reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7 - Oaths of persons employed in teaching capacities

18A:6-7. Oaths of persons employed in teaching capacities
Every person who is a citizen of the United States, and who is employed as a professor, instructor, teacher or in any teaching capacity by or in any school, college, state college, university or other educational institution in this state which is supported in whole or in part by public funds, directly or through contract or otherwise with or on behalf of the state shall, before entering into the discharge of his duties, take and subscribe to the oath of allegiance and office prescribed in section 41:1-3 of the Revised Statutes, and any person who is a citizen or subject of any other country and who is so employed, shall, likewise, take and subscribe to an oath to support the constitution of the United States while so employed, a copy of which oath shall be filed with his said employer.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7a - Alleged child abuse, neglect by school employee; no use if unfounded.

18A:6-7a Alleged child abuse, neglect by school employee; no use if unfounded.
1. When a complaint made against a school employee alleging child abuse or neglect is investigated by the Department of Children and Families, the department shall notify the school district and the employee of its findings. Upon receipt of a finding by the department that such a complaint is unfounded, the school district shall remove any references to the complaint and investigation by the department from the employee's personnel records. A complaint made against a school employee that has been classified as unfounded by the department shall not be used against the employee for any purpose relating to employment, including but not limited to, discipline, salary, promotion, transfer, demotion, retention or continuance of employment, termination of employment or any right or privilege relating to employment.
L.1995, c.34, s.1; amended 2004, c.130, s.38; 2006, c.47, s.79.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.1b - Initial criminal history check for substitutes

18A:6-7.1b Initial criminal history check for substitutes
2. An individual employed by a board of education in any substitute capacity or position, who is rehired annually by that board, shall only be required to undergo a criminal history record check as required pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.) upon initial employment, provided the substitute continues in the employ of at least one of the districts at which the substitute was employed within one year of the approval of the criminal history record check.
L.1987,c.164,s.2; amended 1998, c.31, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.1c - Employment of applicant on emergent basis, conditions.

18A:6-7.1c Employment of applicant on emergent basis, conditions.
12. A board of education or contracted service provider may employ an applicant on an emergent basis for a period not to exceed three months, pending completion of a criminal history records check and, with respect to a bus driver applicant, a check for the driver's record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1), if the board or service provider demonstrates to the Commissioner of Education that special circumstances exist which justify the emergent employment. The board's or service provider's request to the commissioner shall include: (1) a description of the vacant position that needs to be filled; (2) a statement describing the board's or contract provider's good faith efforts to fill the position on a timely basis or a statement describing the unanticipated need for the applicant's employment; and (3) a sworn statement submitted by the applicant attesting that the applicant has not been convicted or does not have a charge pending for a crime or any other offense enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1) or a record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1).
In the event that the background check is not completed within three months, the board or contracted service provider may petition the commissioner for an extension of time, not to exceed two months, in order to retain the employee.
L.1998,c.31,s.12; amended 2003, c.66, s,1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.2 - Fingerprinting; reimbursement of unpaid volunteers.

18A:6-7.2 Fingerprinting; reimbursement of unpaid volunteers.
2. An applicant for employment or service in any of the positions covered by this act shall submit to the Commissioner of Education his or her name, address and fingerprints taken in accordance with procedures established by the commissioner. The Commissioner of Education is hereby authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. No criminal history record check shall be performed pursuant to this act unless the applicant shall have furnished his or her written consent to such a check. The applicant shall bear the cost for the criminal history record check, including all costs for administering and processing the check.
If a facility, center, school, or school system under the supervision of the Department of Education or board of education requires a criminal history record check for an unpaid volunteer, the facility, center, school, or school system under the supervision of the Department of Education or school board shall reimburse the applicant for the cost of the check. A facility, center, school, or school system under the supervision of the Department of Education or board of education may reimburse an applicant serving in a paid position for the cost of the check.
L.1986,c.116,s.2; amended 1998, c.31, s.7; 2002, c.119, s.4; 2007, c.82, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.2a - Authority of commissioner

