reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 2 - COMMISSIONER › Subchapter 2 - ORGANIZATION OF THE DEPARTMENT › Section 6A:2-2.2 - Personnel: methods of operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner shall appoint, subject to the approval of the State Board, the
				assistant commissioners of the Department, the chief officers reporting
				directly to the assistant commissioners, the superintendent of the Katzenbach
				School for the Deaf, the director of compliance investigation, and the managers
				of those offices that coordinate board meetings, and hear and determine
				controversies and disputes.
(b) The
				Commissioner shall recommend for appointment by the State Board the State
				District Superintendent for each State operated school district.
(c) All other personnel appointments shall be
				made by the Commissioner subject to the notification procedure in (d)
				below.
(d) The Commissioner shall
				regularly report to the State Board as to all appointments and removals
				including resignations, transfers, and vacancies. The Commissioner shall also
				report to the State Board as to any acting appointments that he or she has made
				for the positions specified in (a) above. In the event an acting appointment to
				one of the positions specified in (a) above continues for more than 60 days,
				the Commissioner shall report to the State Board on the progress toward filling
				that position on a permanent basis.
(e) In cases where the Commissioner's
				personnel actions affect the organizational chart or the fulfillment of
				regulatory requirements, the Commissioner shall advise the State Board of such
				implications and of actions required for resolution.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 2 - COMMISSIONER › Subchapter 2 - ORGANIZATION OF THE DEPARTMENT › Section 6A:2-2.3 - Basic composition of the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department of Education consists of a State Board of Education, the
				Commissioner of Education and such divisions, offices, bureaus, branches,
				committees, other organizational units and officers and employees as allowed by
				law and as necessary to carry out the Department's statutory
				mandates.
(b) The basic
				organizational design of the Department is indicated in the Organizational
				Chart (see Appendix to this subchapter) with the executive functions as
				follows:
1. Pursuant to
				18A:4-9 and
				18A:4-22, the Commissioner of
				Education is:
i. Secretary of the State Board
				of Education;
ii. The chief
				executive and administrative officer of the Department of Education, having
				general charge and supervision of the work of the Department;
iii. The official agent of the State Board
				for all purposes; and
iv. The
				budget request officer and approval officer of the Department.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 2 - COMMISSIONER › Subchapter 2 - ORGANIZATION OF THE DEPARTMENT › Section 6A:2-2.5 - Public information requests

Current through Register Vol. 56, No. 14, July 15, 2024
Members of the public may obtain general information from the
				  Department of Education by writing to or telephoning the Department of
				  Education, PO Box 500, Trenton, NJ 08625-0500, (609) 376-9072
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter sets forth the rules of
				procedure for the filing of petitions with the Commissioner of Education to
				hear and decide controversies and disputes arising under school laws in
				accordance with
				N.J.S.A.
				18A:6-9.
(b) This chapter also establishes special
				rules of procedure for specific types of controversies in accordance with the
				requirements of the following statutes:
1.
				The filing of tenure charges pursuant to
				N.J.S.A.
				18A:6-10 through 17.5;
2. Termination of sending-receiving
				relationships pursuant to
				18A:38-13;
3. Appeals from decisions of the New Jersey
				State Interscholastic Athletic Association pursuant to
				18A:11-3;
4. Denials of entitlement to attend school
				pursuant to
				18A:38-1;
5. Review of penalties recommended by the
				School Ethics Commission pursuant to
				18A:12-29; and
6. Hearings prior to suspension or revocation
				of school bus driver endorsements pursuant to
				N.J.S.A. 18A:39-26 et
				seq.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.3 - Filing and service of petition of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To initiate
				a contested case for the Commissioner's determination of a controversy or
				dispute arising pursuant to the school laws, a petitioner shall prepare a
				petition of appeal conforming to the requirements at
				N.J.A.C.
				6A:3-1.4 and serve such petition upon each
				respondent, together with any supporting papers the petitioner may include with
				the petition. The petitioner then shall file proof of service on each
				respondent, the telephone numbers and email addresses, where available, of the
				petitioner and each respondent, and the petition and supporting materials, if
				any, by emailing the documents to the email address designated by the Office of
				Controversies and Disputes or mailing the documents to the Commissioner c/o the
				Director, Office of Controversies and Disputes, New Jersey Department of
				Education, 100 River View Plaza, PO Box 500, Trenton, New Jersey 08625-0500. In
				no case shall a petitioner submit materials to the Commissioner that have not
				been served upon each respondent.
