawal, dissolution; votes for adoption
9. If the question is adopted at said elections, the withdrawal of the district or the dissolution of the regional district shall become effective upon a date to be determined by the Commissioner of Education. For withdrawal from a regional district, the question shall be deemed adopted if it receives an affirmative vote of a majority of the votes cast within the withdrawing constituent district and it receives an affirmative vote of a majority of the overall votes cast in the entire regional district. For dissolution of a regional district, the question shall be deemed adopted if it receives an affirmative vote in a majority of the individual constituent districts and it receives an affirmative vote of a majority of the overall votes cast in the entire regional district.
L.1975,c.360,s.9; amended 1977,c.279,s.4; 1993,c.255,s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-60 - Continuance in office of board members until withdrawal, dissolution; reapportionment of vacancies

18A:13-60. Continuance in office of board members until withdrawal, dissolution; reapportionment of vacancies
10. The members of the board of education of the regional district shall continue in office until the withdrawal of the district or the dissolution of the regional district has become effective. When a withdrawal has taken effect, the terms of those members of the regional board who reside in the withdrawing district shall thereupon expire, and the vacancies so occurring shall be reapportioned among the remaining districts and filled by appointment by the county superintendent to serve until the next annual school election of the regional district, at which time their successors shall be elected in accordance with such reapportionment.
L.1975,c.360,s.10; amended 1993,c.255,s.9.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-61 - Taking title to and control of grounds, buildings and furnishings by districts; assumption of indebtedness.

18A:13-61 Taking title to and control of grounds, buildings and furnishings by districts; assumption of indebtedness.
11. The withdrawing district and the remaining districts, or each constituent district in the event of a dissolution, shall take title to and control of all school grounds and buildings, and the furnishings and equipment therein, other than those which had been rotated or shared among the regional schools, situated in their respective districts on the effective date of withdrawal or dissolution as established by the commissioner. The county superintendent shall allot a fair proportion of the shared or rotated furnishings and equipment to the withdrawing district or to each of the constituent districts in the event of a dissolution.
Upon the assumption of title, each board shall also assume such amount of the indebtedness of the original regional school district as shall have been determined by the commissioner. In the event of a withdrawal, the withdrawing district shall pay to the regional board of education, at least five days before it becomes due, the amount of the principal and interest of the assumed indebtedness; such principal and interest shall be paid by the regional board, together with such amount due on its assumed indebtedness, at and when it becomes due and payable. In the event of a dissolution, the county superintendent and commissioner, in determining the amount of indebtedness to be assumed by each constituent district, shall give due regard to the value of school buildings and grounds being conveyed to the constituent district in which those buildings and grounds are located.
L.1975, c.360, s.11; amended 1977, c.279, s.5; 1993, c.255, s.10; 2015, c.95, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-61.1 - Withdrawal from certain limited purpose regional school district

18A:13-61.1. Withdrawal from certain limited purpose regional school district
1. Notwithstanding the provisions of any law, rule or regulation to the contrary, a district which receives approval to withdraw from a limited purpose regional school district that has grades 7 through 12 and is located in a county of the second class with a population of at least 500,000, but not greater than 600,000, according to the 1990 federal decennial census shall pay to the regional district an amount which represents the equity interest of the withdrawing district in the buildings, furnishings and property to which the district will take title upon withdrawal , and that amount shall be used by the regional district only for the purposes for which bonds may be issued under N.J.S.18A:24-5. The withdrawing district may issue bonds for that amount, or any portion of that amount, pursuant to chapter 24 of Title 18A of the New Jersey Statutes ; provided however, that the total principal amount of any such debt issued shall not exceed $8,000,000.
The withdrawing district shall provide the Commissioner of the Department of Education with a detailed statement of the costs of issuance of any such bonds, within thirty days of the issuance thereof, with specific reference, where applicable, to itemized costs for the following services:
(1) bond counsel, tax counsel and special counsel;
(2) financial advisor;
(3) paying agent and registrar;
(4) rating agencies;
(5) official statement printing;
(6) bond printing;
(7) trustee;
(8) credit enhancement;
(9) liquidity facility; and
(10) miscellaneous issuance costs; and
calculation of underwriters' spread, broken down into the following components, and accompanied by a list of underwriters' spreads from recent comparable bond issues:
(1) management fees;
(2) underwriters' fees;
(3) selling concessions;
(4) underwriters' counsel; and
(5) other costs.
L.1994,c.96,s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-61.2 - "Equity interest" defined; calculation