18A:6-7.2a. Authority of commissioner
13. The Commissioner of Education is authorized to:
a. receive all criminal history data necessary to complete the criminal history records check as required pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.) and section 6 of P.L.1989, c.104 (C.18A:39-19.1), or as permitted pursuant to P.L.1989, c.229 (C.18A:6-4.13 et seq.);
b. receive all data in accordance with section 3 of P.L.1986, c.116 (C.18A:6-7.3), section 6 of P.L.1989, c.104 (C.18A:39-19.1) and section 3 of P.L.1989, c. 229 (C.18A:6-4.15) on charges pending against an employee or school bus driver who has previously undergone a criminal history records check; and
c. adjust the fees set by the Department of Education for the criminal history records checks.
L.1998, c.31, s.13; amended 2002, c.119, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.3 - Notice to applicant; notice of pending charges

18A:6-7.3. Notice to applicant; notice of pending charges
3. Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police, the Commissioner of Education shall notify the applicant, in writing, of the applicant's qualification or disqualification for employment or service under this act. If the applicant is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice to the applicant. The applicant shall have 14 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal history record information upholds the disqualification, the commissioner shall notify the employing board of education that the applicant has been disqualified from employment, and a copy of the written notice of disqualification for applicants who hold a certificate issued by the State Board of Examiners shall be forwarded to that board.
The commissioner is authorized to share all criminal history record information regarding teaching staff members with the State Board of Examiners. In addition, the commissioner is authorized to share criminal history record information of an applicant from the Federal Bureau of Investigation or the State Bureau of Identification with the appropriate court in order to obtain copies of the judgment of conviction and such other documents as the commissioner deems necessary to confirm the completeness and accuracy of the record.
Following qualification for employment pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against an employee. If the charge is for one of the crimes or offenses enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1), the commissioner shall notify the employing board of education or contractor, and the board or contractor shall take appropriate action. If the pending charge results in conviction, the employee shall not be eligible for continued employment.
L.1986,c.116,s.3; amended 1998, c.31, s.8; 2002, c.119, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.4 - Three-year limitation; exceptions.

18A:6-7.4 Three-year limitation; exceptions.
4. The Commissioner of Education may maintain the criminal record and application documents on a candidate for no longer than three years from the date of determination as to the candidate's qualification or disqualification for employment with an employer. The three-year retention limitation shall not apply to statistical data on crimes and any other offenses or an ongoing list of candidates who are qualified or disqualified. All documents submitted by a candidate and all criminal history record information shall be maintained by the commissioner in a confidential manner.
L.1986,c.116,s.4; amended 1987, c.164, s.3; 1998, c.31, s.9.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.5 - Fine for noncompliance

18A:6-7.5. Fine for noncompliance
Any employer who fails to comply with the provisions of this act shall be subject to a fine of not more than $500.00.
L. 1986, c. 116, s. 5, eff. Oct. 8, 1986.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.6 - Definitions relative to certain school employees.

18A:6-7.6 Definitions relative to certain school employees.
1. As used in this act:
"Child abuse" means any conduct that falls under the purview and reporting requirements of P.L.1971, c.437 (C.9:6-8.8 et seq.) and is directed toward or against a child or student, regardless of the age of the child or student.
"Sexual misconduct" means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent or erotic contact with a student.
L.2018, c.5, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.8 - Certain actions by applicant; penalties.

18A:6-7.8 Certain actions by applicant; penalties.
3. a. An applicant who willfully provides false information or willfully fails to disclose information required in subsection a. of section 2 of this act:
(1) shall be subject to discipline up to, and including, termination or denial of employment;
(2) may be deemed in violation of subsection a. of N.J.S.2C:28-3; and
(3) may be subject to a civil penalty of not more than $500 which shall be collected in proceedings in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. A school district, charter school, nonpublic school, or contracted service provider holding a contract with a school district, charter school, or nonpublic school shall include a notification of the penalties set forth in this section on all applications for employment for positions which involve regular contact with students.
L.2018, c.5, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.9 - Verification, disclosure of information.