1. Any
				petition filed jointly by three or more petitioners, where the petitioners are
pro se
, shall designate one petitioner as a representative of
				the group for purposes of receipt of service for answer(s), initial
				correspondence, pretransmittal notices, and other communications prior to the
				agency's determination that the matter is a contested case. Petitioners acting
				as a groupshall comply with applicable rules of the OAL regarding
				representation in subsequent proceedings.
2. A petition on behalf of a minor shall be
				filed by the parent or legal guardian of the minor. Once such a petition is
				filed, the matter shall be subsequently identified by the initials of
				petitioner(s) and the child(ren).
3. A petitioner shall notify the Office of
				Controversies and Disputes of any change in address, telephone number, or email
				address prior to transmittal of a matter to the OAL.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.4 - Format of petition of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition
				shall include the name, address, telephone number, and, if available, email
				address of each petitioner; the name, address, telephone number, and, if
				available, email address of each party respondent; a statement of the specific
				allegation(s) and essential facts supporting the specific allegation(s) that
				have given rise to a dispute pursuant to the school laws; the relief petitioner
				is seeking; and a statement of verification or certification in lieu of
				affidavit for each petitioner. The petition should also cite, if known to
				petitioner, the section(s) of the school laws under which the controversy has
				arisen. A petition should be presented in substantially the following form:
(NAME OF PETITIONER(S)),
: BEFORE THE COMMISSIONER
PETITIONER(S),
: OF EDUCATION OF NEW JERSEY
V.
(NAME OF RESPONDENT(S)),
: PETITION
RESPONDENT(S).
:
Petitioner, _________________, residing at _________________,
				  whose telephone number is __________________, and email address is
				  _________________, hereby requests the Commissioner of Education to consider a
				  controversy that has arisen between petitioner and respondent whose address is
				  _______, pursuant to the authority of the Commissioner to hear and determine
				  controversies pursuant to the school law (N.J.S.A.
				  18A:6-9), by reason of the following
				  facts:
1. (Here set forth in as many
				itemized paragraphs as are necessary the specific allegation(s), and the facts
				supporting them, that constitute the basis of the controversy.)
WHEREFORE, petitioner requests that (here set forth the
				  relief desired).
________________________________________________
Signature of petitioner or representative
Date
				  __________________________________________________
(Name of petitioner), of full age, being duly sworn upon an
				  oath according to law deposes and says:
1. I am the petitioner in the foregoing
				matter.
2. I have read the petition
				and aver that the facts contained therein are true to the best of my knowledge
				and belief.
________________________________________________
Signature of petitioner
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.5 - Filing and service of answer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				respondent(s) shall serve an answer upon the petitioner within 20 days after
				receipt of the petition, unless a shorter period is required by statute,
				regulation, or court order, or directed by the Commissioner due to the emergent
				nature of a matter. The answer shall state in short and plain terms the
				defenses to each claim asserted and shall admit or deny the allegation(s) of
				the petition.
1. A respondent shall notify the
				Office of Controversies and Disputes of any change in address, telephone
				number, or email address prior to transmittal of a matter to the OAL.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.6 - Emergent relief or stay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the
				subject matter of the controversy is a particular course of action by a
				district board of education or any other party subject to the jurisdiction of
				the Commissioner, the petitioner may include with the petition of appeal, a
				separate motion for emergent relief or a stay of that action pending the
				Commissioner's final decision in the contested case.
(b) A motion for a stay or emergent relief
				shall be accompanied by a letter memorandum or brief, which shall address the
				following standards to be met for granting such relief pursuant to
Crowe v. DeGioia
, 90
N.J.
126 (1982):
1. The petitioner will suffer irreparable
				harm if the requested relief is not granted;
2. The legal right underlying petitioner's
				claim is settled;
3. The petitioner
				has a likelihood of prevailing on the merits of the underlying claim;
				and
4. When the equities and
				interests of the parties are balanced, the petitioner will suffer greater harm
				than the respondent will suffer if the requested relief is not
				granted.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.7 - Amendment of petition and answer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to
				the transmittal of any matter to the OAL, the Commissioner may order the
				amendment of any petition or answer, or any petitioner may amend the petition,
				and any respondent may amend the answer; provided, however, that once an answer
				or other responsive pleading is filed, an amendment to a petition may be made
				only with the consent of each adverse party or by leave of the Commissioner
				upon written application.
(b)
				Following transmittal to the OAL, motions to amend a petition or answer shall
				be filed with and determined by the OAL in accordance with applicable rules of
				the OAL.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.8 - Permission to intervene or participate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to
				any transmittal to the OAL, requests for intervention or participation in a
				contested case shall be addressed to the Commissioner. Upon transmittal,
				requests shall be made to the OAL.