18A:13-61.2. "Equity interest" defined; calculation
2. a. As used in section 1 of this act,"equity interest" means the excess in value between the assets to be acquired by the withdrawing district pursuant to section 3 of P.L.1975, c.360 (C.18A:13-53) and the proportionate contribution made by the withdrawing district to all regional assets, adjusted for replacement value.
b. The calculation required to establish the equity interest as defined in subsection a. of this section shall be the excess, if any, of the replacement cost of the buildings, grounds, furnishings, equipment, and additions thereto to which the withdrawing district shall take title upon withdrawal pursuant to section 3 of P.L.1975, c.360 (C.18A:13-53) over that amount obtained by multiplying the replacement cost of all the regional district's buildings, grounds, furnishings, equipment, and additions thereto by a ratio that reflects the proportionate contributions made by the withdrawing district to the payment of the cost of the regional district's assets. The proportionate contribution shall be determined by reference to the proportion of the revenues of the regional district contributed by the withdrawing district in each fiscal year of the life of all of the buildings, grounds, furnishings, equipment, and additions thereto of the regional district.
L.1994,c.96,s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-62 - Division of assets and liabilities in event of withdrawal, dissolution

18A:13-62. Division of assets and liabilities in event of withdrawal, dissolution
12. The county superintendent in a written report filed by him at the end of the school year preceding that in which the withdrawal or dissolution becomes effective shall make a division of the assets and liabilities between the withdrawing district and the regional district, or among the constituent districts in the event of a dissolution, in the same manner as provided in N.J.S.18A:8-24.
L.1975,c.360,s.12; amended 1993,c.255,s.11.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-63 - Dissolution of limited purpose regional school district; withdrawal of local districts; separate local school district

18A:13-63. Dissolution of limited purpose regional school district; withdrawal of local districts; separate local school district
13. If in the event of a withdrawal from the regional district as a result of the foregoing procedures a limited purpose regional school district shall be left with only one constituent local school district, such regional school district shall be dissolved upon the effective date of the withdrawal of the other constituent school districts, and such remaining constituent municipality shall thenceforth be constituted a separate local school district and governed by the laws applicable thereto. If all of the local districts withdraw from the regional district, such regional district shall be dissolved upon the effective date of the last withdrawal, and its assets and liabilities shall devolve upon the respective withdrawing districts in accordance with the division made by the county superintendent as provided in section 12 hereof.
Upon the effective date of a dissolution of a regional district each constituent municipality shall thenceforth be constituted a separate local school district and be governed by the laws applicable thereto, and its assets and liabilities shall devolve upon the respective constituent districts in accordance with the division made by the county superintendent as provided in section 12 of P.L.1975, c.360 (C.18A:13-62).
L.1975,c.360,s.13; amended 1993,c.255,s.12.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-64 - Positions, rights and benefits of regional, constituent district employees continued

18A:13-64. Positions, rights and benefits of regional, constituent district employees continued
14. All employees of the regional district shall continue in their respective positions in the withdrawing district, or in each of the constituent districts in the event of a dissolution, and all of their rights of tenure, seniority, pension, leave of absence and other similar benefits shall be recognized and preserved and any periods of prior employment in the regional district shall count toward the acquisition of tenure to the same extent as if all such employment had been under the withdrawing district or in any of the constituent districts in the event of a dissolution. In the event of a withdrawal, any tenured employee in a school located in the withdrawing district who desires to remain in the employ of the regional district, and whose seniority under existing tenure laws so permits, may apply for and shall be granted a transfer to a position with the regional district for which he is certified which is vacant, held by a tenured employee with less seniority or by an employee without tenure; applications for such transfers shall be made within 45 days of the date of the special school election at which the withdrawal was approved.
L.1975,c.360,s.14; amended 1993,c.255,s.13.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-65 - Inapplicability of act to rights of bondholders