18A:6-7.9 Verification, disclosure of information.
4. a. No later than 20 days after receiving a request for information under subsection b. of section 2 of this act, an employer that has or had an employment relationship within the last 20 years with the applicant shall disclose the information requested.
b. The prospective employer, in conducting the review of the employment history of an out-of-State applicant, shall make, and document with specificity, diligent efforts to:
(1) verify the information provided by the applicant pursuant to subsection a. of section 2 of this act; and
(2) obtain from any out-of-State employers listed by the applicant the information requested pursuant to subsection b. of section 2 of this act.
c. The failure of an employer to provide the information requested pursuant to subsection b. of section 2 of this act within the 20-day timeframe established under subsection a. of this section may be grounds for the automatic disqualification of an applicant from employment with a school district, charter school, nonpublic school, or contracted service provider. A school district, charter school, nonpublic school, or contracted service provider shall not be liable for any claims brought by an applicant who is not offered employment or whose employment is terminated:
(1) because of any information received by the school district, charter school, nonpublic school, or contracted service provider from an employer pursuant to section 2 of this act; or
(2) due to the inability of the school district, charter school, nonpublic school, or contracted service provider to conduct a full review of the applicant's employment history pursuant to subsection b. of section 2 of this act.
d. A school district, charter school, nonpublic school, or contracted service provider shall have the right to immediately terminate an individual's employment or rescind an offer of employment if:
(1) the applicant is offered employment or commences employment with the school district, charter school, nonpublic school, or contracted service provider following the effective date of this act; and
(2) information regarding the applicant's history of sexual misconduct or child abuse is subsequently discovered or obtained by the employer that the employer determines disqualifies the applicant or employee from employment with the school district, charter school, nonpublic school, or contracted service provider.
The termination of employment pursuant to this subsection shall not be subject to any grievance or appeals procedures or tenure proceedings pursuant to any collectively bargained or negotiated agreement or any law, rule, or regulation.
L.2018, c.5, s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.10 - Review, further inquiries.

18A:6-7.10 Review, further inquiries.
5. a. After reviewing the information disclosed under subsection b. of section 2 of this act and finding an affirmative response to any of the inquiries in paragraph (2) of subsection b. of section 2 of this act, the prospective employer, prior to determining to continue with the applicant's job application process, shall make further inquiries of the applicant's current or former employer to ascertain additional details regarding the matter disclosed.
b. A school district, charter school, nonpublic school, or contracted service provider may employ or contract with an applicant on a provisional basis for a period not to exceed 90 days pending review by the school district, charter school, nonpublic school, or contracted service provider of information received pursuant to section 2 of this act, provided that all of the following conditions are satisfied:
(1) the applicant has complied with subsection a. of section 2 of this act;
(2) the school district, charter school, nonpublic school, or contracted service provider has no knowledge or information pertaining to the applicant that the applicant is required to disclose pursuant to paragraph (3) of subsection a. of section 2 of this act; and
(3) the school district, charter school, nonpublic school, or contracted service provider determines that special or emergent circumstances exist that justify the temporary employment of the applicant.
L.2018, c.5, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.11 - Information not deemed public record; immunity.

18A:6-7.11 Information not deemed public record; immunity.
6. a. Information received by an employer under this act shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records.
b. An employer, school district, charter school, nonpublic school, school administrator, or contracted service provider that provides information or records about a current or former employee or applicant shall be immune from criminal and civil liability for the disclosure of the information, unless the information or records provided were knowingly false. The immunity shall be in addition to and not in limitation of any other immunity provided by law.
L.2018, c.5, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.12 - Prohibited actions relative to certain agreements, employment contracts.

18A:6-7.12 Prohibited actions relative to certain agreements, employment contracts.
7. a. On or after the effective date of this act, a school district, charter school, nonpublic school, or contracted service provider may not enter into a collectively bargained or negotiated agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:
(1) has the effect of suppressing or destroying information relating to an investigation related to a report of suspected child abuse or sexual misconduct by a current or former employee;
(2) affects the ability of the school district, charter school, nonpublic school, or contracted service provider to report suspected child abuse or sexual misconduct to the appropriate authorities; or
(3) requires the school district, charter school, nonpublic school,or contracted service provider to expunge information about allegations or finding of suspected child abuse or sexual misconduct from any documents maintained by the school district, charter school, nonpublic school, or contracted service provider, unless after investigation the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated.
b. Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into after the effective date of this act and that is contrary to this section shall be void and unenforceable.
L.2018, c.5, s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-7.13 - Public awareness campaign.