(b) Such requests, whether decided by the
				Commissioner or by the OAL, shall be reviewed in accordance with the standards
				set forth in applicable rules of the OAL.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.9 - Appearance and representation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				may appear pro se or may be represented by an attorney at law admitted and
				authorized to practice in this State or by such other person as set forth in
				applicable rules of the OAL.
(b)
				Once a matter has been deemed contested, a district board of education shall be
				represented by an attorney in accordance with applicable rules of the OAL.
				Certain corporations other than district boards of education may be represented
				by non-lawyer representatives in accordance with applicable rules of the
				OAL.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.10 - Dismissal or transfer of petition

Current through Register Vol. 56, No. 14, July 15, 2024
At any time prior to transmittal of the pleadings to the OAL,
				  in the Commissioner's discretion or upon motion to dismiss filed in lieu of
				  answer, the Commissioner may dismiss the petition on the grounds that the
				  petitioner has advanced no cause of action even if the petitioner's factual
				  allegations are accepted as true or for lack of jurisdiction, failure to
				  prosecute, or other good reason.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.11 - Hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the filing of the petition and answer(s) in a contested
				  case, where the Commissioner does not determine to dismiss the matter pursuant
				  to N.J.A.C. 6A:3-1.10, the
				  Commissioner may either retain the matter for hearing directly and
				  individually, designate an assistant commissioner to hear and decide the matter
				  pursuant to
				  N.J.S.A.
				  18A:4-33 and 34, or transmit the matter for
				  hearing before the OAL. All hearings, whether a matter is retained by the
				  Commissioner, delegated to an assistant commissioner, or transmitted to the
				  OAL, shall be conducted in accordance with the rules of the OAL. If the
				  Commissioner retains a matter for hearing directly or through a designee, the
				  matter may, in the
Commissioner or designee's discretion, be decided summarily
				  where the record so permits. This section does not apply to tenure matters
				  governed by P.L. 2012, c.
				  26.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.12 - Summary decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At any time
				concurrent with or subsequent to the filing of an answer, but prior to
				transmittal of a matter to the OAL, any party may apply to the Commissioner for
				summary decision by way of a motion with proof of service on each other party.
				The Commissioner may decide the motion directly or transmit it to the OAL for
				disposition.
(b) Applications for
				summary decision after a matter has been transmitted to the OAL shall be filed
				with the ALJ in accordance with applicable rules of the OAL.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.13 - Settlement or withdrawal of contested matter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to
				transmittal to the OAL, a petitioner may withdraw a petition at any time. Upon
				such withdrawal, the Commissioner shall discontinue all proceedings and notify
				all parties accordingly. Following transmittal to OAL, a petitioner may request
				withdrawal in accordance with applicable rules of the OAL.
(b) Prior to transmittal to the OAL, parties
				to a contested matter may notify the Commissioner of settlement at any time.
1. If settlement occurs prior to the filing
				of an answer, the matter shall be deemed withdrawn pursuant to (a)
				above.
2. If settlement occurs
				subsequent to the filing of an answer, the parties shall set forth the full
				settlement terms for review and approval by the Commissioner.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.14 - Written decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Final decisions of the Commissioner in
				matters transmitted to the OAL shall be in writing and shall set forth findings
				of fact, conclusions of law, and an appropriate order pursuant to applicable
				rules of the OAL.
(b) Any
				determination or decision of the Commissioner is appealable to the Appellate
				Division of the Superior Court as provided by law; however, any decision of the
				Commissioner shall be binding unless and until reversed on appeal or a stay is
				granted by the Commissioner or the court.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.15 - Motion for stay, reconsideration, or clarification of Commissioner's decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party may make a motion for stay of a
				Commissioner's decision pending a determination on appeal to the Appellate
				Division of the Superior Court. Such motion shall be made subsequent to, or
				concurrent with, the filing of a notice of appeal with the court, but within 45
				days of the filing of the Commissioner's decision.
1. A motion shall be filed with the
				Commissioner together with proof of service on each other party, accompanied by
				a copy of the notice of appeal and a letter memorandum or brief that addresses
				the standards to be met for granting such relief pursuant to
Crowe v.
				DeGioia
, 90
N.J.
126 (1982) as set forth at
				N.J.A.C.