18A:13-65. Inapplicability of act to rights of bondholders
Nothing contained herein shall in any way affect the rights of holders of any bonds issued by any school district or municipality effected pursuant to this act.
L.1975, c. 360, s. 15, eff. March 3, 1976.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-66 - Investigation of advisability of withdrawal

18A:13-66. Investigation of advisability of withdrawal
The governing body of any municipality constituting a part of an all purpose regional district may, by resolution, apply to the county superintendent of schools to investigate the advisability of the withdrawal of the municipality from the all purpose regional district.
L.1989,c.90,s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-67 - Report on assets, operating expenses

18A:13-67. Report on assets, operating expenses
The county superintendent shall, within 60 days after the request, file with the governing bodies of the municipalities constituting the all purpose regional district and the board of education of the all purpose regional school district, a report containing a statement of the current assets and operating expenses of the all purpose regional district for the current year and any financial, educational and other information that he may deem necessary to enable the governing bodies and the regional board of education to form an intelligent judgment as to the advisability of the proposed withdrawal and its effect upon the educational and financial condition of the withdrawing municipality and the all purpose regional district and setting forth the amount of indebtedness, if any, to be assumed by the withdrawing municipality and the all purpose regional district, calculated as hereinafter provided.
L.1989,c.90,s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-68 - Amount indebtedness bears to replacement cost

18A:13-68. Amount indebtedness bears to replacement cost
The county superintendent shall calculate the amount of indebtedness to be assumed on the basis of the proportion which the replacement cost of the buildings, grounds, furnishings, equipment, and additions thereto of the all purpose regional district situated in the withdrawing municipality bears to the replacement cost of the buildings, grounds, furnishings, equipment and additions thereto situated in the entire all purpose regional district. The replacement cost shall be determined according to rules prescribed by the Commissioner of Education with the approval of the State board and in accordance with recognized accounting practices.
L.1989,c.90,s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-69 - Petition

18A:13-69. Petition
The governing body of the withdrawing municipality may, within 30 days after the filing of the report by the county superintendent, petition the commissioner for permission to submit to the legal voters of the withdrawing municipality and the remaining municipalities within the all purpose regional district the question whether or not it shall withdraw from the all purpose regional district, and in the petition the governing body may request any specific reduction or increase in the amount of indebtedness to be assumed as set forth in the county superintendent's report. Proof of the service of a copy of the petition upon the municipal governing body of each constituent municipality, the board of education of the all purpose regional district, and the county superintendent, prior to the filing of the petition, shall accompany the petition.
L.1989,c.90,s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-70 - Answer to petition

18A:13-70. Answer to petition
The governing body of any constituent municipality of the all purpose regional district and the board of education of the all purpose regional district shall, within 15 days after service of a copy of the petition upon it, file an answer to the petition with the commissioner and serve a copy of the answer upon the governing body of every other constituent municipality and upon the board of education of the all purpose regional district and the county superintendent. The answer shall set forth matters similar to those described in section 6 of this act.
L.1989,c.90,s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-71 - Review of petition; granting, denial.

18A:13-71 Review of petition; granting, denial.
6. The Commissioner of Education shall review the petition and answers for a determination as to whether or not the petition should be granted, and if so, the amount of indebtedness, if any, to be assumed by the withdrawing municipality and the all purpose regional district upon approval of the legal voters of the withdrawing municipality and the remaining constituent municipalities at a special school election. The commissioner shall consider the effect of the proposed withdrawal upon the educational and financial condition of the withdrawing municipality and the all purpose regional district and shall schedule and hold a public hearing on the petition upon the application of any interested party. In considering the effect of the proposed withdrawal upon the educational and financial condition of the withdrawing and remaining municipalities, the commissioner shall:
a. Consent to the granting of the application;
b. Oppose the granting of the application because, if it is granted:
(1) An excessive debt burden will be imposed upon the withdrawing municipality and regional district;
(2) An efficient school system cannot be maintained in the all purpose regional district or the withdrawing municipality without excessive costs;
(3) Insufficient pupils will be left in the all purpose regional district to maintain a properly graded school system; or
(4) Any other reason, which it may deem to be sufficient; or
c. Request that if the petition is granted, the amount of debt which the regional district would be required to assume, calculated as hereinbefore provided, be reduced for the reason that:
(1) The amount of indebtedness, together with all other indebtedness of the constituent municipalities of the all purpose regional district would be excessive;
(2) The amount of expenditure for debt service which would be required would be so great that sufficient funds would not be available for current expenses without excessive taxation; or
(3) The amount of indebtedness is inequitable in relation to the value of the property to be acquired by the all purpose regional district and would materially impair the credit of the constituent municipalities of the district, and the ability to pay punctually the principal and interest of their debt and so supply the essential educational facilities and public improvements and services that might reasonably be anticipated would be required of them.
The commissioner shall make findings and render a determination within 60 days of the receipt of the petition and answers.
L.1989, c.90, s.6; amended 2015, c.95, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-72 - Special school election

