reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 10 - APPLICATIONS FOR ISSUANCE OF FACILITIES BONDS › Section 6A:3-10.1 - Application to issue bonds following defeated referenda

Current through Register Vol. 56, No. 14, July 15, 2024
Applications for an order of the Commissioner authorizing the
				  issuance of bonds without voter approval pursuant to
				  N.J.S.A.
				  18A:7G-12 may be made, and shall proceed, in
				  accordance with the provisions at
				  N.J.A.C.
				  6A:26-3.7(h).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 11 - REQUESTS FOR RECORDING OF JUDGMENT › Section 6A:3-11.1 - Recording of assessments on judgment docket of Superior Court

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Where the Commissioner has, in a final decision in a contested case, assessed a
				fixed amount of money against a non-prevailing party, the party(ies) to whom
				relief was awarded may request the Commissioner to issue an order notifying the
				Clerk of the Superior Court that the final order of assessment is subject to
				recording on the judgment docket of the court pursuant to
				2A:58-10.
(b) Requests to the Commissioner pursuant to
				(a) above shall be made by letter 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. Such letter shall
				indicate how much, if any, of the assessment has already been satisfied; and
				shall be accompanied by proof of service on each other party and a copy of the
				Commissioner's decision ordering the assessment.
1. Upon the Department's receipt of a
				conforming letter of request, the non-prevailing party shall be afforded an
				opportunity to provide reasons why the Commissioner should not seek recording
				of the judgment. Such reasons may not dispute the fact that monies are owed or
				the amount of such monies as reflected in the final order of assessment, but
				shall be limited to claims of error in the amount of judgment sought, for
				example, because payments have been made that the letter of request does not
				reflect.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 12 - HEARINGS PRIOR TO SUSPENSION OR REVOCATION OF SCHOOL BUS DRIVER ENDORSEMENT PURSUANT TO N.J.S.A. 18A:39-26 ET SEQ › Section 6A:3-12.1 - Request for hearing upon notice of impending suspension or revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a school bus driver has been notified
				by the Department's Office of Student Protection that a determination has been
				made that suspension or revocation, as the case may be, of the driver's school
				bus endorsement is warranted, pursuant to N.J.S.A. 18A:39-26 et seq., because a
				child was left on the school bus to which the driver was assigned
				notwithstanding the driver's obligation to conduct a visual inspection at the
				end of the transportation route to assure that no pupil is left on the bus, the
				driver may contest such determination through the filing of a petition of
				appeal according to the procedures set forth at N.J.A.C. 6A:3-1.
1. Such petition shall be filed within 10
				business days of the date of the Department's written notice to petitioner of
				such determination.
2. In addition
				to the service requirements at
				N.J.A.C.
				6A:3-1.3(a) and (j), such
				petition shall additionally be served on the Department c/o Manager, Office of
				Student Protection, New Jersey Department of Education, PO Box 500, Trenton,
				New Jersey 08625-0500.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 13 - HEARINGS PRIOR TO SUSPENSION OR REVOCATION OF SCHOOL BUS DRIVER ENDORSEMENT PURSUANT TO N.J.S.A. 18A:39-28 ET SEQ (RECODIFIED) › Section 6A:3-13.1 - Recodified

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 1 - GENERAL PROVISIONS › Section 6A:4-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter implements the provisions of
				  P.L.
				  2008, c. 36, which
				  removed the State Board of Education's authority to hear appeals of
				  determinations of the Commissioner of Education, the State Board of Examiners,
				  and the School Ethics Commission. The law instead provided that Commissioner
				  determinations shall be deemed final agency actions and that State Board of
				  Examiners and School Ethics Commission determinations shall be appealable to
				  the Commissioner. The chapter establishes standards and procedures for the
				  filing, briefing, and adjudication of appeals, and supersedes any rule with
				  which it may be inconsistent.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 1 - GENERAL PROVISIONS › Section 6A:4-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms shall have the following
				  meanings when used in this chapter, unless the context clearly indicates
				  otherwise:
"Day" means business day when the period specified is less
				  than seven days and calendar day when the period specified is seven days or
				  more.