				6A:3-1.6(b). The motion may
				be further briefed in accordance with the directives of the Commissioner, and
				shall be decided by the Commissioner based upon the above-referenced
				criteria.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.16 - Relaxing of rules

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall be considered general rules
				  of practice to govern, expedite, and effectuate the procedure before, and the
				  actions of the Commissioner in connection with, the determination of
				  controversies and disputes pursuant to the school laws. The Commissioner may
				  relax or dispend such rules that do not reflect a specific statutory
				  requirement or an underlying rule of the OAL in any case where a strict
				  adherence thereto may be deemed inappropriate or unnecessary or may result in
				  injustice.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.17 - Awarding of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner may award, pursuant to the criteria of this section, prejudgment
				and/or postjudgment interest in any circumstance in which a petitioner has
				sought such relief and has successfully established a claim to a monetary
				award.
1. Any petitioner seeking award of
				prejudgment interest shall so specify in the petition's request for relief and
				shall propose, before the Commissioner or the ALJ, whoever is hearing the case,
				an interest calculation consistent with (d) below.
2. Any party seeking postjudgment interest
				shall file a new petition in accordance with
				N.J.A.C.
				6A:3-1.3, addressing the criteria set forth
				at (c)2 below and proposing an interest calculation consistent with (d)
				below.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 2 - DECLARATORY RULINGS › Section 6A:3-2.1 - Petition for declaratory ruling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				52:14B-8, any interested person(s) may
				petition the Commissioner for a declaratory ruling with respect to rights,
				responsibilities, and status arising from any statute or rule within the
				jurisdiction of the Commissioner. The determination to entertain such petitions
				for declaratory ruling shall be within the sole discretion of the Commissioner.
				If such request is granted, the matter shall proceed in accordance with this
				chapter as they pertain to petitions. A declaratory ruling shall be binding
				upon the Commissioner and all parties to the proceedings on the specific
				statement of facts set forth therein.
1. A
				request for a declaratory ruling shall reflect adverse positions on the statute
				or rule in question by the parties in interest, may not seek consequential
				relief beyond a declaration as to the meaning of the statute or rule, and may
				not be based on underlying facts that are future, contingent, uncertain, or
				disputed.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 2 - DECLARATORY RULINGS › Section 6A:3-2.2 - Format of petition for declaratory ruling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The format
				of the petition for declaratory ruling follows:
: BEFORE THE COMMISSIONER OF : EDUCATION OF NEW JERSEY
				  CAPTION
:
: PETITION FOR DECLARATORY RULING
Petitioner, _______, residing at _________, whose telephone
				  number is ________________ and email address is _______________________, hereby
				  requests the Commissioner to render a declaratory ruling concerning the
				  application of (N.J.S.A. 18A:____, N.J.A.C. 6A: _______ ) to the controversy
				  which has arisen between petitioner and respondent who resides at ________ by
				  reason of:
1. (Here set forth in as
				many itemized paragraphs as are necessary the specific allegations, and the
				facts supporting them, that constitute the basis of the controversy.)
				WHEREFORE, petitioner respectfully prays that the Commissioner shall construe
				the provisions of _________ and determine and declare _________.
_______________________________
Signature of petitioner or representative
Date: _________________________
(Name of petitioner), of full age, being duly sworn upon an
				  oath according to law deposes and says:
1. I am the petitioner in the foregoing
				matter.
2. I have read the petition
				and aver that the facts contained therein are true to the best of my knowledge
				and belief.
_______________________________
Signature of petitioner
Sworn and subscribed to before me this
______ day of _________, ______
(month) (year)
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 2 - DECLARATORY RULINGS › Section 6A:3-2.3 - Dissemination of declaratory ruling

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner shall ensure the dissemination to district
				  boards of education of the result of any declaratory ruling through the
				  executive county superintendents.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 3 - ORDER TO SHOW CAUSE › Section 6A:3-3.1 - Commissioner's order to show cause

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, in the
				course of supervising the schools, and following investigation, the
				Commissioner becomes aware of violation(s) of the school laws in school
				districts that, if true, would entitle the Commissioner to impose a sanction on
				the Commissioner's own initiative, the Commissioner may accord the district
				board of education, or any other party subject to the Commissioner's
				jurisdiction, an opportunity to present its views preliminary to imposing such
				sanction by issuing an order directing such district board of education or
				party to show cause why such sanction should not be imposed. A statement of the
				factual details and investigative findings supporting the charge shall
				accompany the order. This procedure shall not be deemed to be in lieu of a
				contested case hearing, and the right to a contested case hearing is
				independent of, and in addition to, this step. An order to show cause shall be
				appropriate in the following circumstances, although it is not to be deemed
				limited thereto:
1. Ordering alteration or
				abandonment of a school building (18A:20-36);
2. Withholding State aid for unsuitable
				facilities (18A:33-2 and
				18A:7F-9);
3. Withholding salaries of:
i. An executive county superintendent
				(18A:7-4); or
ii. Any teaching staff member (18A:29-4) who neglects or refuses
				to perform any duty lawfully imposed upon such member until such time as the
				member complies;
4.