18A:6-7.13 Public awareness campaign.
8. a. The Department of Education shall establish a public awareness campaign to publicize the provisions of this act and to ensure applicants and employers are aware of their respective rights and responsibilities under this act. The department shall post on its website guidance documents and any other informational materials that may assist applicants and employers in the implementation of and compliance with this act.
b. The department shall develop forms for applicants and employers that may be used to comply with the requirements of subsections a. and b. of section 2 of this act, as well as any other forms necessary to carry out the provisions of this act.
L.2018, c.5, s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-8 - Interest of school officers, etc., in sale of textbooks or supplies; royalties

18A:6-8. Interest of school officers, etc., in sale of textbooks or supplies; royalties
No person officially connected with, or employed in, the public school system of this state or in any state educational institution shall be an agent for, or be in any way pecuniarily or beneficially interested in, or receive any compensation or reward of any kind for, the sale of any textbooks, school apparatus or supplies of any kind, for use in the school district or in the state educational institution with which he is connected or by which he is employed or within the state or part thereof over which his jurisdiction extends, upon penalty of removal from office or of revocation of his certificate to teach or to administer, direct or supervise the teaching, instruction or educational guidance of pupils in the public schools, but the prohibition of this section shall not prevent any person from receiving royalties upon the sale of any textbook of which he is the author.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-8.1 - Leave of certain employees to serve in legislature

18A:6-8.1. Leave of certain employees to serve in legislature
Any person employed by a public educational system or institution in a position which requires a certificate issued by the state board of examiners, or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with the state or on behalf of the state, who is a member of the senate or general assembly of the state of New Jersey, shall be entitled to time off from his duties as such employee, without loss of pay, during the periods of his attendance at regular or special sessions of the legislature and hearings or meetings of any legislative committee or commission.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-8.2 - Leave of certain employees to serve on board of chosen freeholders

18A:6-8.2. Leave of certain employees to serve on board of chosen freeholders
Any person employed by a public educational system or institution in a position which requires a certificate issued by the state board of examiners or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with the state or on behalf of the state, who is a member of the board of chosen freeholders of any county of this state shall be entitled to time off from his duties as such employee, without pay, during the periods of his attendance at regular or special meetings of the board and of any committee thereof and at such other times as he shall be engaged in performing the necessary functions and duties of his office as a member of the board.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-8.3 - Suspended employee or officer of board of education; compensation; exceptions

18A:6-8.3. Suspended employee or officer of board of education; compensation; exceptions
Any employee or officer of a board of education in this State who is suspended from his employment, office or position, other than by reason of indictment, pending any investigation, hearing or trial or any appeal therefrom, shall receive his full pay or salary during such period of suspension, except that in the event of charges against such employee or officer brought before the board of education or the Commissioner of Education pursuant to law, such suspension may be with or without pay or salary as provided in chapter 6 of which this section is a supplement.
L.1971, c. 435, s. 1, eff. Feb. 10, 1972.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-8.4 - Right to hold elective or appointive state, county or municipal office

18A:6-8.4. Right to hold elective or appointive state, county or municipal office
No person employed by a public educational system or institution in a position which requires a certificate issued by the State Board of Examiners, or employed in a professional educational capacity by a school, college, or university which is either tax-supported or operated under contract with the State or on behalf of the State shall be disqualified by reason of such employment from holding any elective or appointive State, county or municipal office excepting as member of the board or body by which he is employed.
L.1972, c. 151, s. 1, eff. Sept. 7, 1972.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-8.5 - Requirements for receipt of employee tuition assistance, additional compensation.