"Department" means the New Jersey State Department of
				  Education.
"Filing" means receipt of a document, in either paper or
				  electronic form, by an appropriate officer of the Department. Filings may be
				  made by regular or electronic mail. Parties requesting return of a stamped copy
				  of any filing must include an extra copy of the document, together with a
				  self-addressed envelope stamped with sufficient postage for this
				  purpose.
"OAL" means the Office of Administrative Law established
				  pursuant to 52:14F-1 et seq.
"Pro se" means a person who acts on their own behalf without
				  an attorney or other nonlawyer representative as permitted at N.J.A.C. 1:1,
				  Uniform Administrative Procedure Rules.
"Representative" means an attorney or other person as
				  permitted by
N.J.A.C. 1:1
, Uniform Administrative Procedure
				  Rules, appearing on behalf of a party in proceedings governed by this
				  chapter.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 1 - GENERAL PROVISIONS › Section 6A:4-1.3 - Appeal of decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Final Commissioner decisions, including
				decisions in controversies and disputes arising under the school laws pursuant
				to
N.J.A.C. 6A:3
, shall be deemed final agency actions
				appealable as of right to the Appellate Division of the Superior Court.
				Interlocutory Commissioner decisions may be appealed to the Appellate Division
				of the Superior Court by leave granted pursuant to applicable Appellate
				Division rules.
(b) Appeals of
				decisions of the State Board of Examiners suspending or revoking certificates
				pursuant to
				N.J.A.C.
				6A:9B-4shall be made to the Commissioner in
				accordance with this chapter.
1. Appeals of
				decisions of the State Board of Examiners denying issuance of a certificate
				shall proceed as contested cases in accordance with
N.J.A.C.
				6A:3
.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.1 - Who may appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party aggrieved by a State Board of
				Examiners decision suspending or revoking a certificate, or by a School Ethics
				Commission decision finding a violation of the School Ethics Act, may appeal to
				the Commissioner in accordance with this chapter.
1. Any party aggrieved by a State Board of
				Examiners decision denying issuance of a certificate shall proceed in
				accordance with N.J.A.C. 6A:3.
2.
				Any party taking exception to the recommended sanction of the School Ethics
				Commission but not disputing the School Ethics Commission's finding of
				violation shall proceed in accordance with
				N.J.A.C.
				6A:28-9.11 and
				6A:3-9.1.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.2 - Time for appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals of final State Board of Examiners
				decisions shall be filed within 30 days of the filing date of the decision
				being appealed.
(b) Appeals of
				final School Ethics Commission decisions finding a violation of the School
				Ethics Act shall be filed within 30 days of the filing date of the decision
				being appealed.
1. If a School Ethics
				Commission's finding of violation is appealed, the Commissioner's review of the
				School Ethics Commission's recommended sanction pursuant to
				N.J.S.A.
				18A:12-29.c will be deferred and incorporated
				into the Commissioner's review on appeal.
i.
				If a notice of appeal has been filed, pursuant to
				N.J.A.C.
				6A:4-2.4, on or before the due date for
				exceptions to the School Ethics Commission's recommended sanction pursuant to
				N.J.A.C.
				6A:28-9.11(b) (13 days from
				the date the School Ethics Commission's decision is forwarded to the
				Commissioner), exceptions need not be filed by that date but may be
				incorporated into the appellant's briefs on appeal.
ii. If a notice of appeal has not been filed,
				pursuant to
				N.J.A.C.
				6A:4-2.4, on or before the due date for
				exceptions to the School Ethics Commission's recommended sanction pursuant to
				N.J.A.C.