18A:13-72. Special school election
If the application is granted, the county superintendent shall, after conferring with the governing bodies of the constituent municipalities of the regional district, fix a day and a time for holding a special school election, at which time the question whether or not the withdrawing municipality shall withdraw from the all purpose regional district shall be submitted to the legal voters of the withdrawing municipality and to the legal voters within the remainder of the all purpose regional district.
L.1989,c.90,s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-73 - Amount, effect of indebtedness to be stated

18A:13-73. Amount, effect of indebtedness to be stated
The amount of indebtedness to be assumed by the withdrawing municipality and the effect of the indebtedness upon the borrowing margin of the municipality and the remaining municipalities within the all purpose regional district shall be stated in the notices and advertisements of the special school election and in the ballots to be used therein, and the election shall be conducted and the results of the election shall be determined in the manner prescribed by law for special school elections in type II districts. The result shall be certified within five days after the holding of the election to the county superintendent, the governing bodies of the withdrawing municipality and the constituent municipalities of the all purpose regional district, and the board of education of the all purpose regional district.
L.1989,c.90,s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-74 - Withdrawal of municipality

18A:13-74. Withdrawal of municipality
If the question is adopted at the special school election, the withdrawal of the municipality initiating the proceeding shall become effective and the municipality shall be constituted a separate district upon a date to be decided by the Commissioner of Education. The newly constituted district shall be classified as provided pursuant to chapter 9 of Title 18A of the New Jersey Statutes.
L.1989,c.90,s.9.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-75 - Board of education

18A:13-75. Board of education
The members of the board of education of the all purpose regional district shall continue in office until the withdrawal of the municipality becomes effective. When the withdrawal takes effect, the terms of those members of the regional board who reside in the withdrawing municipality shall expire, and the vacancies occurring shall be reapportioned among the remaining municipalities and filled by appointment by the county superintendent to serve until the next annual school election of the all purpose regional district, at which time their successors shall be elected in accordance with the reapportionment.
L.1989,c.90,s.10.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-76 - First board of education

18A:13-76. First board of education
The members of the regional board who reside in the withdrawing municipality shall be members of the first board of education of the new district. They shall continue to serve as members of the board of education of the new district until the expiration of the respective terms for which they were elected as members of the board of education of the all purpose regional district. The number of additional members of the first board of education required to complete full membership of the board shall be appointed by the county superintendent to serve until the next annual school election or, in the case of a type I district, until the next annual appointment period of the new district, at which time their successors shall be elected or appointed.
L.1989,c.90,s.11.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-77 - Title to school grounds, etc.; assumption of indebtedness.

18A:13-77 Title to school grounds, etc.; assumption of indebtedness.
12. The new district and the all purpose regional district shall take title to and control of all school grounds and buildings, and the furnishings and equipment therein, other than those which had been rotated or shared among the regional schools, situated in their respective districts on the effective date of withdrawal as established by the commissioner. The county superintendent shall allot a fair proportion of the shared or rotated furnishings and equipment to the new district.
Upon the assumption of title, each board shall also assume the amount of the indebtedness of the original all purpose regional district as determined by the commissioner. The new district shall pay to the regional board of education, at least five days before it becomes due, the amount of the principal and interest of the assumed indebtedness. The principal and interest shall be paid by the regional board, together with the amount due on its assumed indebtedness, as and when it becomes due and payable.
L.1989, c.90, s.12; amended 2015, c.95, s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-78 - Division of assets, liabilities