				Suspending teachers' certificates for wrongful cessation of duties
				(18A:26-10 and
				18A:28-8);
5. Withdrawing approval of a private
				vocational school, correspondence school, or online school, or the programs or
				staffing thereof (N.J.S.A. 34:15C-10.2.b);
6. Placing a school district under partial or
				full State intervention (N.J.S.A.
				18A:7A-14 or 15); and
7. Withholding or recovery of State aid due
				to unreasonable, ineffective, or inefficient expenditures (N.J.S.A. 18A:7F-9
				and N.J.A.C. 6A:23A-5.1).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 4 - PETITIONS UNDER TEACHERS' MINIMUM SALARY ACT › Section 6A:3-4.1 - Withholding salary increment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a district
				board of education acts to withhold a teaching staff member's salary increment
				based upon teaching performance pursuant to
				N.J.S.A.
				18A:29-14, the teaching staff member may file
				a petition of appeal according to the procedures set forth in this chapter.
1. Disputes involving the withholding of a
				teaching staff member's salary increment for predominately disciplinary reasons
				shall be subject to the grievance procedures established by law in accordance
				with N.J.S.A. 34:13A-26. Pursuant to
				N.J.S.A.
				34:13A-27, if there is a dispute as to the
				nature of a withholding, the Public Employment Relations Commission shall
				determine whether the basis for the withholding is predominately disciplinary
				or predominantly for reasons of teaching performance. If the basis is found to
				be predominantly for reasons of teaching performance, a petition of appeal may
				thereafter be filed within the time frame set forth at
				N.J.S.A.
				34:13A-27.d (see
				N.J.A.C.
				6A:3-1.3(i)2).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 5 - CHARGES UNDER TENURE EMPLOYEES' HEARING ACT › Section 6A:3-5.1 - Filing of written charges and certificate of determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									N.J.A.C.
				6A:3-1.3, Filing and service of petition of
				appeal, shall not apply in a case of tenure charges filed with the Commissioner
				against an employee of a district board of education or of a school district
				under full State intervention, except that the required notice of other pending
				matters pursuant to
				N.J.A.C.
				6A:3-1.4(c)  shall apply. In
				place of the usual petition, the district board of education or the State
				district superintendent shall file written charges, the statement of evidence,
				and the required certificate of determination with the Commissioner, together
				with the name of the attorney who it is anticipated for administrative purposes
				will be representing the district board of education or State district
				superintendent and proof of service upon the employee and the employee's
				representative, if known. Such service shall be at the same time and in the
				same manner as charges are filed with the Commissioner.
1. In accordance with
				34:13A-24, fines and suspensions
				imposed as minor discipline shall not constitute a reduction in compensation
				pursuant to the provisions of
				18A:6-10 where the negotiated
				agreement between a district board of education and the majority representative
				of the employees in the appropriate collective bargaining unit provides for
				such discipline. In these cases, tenure charges shall not be filed to impose
				minor discipline on a person serving under tenure.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 5 - CHARGES UNDER TENURE EMPLOYEES' HEARING ACT › Section 6A:3-5.2 - Format of certificate of determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The certificate of determination that accompanies the written charges shall
				contain a certification by the district board of education secretary or the
				State district superintendent of the following:
1. The district board of education or the
				State district superintendent has determined the charges and the evidence in
				support of the charges are sufficient, if true in fact, to warrant dismissal or
				a reduction in salary;
2. The date,
				place, and time of the meeting at which such determination was made and whether
				the employee was suspended and, if so, whether such suspension was with or
				without pay; and
3. The
				determination was made by a majority vote of the whole number of members of the
				district board of education, or by the State district superintendent in
				accordance with
				18A:7A-39.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 5 - CHARGES UNDER TENURE EMPLOYEES' HEARING ACT › Section 6A:3-5.3 - Filing and service of answer to written charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except
				as specified at
				N.J.A.C.
				6A:3-5.1(c)5, an individual
				against whom tenure charges are certified shall have 15 days from the date such
				charges are filed with the Commissioner to file a written response to the
				charges. Except as to time for filing, the answer shall conform to the
				requirements at
				N.J.A.C.
				6A:3-1.5(a) through (d).