18A:6-8.5 Requirements for receipt of employee tuition assistance, additional compensation.
1. In order for a board of education to provide to an employee tuition assistance for coursework taken at an institution of higher education or additional compensation upon the acquisition of additional academic credits or completion of a degree program at an institution of higher education:
a. The institution shall be a duly authorized institution of higher education as defined in section 3 of P.L.1986, c.87 (C.18A:3-15.3);
b. The employee shall obtain approval from the superintendent of schools prior to enrollment in any course for which tuition assistance is sought. In the event that the superintendent denies the approval, the employee may appeal the denial to the board of education.
In the case of a superintendent, the approval shall be obtained from the board of education; and
c. The tuition assistance or additional compensation shall be provided only for a course or degree related to the employee's current or future job responsibilities.
L.2010, c.13, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-8.6 - Construction of act.

18A:6-8.6 Construction of act.
2. Nothing in this act shall be construed to limit the authority of a board of education to establish more stringent requirements for the provision of tuition assistance or additional compensation than the requirements set forth in section 1 of P.L.2010, c.13 (C.18A:6-8.5).
L.2010, c.13, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-9 - Controversies, disputes arising under school laws; jurisdiction.

18A:6-9 Controversies, disputes arising under school laws; jurisdiction.
18A:6-9. The commissioner shall have jurisdiction to hear and determine, without cost to the parties, all controversies and disputes arising under the school laws, excepting those governing higher education, or under the rules of the State board or of the commissioner. For the purposes of this Title, controversies and disputes concerning the conduct of school elections shall not be deemed to arise under the school laws.
Notwithstanding the provisions of this section to the contrary, an arbitrator shall hear and make a final determination on a controversy and dispute arising under subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes (C.18A:6-10 et seq.).
amended 1995, c.278, s.24; 2012, c.26, s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-9.1 - Commissioner's determinations considered final agency action; appeals; request for relief.

18A:6-9.1 Commissioner's determinations considered final agency action; appeals; request for relief.
1. a. Notwithstanding the provisions of any law or regulation to the contrary, on and after the effective date of this act determinations made by the Commissioner of Education in all controversies and disputes arising under the school laws shall be considered to be final agency action under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and appeal of that action shall be directly to the Appellate Division of the Superior Court.
b. For all cases pending before the State Board of Education on the effective date of this act for which the State board has not rendered a decision, the decision of the commissioner shall be deemed to be the final agency action under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Any appeal of the commissioner's decision to the Appellate Division of the Superior Court shall be filed within 45 days of the effective date of this act.
c. Any request for relief arising out of a State Board of Education decision rendered prior to the effective date of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall be considered and determined by the commissioner.
L.2008, c.36, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-9.2 - Authority of State BOE to consider appeal terminated.

18A:6-9.2 Authority of State BOE to consider appeal terminated.
4. Notwithstanding the provisions of any law or regulation to the contrary, on and after the effective date of this act the State Board of Education shall have no authority to consider an appeal from any commissioner determination.
L.2008, c.36, s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-10 - Dismissal and reduction in compensation of persons under tenure in public school system

18A:6-10. Dismissal and reduction in compensation of persons under tenure in public school system
No person shall be dismissed or reduced in compensation,
(a) if he is or shall be under tenure of office, position or employment during good behavior and efficiency in the public school system of the state, or
(b) if he is or shall be under tenure of office, position or employment during good behavior and efficiency as a supervisor, teacher or in any other teaching capacity in the Marie H. Katzenbach school for the deaf, or in any other educational institution conducted under the supervision of the commissioner;
except for inefficiency, incapacity, unbecoming conduct, or other just cause, and then only after a hearing held pursuant to this subarticle, by the commissioner, or a person appointed by him to act in his behalf, after a written charge or charges, of the cause or causes of complaint, shall have been preferred against such person, signed by the person or persons making the same, who may or may not be a member or members of a board of education, and filed and proceeded upon as in this subarticle provided.
Nothing in this section shall prevent the reduction of the number of any such persons holding such offices, positions or employments under the conditions and with the effect provided by law.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-11 - Written charges, statement of evidence; filing; statement of position by employee; certification of determination; notice.