18A:13-78. Division of assets, liabilities
The county superintendent in a written report filed by him at the end of the school year preceding that in which the withdrawal becomes effective shall make a division of the assets and liabilities between the new district and the remaining district in the same manner as provided in N.J.S.18A:8-24.
L.1989,c.90,s.13.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-79 - Dissolution of all purpose regional district

18A:13-79. Dissolution of all purpose regional district
If as a result of the foregoing procedures an all purpose regional district is left with only one constituent municipality, the all purpose regional district shall be dissolved upon the effective date of the withdrawal of the other constituent municipalities, and the remaining constituent municipality shall thenceforth be constituted a separate local school district and governed by the laws applicable thereto. If all of the municipalities withdraw from the all purpose regional district, the all purpose regional district shall be dissolved upon the effective date of the last withdrawal, and its assets and liabilities shall devolve upon the respective withdrawing municipalities in accordance with the division made by the county superintendent as provided in section 13 of this act.
L.1989,c.90,s.14.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:13-80 - Employees continued; benefits preserved

18A:13-80. Employees continued; benefits preserved
All employees of the all purpose regional district shall continue in their respective positions in the new district and all of their rights of tenure, seniority, pension, leave of absence and other similar benefits shall be recognized and preserved and any periods of prior employment in the all purpose regional district shall count toward the acquisition of tenure to the same extent as if the employment had been under the new district. Any tenured employee in a school located in the new district who desires to remain in the employ of the all purpose regional district, and whose seniority under existing tenure laws so permits, may apply for and shall be granted a transfer to a position with the all purpose regional district for which he is certified which is vacant, held by a tenured employee with less seniority or by an employee without tenure. Applications for these transfers shall be made within 45 days of the date of the special school election at which the withdrawal was approved.
L.1989,c.90,s.15.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:15-1 - President and vice president; election or failure to elect

18A:15-1. President and vice president; election or failure to elect
At its first regular meeting each board shall organize by electing one of its members as president and another as vice president, who shall serve for one year and until their respective successors are elected and shall qualify, but if the board shall fail to hold said meeting or to elect said officers, as prescribed by this law, the county superintendent shall appoint from among the members of the board a president and vice president.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:15-2 - Removal of president or vice president; vacancies

18A:15-2. Removal of president or vice president; vacancies
A president or vice president of a board of education who shall refuse to perform a duty imposed upon him by this law may be removed by a majority vote of all of the members of the board, and in case the office of president or vice president shall become vacant the board shall, within 30 days thereafter fill the vacancy for the unexpired term. If the board shall fail to fill the vacancy within such time, the county superintendent shall fill the vacancy for the unexpired term.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-1 - Officers and employees in general

18A:16-1. Officers and employees in general
Each board of education, subject to the provisions of this title and of any other law, shall employ and may dismiss a secretary or a school business administrator to act as secretary and may employ and dismiss a superintendent of schools, a treasurer of school moneys, when and as provided by section 18A:13-14 or 18A:17-31, and such principals, teachers, janitors and other officers and employees, as it shall determine, and fix and alter their compensation and the length of their terms of employment.
L.1967, c.271; amended by L.1981, c. 174, s. 2, eff. June 19, 1981.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-1.1 - May appoint temporary officers and employees

18A:16-1.1. May appoint temporary officers and employees
In each district the board of education may designate some person to act in place of any officer or employee during the absence, disability or disqualification of any such officer or employee subject to the provisions of section 18A:17-13.
The act of any person so designated shall in all cases be legal and binding as if done and performed by the officer or employee for whom such designated person is acting but no person so acting shall acquire tenure in the office or employment in which he acts pursuant to this section when so acting.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-1.1a - Filling of vacancy, absent teaching position; time limit.