1. Consistent with
				6A:3-1.5(g),
				nothing in this subsection precludes the filing of a motion to dismiss in lieu
				of an answer to the charges, provided the motion is filed within the time
				allotted for the filing of an answer. Briefing on the motions shall be in the
				manner and within the time fixed by the Commissioner, or by the arbitrator if
				the motion is to be briefed following transmittal to an arbitrator.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 5 - CHARGES UNDER TENURE EMPLOYEES' HEARING ACT › Section 6A:3-5.4 - Filing and certification of charges against tenured employees within the Departments of Human Services, Children and Families, Corrections, and Education, and within the Juvenile Justice Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				process for the filing and service of tenure charges against persons serving
				under tenure pursuant to
				N.J.S.A.
				18A:60-1 within the Departments of Human
				Services, Children and Families, Corrections, and Education, or within the
				Juvenile Justice Commission pursuant to
				N.J.S.A.
				52:17B-170, shall comport with the process at
				N.J.A.C.
				6A:3-5.1(b)  except as set
				forth in this section. The charges shall be filed with the Director of the
				Office of Employee Relations in the Department of Human Services or the
				Department of Children and Families, the Director of the Office of Educational
				Services in the Department of Corrections, or the Director of the Office of
				Education in the Juvenile Justice Commission, or with an individual within the
				Department of Education designated by the Commissioner, as appropriate. Any
				written statement of position submitted by the affected employee in response to
				said charges shall be filed with the individuals in the respective department
				in the manner and time frame prescribed at
				N.J.A.C.
				6A:3-5.1(b).
1. In accordance with
				N.J.S.A.
				34:13A-24, fines and suspensions imposed as
				minor discipline shall not constitute a reduction in compensation pursuant to
				the provisions at
				N.J.S.A.
				18A:6-10 if the negotiated agreement between
				an agency and the majority representative of the employees in the appropriate
				collective bargaining unit provides for such discipline. In these cases, tenure
				charges shall not be filed to impose minor discipline on a person serving under
				tenure pursuant to
				N.J.S.A.
				18A:60-1.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 5 - CHARGES UNDER TENURE EMPLOYEES' HEARING ACT › Section 6A:3-5.5 - Determination of sufficiency and transmittal for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except
				as specified at
				N.J.A.C.
				6A:3-5.1(c), within 10 days
				of receipt of the charged party's answer or expiration of the time for its
				filing, the Commissioner shall determine whether such charge(s) are sufficient,
				if true, to warrant dismissal or reduction in salary. If the charges are
				determined insufficient, they shall be dismissed and the parties shall be
				notified accordingly. If the charges are determined sufficient, the matter
				shall be transmitted immediately to an arbitrator for further proceedings,
				unless the Commissioner retains the matter pursuant to
				N.J.A.C.
				6A:3-1.12.
1. The Department shall issue a notice of
				transmittal to the parties on the same date as the matter is transmitted to an
				arbitrator.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 5 - CHARGES UNDER TENURE EMPLOYEES' HEARING ACT › Section 6A:3-5.6 - Withdrawal, settlement, or mooting of tenure charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once
				tenure charges are certified to the Commissioner, they may be withdrawn or
				settled only with approval. Any proposed withdrawal or settlement, whether
				submitted to the Commissioner or to the arbitrator, shall address the following
				standards established by the State Board of Education in the matter entitled
In re Cardonick
, State Board decision of April 6, 1983 (1990
School Law Decisions
(
S.L.D.
) 842, 846):
1. Accompaniment by documentation as to the
				nature of the charges;
2.
				Explication of the circumstances justifying settlement or withdrawal;
3. Consent of both the charged and charging
				parties;
4. Indication the charged
				party entered into the agreement with a full understanding of the charged
				party's rights;
5. A showing the
				agreement is in the public interest; and
6. If the charged party is a teaching staff
				member, a showing the teaching staff member has been advised of the
				Commissioner's duty to refer tenure determinations resulting in loss of
				position to the State Board of Examiners for possible suspension or revocation
				of certificate.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 5 - CHARGES UNDER TENURE EMPLOYEES' HEARING ACT › Section 6A:3-5.7 - Arbitrators' expenses

Current through Register Vol. 56, No. 14, July 15, 2024
Arbitrators' expenses shall be submitted, invoiced, and paid
				  in accordance with the September 6, 2019, New Jersey Department of the
				  Treasury, Office of Management and Budget Circular, incorporated herein by
				  reference, as amended and supplemented, setting forth the State's rules
				  regarding travel.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 6 - TERMINATION OR ALTERATION OF SENDING-RECEIVING RELATIONSHIP › Section 6A:3-6.1 - Application for termination or change in allocation or apportionment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for change of designation
				of a high school (termination or severance of relationship) or of allocation or
				apportionment of students pursuant to
				18A:38-13 shall be made by
				petition of appeal, accompanied by the required feasibility study, and shall
				proceed in accordance with the provisions of this chapter except as set forth
				below.