18A:6-11 Written charges, statement of evidence; filing; statement of position by employee; certification of determination; notice.
18A:6-11. Any charge made against any employee of a board of education under tenure during good behavior and efficiency shall be filed with the secretary of the board in writing, and a written statement of evidence under oath to support such charge shall be presented to the board. The board of education shall forthwith provide such employee with a copy of the charge, a copy of the statement of the evidence and an opportunity to submit a written statement of position and a written statement of evidence under oath with respect thereto. After consideration of the charge, statement of position and statements of evidence presented to it, the board shall determine by majority vote of its full membership whether there is probable cause to credit the evidence in support of the charge and whether such charge, if credited, is sufficient to warrant a dismissal or reduction of salary. The board of education shall forthwith notify the employee against whom the charge has been made of its determination, personally or by certified mail directed to his last known address. In the event the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal or reduction of salary, then it shall forward such written charge to the commissioner for a hearing pursuant to N.J.S.18A:6-16, together with a certificate of such determination. The consideration and actions of the board as to any charge shall not take place at a public meeting.
amended 1975, c.304, s.1; 2012, c.26, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-13 - Dismissal of charge for failure of determination by board.

18A:6-13 Dismissal of charge for failure of determination by board.
18A:6-13. If the board does not make such a determination within 45 days after receipt of the written charge, the charge shall be deemed to be dismissed and no further proceeding or action shall be taken thereon.
amended 2012, c.26, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-14 - Suspension upon certification of charge; compensation; reinstatement.

18A:6-14 Suspension upon certification of charge; compensation; reinstatement.
18A:6-14. Upon certification of any charge to the commissioner, the board may suspend the person against whom such charge is made, with or without pay, but, if the determination of the charge by the arbitrator is not made within 120 calendar days after certification of the charges, excluding all delays which are granted at the request of such person, then the full salary (except for said 120 days) of such person shall be paid beginning on the one hundred twenty-first day until such determination is made. Should the charge be dismissed at any stage of the process, the person shall be reinstated immediately with full pay from the first day of such suspension. Should the charge be dismissed at any stage of the process and the suspension be continued during an appeal therefrom, then the full pay or salary of such person shall continue until the determination of the appeal. However, the board of education shall deduct from said full pay or salary any sums received by such employee or officers by way of pay or salary from any substituted employment assumed during such period of suspension. Should the charge be sustained on the original hearing or an appeal therefrom, and should such person appeal from the same, then the suspension may be continued unless and until such determination is reversed, in which event he shall be reinstated immediately with full pay as of the time of such suspension.
amended 1971, c.435, s.2; 2012, c.26, s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-16 - Proceedings before commissioner; written response; determination.

18A:6-16 Proceedings before commissioner; written response; determination.
18A:6-16. Upon receipt of such a charge and certification, or of a charge lawfully made to the commissioner, the commissioner or the person appointed to act in the commissioner's behalf in the proceedings shall examine the charges and certification. The individual against whom the charges are certified shall have 15 days to submit a written response to the charges to the commissioner. Upon a showing of good cause, the commissioner may grant an extension of time. The commissioner shall render a determination on the sufficiency of charges as set forth below within 10 days immediately following the period provided for a written response to the charges.
If, following receipt of the written response to the charges, the commissioner is of the opinion that they are not sufficient to warrant dismissal or reduction in salary of the person charged, he shall dismiss the same and notify said person accordingly. If, however, he shall determine that such charge is sufficient to warrant dismissal or reduction in salary of the person charged, he shall refer the case to an arbitrator pursuant to section 22 of P.L.2012, c.26 (C.18A:6-17.1) for further proceedings, except that when a motion for summary decision has been made prior to that time, the commissioner may retain the matter for purposes of deciding the motion.
amended 1998, c.42, s.2; 2012, c.26, s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-17 - Board of education a party; conduct of hearing

18A:6-17. Board of education a party; conduct of hearing
In such hearing the board of education shall be a party and the hearing shall be conducted in accordance with the rules and regulations, adopted by the commissioner and approved by the state board.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-17.2 - Considerations for arbitrator in rendering decision.