18A:16-1.1a Filling of vacancy, absent teaching position; time limit.
1. A vacant teaching position, or the position of a teacher who is absent for an extended time period, shall not be filled in any school year by one or more individuals holding a substitute credential issued by the State Board of Education pursuant to the provisions of N.J.S.18A:6-38 for a total amount of time exceeding 20 school days. The commissioner may grant an extension of up to an additional 20 school days upon written application from the school district demonstrating the district's inability to hire an appropriately certified teacher for the vacant position within the original 20-day time limit. During a public health emergency declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), a vacant or absent position may be filled by a holder of a substitute credential for up to 40 school days and for an additional 20 school days upon written application to the Commissioner of Education or the commissioner's designee, demonstrating the district's inability to hire an appropriately certified teacher within the 40-day time limit and that the individuals are periodically monitored and supported by the credential holder's supervisor.
L.2010, c.97, s.1; amended 2021, c.87, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-1.1b - Time limit for substitute teacher working in area authorized by credentials.

18A:16-1.1b Time limit for substitute teacher working in area authorized by credentials.
1. a. A vacant teaching position shall not be filled in any school year by one or more individuals employed as substitute teachers and holding a certificate of eligibility or a certificate of eligibility with advanced standing issued by the State Board of Examiners and working in an area authorized by their credentials for a total amount of time exceeding 60 school days. The executive county superintendent of schools may grant an extension upon written application from the school district demonstrating the district's inability to hire an appropriately certified teacher for the vacant position within the original 60-day time limit.
b. In the event that one individual employed pursuant to subsection a. of this section is employed in the same position for more than 60 days, he shall be compensated by the school district on a pro-rata basis consistent with the salary provided to a teacher with similar credentials in the employing district.
L.2010, c.100, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-1.1c - Filling of vacancy, absent teaching position.

18A:16-1.1c Filling of vacancy, absent teaching position.
2. A vacant teaching position, or the position of a teacher who is absent for an extended time period, shall not be filled in any school year by one or more individuals employed as substitute teachers and holding a certificate of eligibility or a certificate of eligibility with advanced standing issued by the State Board of Examiners and working in an area not authorized by their credentials for a total amount of time exceeding 20 school days. The executive county superintendent of schools may grant an extension of up to an additional 20 days upon written application from the school district demonstrating the district's inability to hire an appropriately certified teacher for the vacant position within the original 20-day time limit. During a public health emergency declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), a vacant or absent position may be filled by a holder of a certificate of eligibility or a certificate of eligibility with advanced standing and working in an area not authorized by their credentials for up to 40 school days and for an additional 20 school days upon written application to the Commissioner of Education or the commissioner's designee demonstrating the district's inability to hire an appropriately certified teacher within the 40-day time limit and that the individuals are periodically monitored and supported by the credential holder's supervisor.
L.2010, c.100, s.2; amended 2021, c.87, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-1.1d - Limit of time for substitute teacher holding standard instructional certificate.

18A:16-1.1d Limit of time for substitute teacher holding standard instructional certificate.
3. A vacant teaching position shall not be filled in any school year by one or more individuals employed as substitute teachers and holding a standard instructional certificate issued by the State Board of Examiners and working in an area not authorized by their credentials for a total amount of time exceeding 40 school days.
L.2010, c.100, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-1.2 - Delegation of powers of business manager in district having no business manager

18A:16-1.2. Delegation of powers of business manager in district having no business manager
Any board of a district, which has no business manager, may delegate, to any appropriate officer employed by the board, the powers vested in a business manager by section 18A:17-28 and those set forth in sections 18A:18-1, 18A:18-2, 18A:18-4.1, 18A:18-23 and 18A:18-24.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-1.4 - Removal from list.

18A:16-1.4 Removal from list.
2. Upon application to the State Board of Examiners, a person's name shall be removed from the list provided that his name has been on the list for at least three years.
L.1999,c.301,s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-2 - Physical examinations; drug testing; requirements