(b) Where an application for
				change is unanswered within the requisite filing period, or is answered by a
				filing(s) indicating that each respondent does not oppose the application, the
				Commissioner shall so notify the petitioning district board of education and
				each respondent district board of education. At the next public meeting of each
				district board of education following notice from the Commissioner, each
				district board of education shall announce that the record before the
				Commissioner shall remain open for a period of 20 days from the date of the
				announcement in order that interested persons or entities may submit written
				comments to the Commissioner. Such announcement shall indicate the manner in
				which, and the address to which, comments may be submitted to the Commissioner
				as set forth at
				N.J.A.C.
				6A:3-1.2 and 1.3, and shall further indicate
				the nature and purpose of such comments as set forth at (c) below.
1. Each district board of education shall
				submit to the Commissioner, within 10 days of the date of the announcement, a
				certification indicating the date the announcement was made and the content of
				the announcement.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 7 - APPEALS FROM DECISIONS OF THE NEW JERSEY STATE INTERSCHOLASTIC ATHLETIC ASSOCIATION (NJSIAA) › Section 6A:3-7.1 - Filing and service of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To initiate an
				appeal of a decision of the New Jersey State Interscholastic Athletic
				Association (NJSIAA) before the Commissioner, a petitioner shall prepare and
				serve a verified petition in the same form and manner as prescribed by this
				chapter, except as set forth below.
1. The
				petitioner shall include with the petition a copy of the final NJSIAA decision
				from which appeal is being taken.
2. The petitioner shall include with the
				petition the Record on Appeal obtained from the NJSIAA, including a Statement
				of Items comprising such record, or a certification attesting that such record
				and statement have been requested and will be provided to the Commissioner
				within 10 days, unless a different time frame is directed by the Commissioner.
i. The record on appeal shall consist of all
				relevant papers on file with the NJSIAA, including all exhibits considered by
				the involved NJSIAA committees and the stenographic transcript of any such
				committee hearings. Disputes about the content of the record shall be
				determined by the Commissioner prior to the establishing of a briefing schedule
				pursuant to
				6A:3-7.3.
3. The petitioner shall include a
				certification stating that the petitioner has exhausted the internal appeal
				procedures of the NJSIAA set forth in the NJSIAA constitution, bylaws, and
				rules and regulations as adopted by member schools pursuant to
				N.J.S.A.
				18A:11-3, and that the decision appealed from
				is a final determination of the NJSIAA.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 7 - APPEALS FROM DECISIONS OF THE NEW JERSEY STATE INTERSCHOLASTIC ATHLETIC ASSOCIATION (NJSIAA) › Section 6A:3-7.2 - Answer; record on appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10 days
				of its receipt of a verified petition, the NJSIAA and any other respondent
				shall file an answer to the petition in the same form and manner as prescribed
				at N.J.A.C. 6A:3-1.5.
(b) Any appeal from a decision of the NJSIAA
				shall be based exclusively on the record established in the internal
				proceedings before the NJSIAA, as specified in the Statement of Items
				Comprising the Record on Appeal or as determined by the Commissioner in the
				event of a dispute. Supplementation of the record shall not be permitted except
				as directed by the Commissioner.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 7 - APPEALS FROM DECISIONS OF THE NEW JERSEY STATE INTERSCHOLASTIC ATHLETIC ASSOCIATION (NJSIAA) › Section 6A:3-7.3 - Schedule of briefing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10 days
				from the filing of the respondent(s)' answers, the petitioner shall file a
				brief setting forth the argument for its petition, together with a proof of
				service upon the NJSIAA and any other respondent.
(b) The NJSIAA and any other respondent shall
				file briefs in opposition within 10 days of the receipt of the petitioner's
				brief, together with proof of service upon the petitioner(s).
(c) After the filing of briefs pursuant to
				(b) above, no further briefs shall be allowed except as directed by the
				Commissioner and the record of the matter shall be deemed closed.
(d) Nothing in this section shall preclude
				the Commissioner from adjusting the requirements at (a) and (b) above when the
				Commissioner's ability to render a timely decision would not be compromised by
				granting a party's request for additional time within which to make required
				submissions.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 7 - APPEALS FROM DECISIONS OF THE NEW JERSEY STATE INTERSCHOLASTIC ATHLETIC ASSOCIATION (NJSIAA) › Section 6A:3-7.4 - Applications for emergent relief

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a
				petitioner is seeking emergent relief, a petition shall be filed in accordance
				with N.J.A.C. 6A:3-7.1, except as set
				forth below, and shall be accompanied by a separate motion and brief meeting
				the requirements at
				N.J.A.C.