18A:6-17.2 Considerations for arbitrator in rendering decision.
23. a. In the event that the matter before the arbitrator pursuant to section 22 of this act is employee inefficiency pursuant to section 25 of this act, in rendering a decision the arbitrator shall only consider whether or not:
(1) the employee's evaluation failed to adhere substantially to the evaluation process, including, but not limited to providing a corrective action plan;
(2) there is a mistake of fact in the evaluation;
(3) the charges would not have been brought but for considerations of political affiliation, nepotism, union activity, discrimination as prohibited by State or federal law, or other conduct prohibited by State or federal law; or
(4) the district's actions were arbitrary and capricious.
b. In the event that the employee is able to demonstrate that any of the provisions of paragraphs (1) through (4) of subsection a. of this section are applicable, the arbitrator shall then determine if that fact materially affected the outcome of the evaluation. If the arbitrator determines that it did not materially affect the outcome of the evaluation, the arbitrator shall render a decision in favor of the board and the employee shall be dismissed.
c. The evaluator's determination as to the quality of an employee's classroom performance shall not be subject to an arbitrator's review.
d. The board of education shall have the ultimate burden of demonstrating to the arbitrator that the statutory criteria for tenure charges have been met.
e. The hearing shall be held before the arbitrator within 45 days of the assignment of the arbitrator to the case. The arbitrator shall render a written decision within 45 days of the start of the hearing.
L.2012, c.26, s.23.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-17.3 - Evaluation process, determination of charges.

18A:6-17.3 Evaluation process, determination of charges.
25. a. Notwithstanding the provisions of N.J.S.18A:6-11 or any other section of law to the contrary, in the case of a teacher, principal, assistant principal, and vice-principal:
(1) the superintendent shall promptly file with the secretary of the board of education a charge of inefficiency whenever the employee is rated ineffective or partially effective in an annual summative evaluation and the following year is rated ineffective in the annual summative evaluation;
(2) if the employee is rated partially effective in two consecutive annual summative evaluations or is rated ineffective in an annual summative evaluation and the following year is rated partially effective in the annual summative evaluation, the superintendent shall promptly file with the secretary of the board of education a charge of inefficiency, except that the superintendent upon a written finding of exceptional circumstances may defer the filing of tenure charges until after the next annual summative evaluation. If the employee is not rated effective or highly effective on this annual summative evaluation, the superintendent shall promptly file a charge of inefficiency.
b. Within 30 days of the filing, the board of education shall forward a written charge to the commissioner, unless the board determines that the evaluation process has not been followed.
c. Notwithstanding the provisions of N.J.S.18A:6-16 or any other section of law to the contrary, upon receipt of a charge pursuant to subsection a. of this section, the commissioner shall examine the charge. The individual against whom the charges are filed shall have 10 days to submit a written response to the charges to the commissioner. The commissioner shall, within five days immediately following the period provided for a written response to the charges, refer the case to an arbitrator and appoint an arbitrator to hear the case, unless he determines that the evaluation process has not been followed.
d. The only evaluations which may be used for purposes of this section are those evaluations conducted in accordance with a rubric adopted by the board and approved by the commissioner pursuant to P.L.2012, c.26 (C.18A:6-117 et al.).
L.2012, c.26, s.25.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-17.5 - Determination of certain tenure charge.

18A:6-17.5 Determination of certain tenure charge.
18. Any tenure charge transmitted to the Office of Administrative Law pursuant to N.J.S.18A:6-16 prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) shall be determined in accordance with the provisions of subarticle B of Article 2 of chapter 6 of Title 18A of the New Jersey Statutes, N.J.S.18A:6-10 et seq., as the same read prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.).
L.2012, c.26, s.18.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-18 - Dismissal, reduction and compensation of persons under tenure in schools and institutions of higher education

18A:6-18. Dismissal, reduction and compensation of persons under tenure in schools and institutions of higher education
18A:6-18. No professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher or other persons employed in a teaching capacity, in any State college, county college or industrial school who is under tenure during good behavior and efficiency shall be dismissed or subject to reduction of salary, except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause. Written charge of the cause or causes preferred against an individual shall be signed by the person or persons making the same and filed with the board of trustees of said college or school. Upon determination that the matter is a contested case, the board shall assign the matter for hearing and initial decision to the Office of Administrative Law. A final decision shall be rendered by the full board of trustees. The person charged may be represented by counsel at all times and have compulsory process to compel the attendance of witnesses to testify therein, as provided by law. Contested case hearings shall be conducted under rules and regulations established pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and P.L.1978, c.67 (C.52:14F-1 et seq.).
L.1967, c.271; amended 1981,c.181,s.1; 1994,c.48,s.48.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-18.1 - Charge against suspended person not determined within 180 days; payment of salary