18A:16-2. Physical examinations; drug testing; requirements
18A:16-2. a. Every board of education may require its employees and shall require any candidate for employment who has received a conditional offer of employment to undergo a physical examination. The board may require individual psychiatric or physical examinations of any employee, whenever, in the judgment of the board, an employee shows evidence of deviation from normal, physical or mental health.
Any such examination may, if the board so requires, include laboratory tests or fluoroscopic or X-ray procedures for the obtaining of additional diagnostic data.
Nothing in this section shall be so construed as to affect screening for tuberculosis or fitness examinations for bus drivers as required pursuant to statute, rule or regulation.
b. A board of education may include testing for usage of controlled dangerous substances as they are defined in N.J.S.2C:35-2 as part of any physical examination which is required of a candidate for employment who has received a conditional offer of employment. Any testing shall be conducted by a physician or institution designated by the board of education and the costs shall be paid by the board.
The Department of Education, in consultation with the Department of Health, shall develop guidelines for school boards which elect to require the testing.
L.1967, c.271; amended 1996, c.35; 1996, c.100.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-3 - Character of examinations

18A:16-3. Character of examinations
Any such examination may be made by a physician or institution designated by the board, in which case the cost thereof and of all laboratory tests and fluoroscopic or X-ray procedures shall be borne by the board or, at the option of the employee, they may be made by a physician or institution of his own choosing, approved by the board, in which case said examination shall be made at the employee's expense.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-4 - Sick leave; dismissal

18A:16-4. Sick leave; dismissal
If the result of any such examination indicates mental abnormality or communicable disease, the employee shall be ineligible for further service until proof of recovery, satisfactory to the board, is furnished, but if the employee is under contract or has tenure, he may be granted sick leave with compensation as provided by law and shall, upon satisfactory recovery, be permitted to complete the term of his contract, if he is under contract, or be reemployed with the same tenure as he possessed at the time his services were discontinued, if he has tenure, unless his absence shall exceed a period of two years.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-5 - Records of examinations

18A:16-5. Records of examinations
All records and reports relating to any such examination shall be the property of the board and shall be filed with its medical inspector as confidential information but shall be open for inspection by officers of the state department of health and the local board of health.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-6 - Indemnity of officers and employees against action, proceeding; exceptions.

18A:16-6 Indemnity of officers and employees against action, proceeding; exceptions.
18A:16-6. Whenever any civil or administrative action or other legal proceeding has been or shall be brought against any person holding any office, position or employment under the jurisdiction of any board of education, including any student teacher or person assigned to other professional pre-teaching field experience, for any act or omission arising out of and in the course of the performance of the duties of such office, position, employment or student teaching or other assignment to professional field experience, the board shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom; provided that
a. no employee shall be entitled to be held harmless or have his defense costs defrayed in a disciplinary proceeding instituted against him by the board or when the employee is appealing an action taken by the board; and
b. indemnification for exemplary or punitive damages shall not be mandated and shall be governed by the standards and procedures set forth in N.J.S.59:10-4.
Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses.
L.1967, c.271; amended 1977, c.216; 2001, c.178, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-6.1 - Indemnity of officers and employees in certain criminal, quasi-criminal actions.

18A:16-6.1 Indemnity of officers and employees in certain criminal, quasi-criminal actions.
18A:16-6.1. Should any criminal or quasi-criminal action be instituted against any such person for any such act or omission and should such proceeding be dismissed or result in a final disposition in favor of such person, the board of education shall reimburse him for the cost of defending such proceeding, including reasonable counsel fees and expenses of the original hearing or trial and all appeals. No employee shall be entitled to be held harmless or have his defense costs defrayed as a result of a criminal or quasi-criminal complaint filed against the employee by or on behalf of the board of education.
Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses.
L.1967, c.271; amended 2001, c.178, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-7 - Salaries in first-class cities; payment

18A:16-7. Salaries in first-class cities; payment
The salaries of all persons, other than teachers and instructors, employed in any school district, which comprises a city of the first class, shall be paid as other city employees are paid.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-8 - Salary deductions for government bonds

18A:16-8. Salary deductions for government bonds
Salary deductions for government bonds. Whenever one or more of the persons employed by a board of education shall agree, in writing, to participate in any plan for the purchase of bonds of the United States government the board may, by a recorded roll call majority vote of its full membership direct the secretary of the board to deduct from the salaries of such employees as shall participate in such plan under such rules as may be established by the board specified amounts for the purchase of bonds and pay the total amount of such deductions directly or indirectly to the Federal Government for such bonds, and the making of any such deductions shall be construed as voluntary payments by the employee.
L.1967, c.271; amended by L.1979, c. 391, s. 12, eff. Feb. 6, 1980.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-9 - Responsibility of board