				6A:3-1.6.
1.
				The petitioner shall include with the petition the Record on Appeal obtained
				from the NJSIAA, including a Statement of Items comprising such record, or a
				certification attesting that such record and statement have been requested and
				will be provided to the Commissioner within three days, unless a shorter time
				frame is directed by the Commissioner due to a matter's extreme urgency or a
				longer time frame is agreed upon by the parties and the Commissioner.
2. Where the relief sought in the petition
				will become moot upon the Commissioner's decision on the motion for emergent
				relief, the petitioner's brief shall additionally address the merits of the
				petition so that the Commissioner's decision on the emergent application shall
				resolve the entire controversy without further proceedings.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 7 - APPEALS FROM DECISIONS OF THE NEW JERSEY STATE INTERSCHOLASTIC ATHLETIC ASSOCIATION (NJSIAA) › Section 6A:3-7.5 - Standard of review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining appeals from NJSIAA
				decisions, the Commissioner's scope of review shall be appellate in nature.
1. If the NJSIAA has granted a petitioner due
				process and its decision is supported by sufficient credible evidence in the
				record as a whole, the Commissioner shall not substitute their judgment for
				that of the NJSIAA, even if the Commissioner might judge otherwise in a de novo
				review.
2. The Commissioner shall
				not overturn NJSIAA's application of its own rules absent a demonstration by
				the petitioner that such rules were applied in an arbitrary, capricious, or
				unreasonable manner.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 7 - APPEALS FROM DECISIONS OF THE NEW JERSEY STATE INTERSCHOLASTIC ATHLETIC ASSOCIATION (NJSIAA) › Section 6A:3-7.6 - Commissioner's decision

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner shall issue a written decision, which shall
				  resolve the entire controversy before the Commissioner. The decision shall
				  constitute, pursuant to
				  N.J.S.A.
				  18A:11-3, the final decision of the State
				  administrative agency for purposes of appeal to the Appellate Division of the
				  Superior Court.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 8 - APPEALS FROM DISTRICT BOARD OF EDUCATION DETERMINATIONS OF ENTITLEMENT TO ATTEND SCHOOL BASED UPON DOMICILE OR RESIDENCY IN DISTRICT › Section 6A:3-8.1 - Exceptions to general appeal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Appeals of district board of education determinations with respect to
				entitlement to attend school pursuant to N.J.S.A. 18A:38-1 and N.J.A.C. 6A:22
				shall generally proceed in accordance with the provisions at N.J.A.C. 6A:3-1,
				except as set forth below.
1. Petitions in
				letter form shall be accepted from
pro se
petitioners,
				provided that such petitioners use the form provided by the Department or
				prepare a letter wherein they:
i. Identify
				themselves by name, address, telephone number, and, where available, email
				address;
ii. Identify the
				respondent district board of education;
iii. Clearly indicate that they are appealing
				from a determination of ineligibility to attend school in the school district
				based upon residency or domicile and provide the date on which such
				determination was made; and
iv.
				Include a signed attestation, which need not be notarized, that:
(1) Their claim of entitlement is based upon
				facts that are true to the best of their knowledge and belief; and
(2) They understand that they may be assessed
				tuition for the period of the child(ren)'s ineligible attendance and that such
				assessment may be recorded on the judgment docket of the court, if the
				Commissioner determines that the appeal has been abandoned or withdrawn and/or
				that the child(ren) are ineligible for a free education in the
				district.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 9 - REVIEW OF PENALTY RECOMMENDATIONS OF THE SCHOOL ETHICS COMMISSION › Section 6A:3-9.1 - Commissioner review of penalty recommendations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By
				operation of
				N.J.S.A.
				18A:12-29.c, the Commissioner shall review
				penalty recommendations of the School Ethics Commission (Commission). Such
				review shall be limited to the appropriateness of the penalty recommended by
				the Commission in light of its findings of fact and determinations of
				violation.
(b) Appeals of findings
				of violation by the Commission, or of interlocutory decisions of the
				Commission, shall be made to the Commissioner pursuant to the provisions at
				N.J.A.C. 6A:4. Pursuant to
				N.J.S.A.
				18A:12-29.b and
				N.J.A.C.
				6A:28-11.1, appeals of findings that probable
				cause does not exist to credit the allegations in a complaint, or of dismissals
				of complaints, shall be made directly to the Appellate Division of Superior
				Court.