18A:6-18.1. Charge against suspended person not determined within 180 days; payment of salary
If any tenured professor, associate professor, assistant professor, instructor, supervisor, registrar, teacher or other person employed in a teaching capacity or any other tenured officer or employee in any State college, county college or industrial school or any other officer of employee of the college or school who is subject to dismissal only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes, is suspended pending the determination of any charge against him, other than for an indictment under the laws of the United States or the State of New Jersey, and should the determination of the charge not be made within 180 days after it is filed with the board of trustees of said college or school, excluding all delays which are granted at the request of such person, the full salary (except for said 180 days) of such person shall be paid beginning on the 181st day until a determination by the board of trustees is made. If the charge is dismissed, the person shall be reinstated immediately with full pay from the first day of the suspension. If the charge is dismissed and the suspension is continued during an appeal therefrom, then the person's full pay or salary shall continue until the determination of the appeal. However, the board of trustees shall deduct from the full pay or salary any sums received by way of pay or salary from any substituted employment assumed during the period of suspension. If the charge is sustained on the original hearing or an appeal therefrom, and the determination is appealed, then the salary suspension may be continued, reinstituted or instituted unless and until the determination is reversed, in which event the suspended person shall be reinstated immediately with full pay as of the time of suspension. If the charges are sustained, the employer may recover any salary which was paid to the employee during the period of suspension.
L.1983, c. 347, s. 1, eff. Sept. 22, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-19 - Administering of oaths

18A:6-19. Administering of oaths
18A:6-19. Any member of any board of education, governing board or of any other board or any person, lawfully authorized to hold a hearing, may administer oaths to witnesses in such hearing, in any dispute or controversy under the school laws or the rules of the commissioner or of the State board, of which they or he have jurisdiction.
Any person who has been so sworn and who shall testify falsely at such hearing shall be guilty of a misdemeanor.
L.1967, c.271; amended 1994,c.48,s.49.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-20 - Right to testify; counsel; witnesses; compulsory process

18A:6-20. Right to testify; counsel; witnesses; compulsory process
18A:6-20. Any party to any dispute or controversy or charged therein, may be represented by counsel at any hearing held in or concerning the same and shall have the right to testify, and produce witnesses to testify on his behalf and to cross-examine witnesses produced against him, and to have compulsory process by subpoena to compel the attendance of witnesses to testify and to produce books and documents in such hearing when issued by (a) the president of the board of education, if the hearing is to be held before such board, or (b) the commissioner, if the hearing is to be held before him or on his behalf, or (c) the president and secretary of the State board, if the hearing is to be held before such board or before one of its committees, or (d) the chairman of the board of trustees of the State or county college or industrial school, if the hearing is to be held before such board.
The subpoena shall be served in the same manner as subpoenas issued out of the Superior Court are served.
L.1967, c.271; amended 1994,c.48,s.50.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-21 - Proceedings against recalcitrant witnesses

18A:6-21. Proceedings against recalcitrant witnesses
18A:6-21. If a person subpoenaed to attend at any such hearing fails to obey the command of the subpoena, without reasonable cause, or if a person in attendance at any such hearing refuses without lawful cause to be examined or to answer a legal or pertinent question, or to exhibit any book, or other document, when ordered to do so by the officer holding such hearing, they or he may apply to any judge of the Superior Court, upon proof by affidavit of the facts, for an order returnable in such time as such judge shall fix, directing such person to show cause before such judge why he should not comply with such subpoena.
L.1967, c.271; amended 1991,c.91,s.233.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:6-22 - Order to testify, etc.

18A:6-22. Order to testify, etc.
Upon return of the order, the judge shall examine the person under oath and if he shall determine, after giving such person an opportunity to be heard, that he refused without legal cause to comply with such subpoena, he may order such person to comply therewith forthwith, and any failure to obey such order may be punished as a contempt of the court.
L.1967, c.271.