18A:16-9. Responsibility of board
No board of education shall be under any liability or responsibility in connection with any such plan except to show that the payments have been made for the purposes aforesaid and that any bonds purchased through such deductions are delivered to the respective employees.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-11 - Compensation of de facto officer or employee

18A:16-11. Compensation of de facto officer or employee
A person who holds de facto any office, position or employment in a school district and who performs the duties thereof shall be entitled to the emoluments and compensation appropriate thereto for the time the same is so held in fact and may recover therefor in any court of competent jurisdiction.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-12 - Definitions relative to group insurance.

18A:16-12 Definitions relative to group insurance.
1. As used in this act:
a. "Dependents" means an employee's spouse and the employee's unmarried children, including stepchildren, legally adopted children, and, at the option of the local board of education and the carrier, children placed by the Department of Children and Families with a resource family, under the age of 19 who live with the employee in a regular parent-child relationship, and may also include, at the option of the local board of education and the carrier, other unmarried children of the employee under the age of 23 who are dependent upon the employee for support and maintenance, but shall not include a spouse or child while serving in the military service. At the option of the local board of education, "dependent" may include an employee's domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3);
b. "Employees" may, at the option of the local board of education, include elected officials, but shall not include persons employed on a short-term, seasonal, intermittent or emergency basis, persons compensated on a fee basis, or persons whose compensation from the local board of education is limited to reimbursement of necessary expenses actually incurred in the discharge of their duties;
c. "Federal Medicare Program" means the coverage provided under Title XVIII of the Social Security Act as amended in 1965, or its successor plan or plans.
L.1979, c.391, s.1; amended 2004, c.130, s.41; 2005, c.334, s.1; 2006, c.47, s.92.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-13 - Entering into group life, hospitalization, health and accident insurance contracts

18A:16-13. Entering into group life, hospitalization, health and accident insurance contracts
2. Any local board of education may directly or indirectly through a trust fund or otherwise enter into contracts of group life, accidental death and dismemberment, hospitalization, medical, surgical, major medical expense, minimum premium insurance policy or health and accident insurance with any insurance company or companies authorized to do business in this State, or may contract with a nonprofit hospital service, medical service or health service corporation with respect to the benefits which they are authorized to provide respectively. Such contract or contracts shall provide any one or more of such coverages for the employees of the local board of education and may include their dependents. A local board of education may enter into a contract or contracts to provide drug prescription and other health care benefits, or enter into a contract or contracts to provide drug prescription and other health care benefits as may be required to implement a duly executed collective negotiations agreement, or as may be required to implement a determination by a local board of education to provide such benefit or benefits to employees not included in collective negotiations units. Nothing herein contained shall be deemed to authorize coverage of dependents of an employee under a group life insurance policy or to allow the issuance of a group life insurance policy under which the entire premium is to be derived from funds contributed by the insured employee.
For purposes of this section, "minimum premium insurance policy" means a group insurance policy issued by an insurer licensed to do business in this State under which the policyholder agrees to directly fund specified claims of insureds covered under the policy, in lieu of payment of a portion of the premium.
L.1979,c.391,s.2; amended 1995,c.74,s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:16-13.1 - Provision of group insurance, certain, by board of education for employees, dependents.

18A:16-13.1 Provision of group insurance, certain, by board of education for employees, dependents.
9. A board of education may provide contributory or non-contributory group health insurance or group term life insurance, or both, for employees or their dependents, or both, through self insurance, the purchase of commercial insurance or reinsurance or any combination thereof. The maximum risk to be retained for group term life insurance by a board of education on a self insured basis shall not exceed a face amount of $5,000 per covered employee or dependent or such greater amount as approved by the Commissioners of Banking and Insurance and Education. Notwithstanding any other provision of law to the contrary, the board shall be subject to the surcharge levied pursuant to section 3 of P.L.1993, c.8 (C.52:14-17.38c) for claims paid within the retained amount. For any claims paid in excess of the retained amount, the surcharge shall be paid by the entity insuring the excess amount.
L.2007, c.18, s.9.