				6A:28-9.11(b) (13 days from
				the date the School Ethics Commission's decision is forwarded to the
				Commissioner), exceptions shall be filed by that date to be considered by the
				Commissioner during the review of the sanction, pursuant to (b)1
				above.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.3 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State Board of Examiners or School
				Ethics Commission decision shall be deemed filed three days after the date of
				mailing to the parties.
(b) In
				computing any period of time fixed by this chapter, the day of the act or event
				from which the designated period begins to run is not to be included. The last
				day of the period computed is to be included, unless it is a Saturday, Sunday,
				or legal holiday, in which event the period runs until the end of the next day
				that is not a Saturday, Sunday, or legal holiday.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.4 - Notice of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appeal or cross appeal shall be made
				by serving a copy of the notice of appeal or cross appeal upon all other
				parties, providing a copy to the State Board of Examiners or School Ethics
				Commission, as appropriate, and emailing the appeal to the email address
				designated by the Office of Controversies and Disputes or mailing the appeal to
				the Commissioner c/o the Director, Office of Controversies and Disputes, New
				Jersey State Department of Education, 100 River View Plaza, P.O. Box 500,
				Trenton, New Jersey 08625-0500, Attention: Appeals.
1. A notice of appeal or notice of cross
				appeal shall set forth the name of the party taking the appeal and the party's
				address or that of the party's representative, if represented, and the names of
				all other parties. A notice of appeal or notice of cross appeal also shall
				specifically designate the decision appealed from, or such part as appealed
				from.
2. Each notice of appeal
				shall be signed by the representative of record representing the party taking
				the appeal or signed by the party if the party is appearing pro se.
3. Each notice of appeal shall include an
				appended copy of the decision being appealed, including the initial decision
				issued by the OAL, if any.
4. Each
				notice of appeal shall include an appended proof of service on all other
				parties. The notice of appeal also shall indicate a copy of the notice has been
				provided to the State Board of Examiners or the School Ethics Commission, as
				appropriate.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.5 - Record on appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The record on appeal shall include all
				papers and exhibits, including audio and video recordings, on file with the
				State Board of Examiners or School Ethics Commission; all entries as to matters
				made on the record; any stenographic transcript; and all papers filed with the
				Commissioner.
1. Upon notice of appeal, the
				State Board of Examiners or School Ethics Commission shall certify the record
				and remit it to the Commissioner within 15 days of receipt of the notice of
				appeal. The record shall be remitted to the Commissioner with a statement of
				items comprising the record and the statement shall be served on each party to
				the appeal at the same time.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.6 - Filing and service of briefs, motions, and applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				One copy of all briefs, motions, and applications filed pursuant to this
				chapter shall be served on all parties. Proof of such service, in conformity
				with
6A:4-2.4(b)
, shall be appended to the original brief, motion, or application
				filed with the Commissioner.
(b)
				Appeals filed pursuant to this chapter shall be considered without oral
				argument.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.7 - Time for filing and service of briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				otherwise provided by this chapter, the appellant shall serve and file a brief
				in support of the appeal within 20 days after the appeal has been filed. The
				respondent shall serve and file an answer brief within 20 days after service of
				the appellant's brief. The appellant may serve and file a reply brief within 10
				days after service of the respondent's brief.
(b) If a cross appeal is taken, the party
				first appealing shall serve and file an appeal brief within 30 days of notice
				of the cross appeal. Within 30 days thereafter, the cross-appellant shall serve
				and file a brief in support of the cross appeal, which shall include an answer
				to appellant's brief. The appellant may file a reply brief within 10 days
				thereafter.
(c) Failure to meet the
				filing deadline for an appeal brief or brief in support of a cross appeal may
				be viewed as a failure to perfect the appeal or cross appeal and may result in
				dismissal of the appeal or cross appeal.
(d) If a respondent fails to meet the filing
				deadline for an answer brief, the record may be closed and the Commissioner may
				consider the matter on the record before the Commissioner.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.8 - Contents of briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cover of each formal brief filed
				pursuant to this chapter shall contain the following information:
1. The Commissioner's name and the
				Commissioner's docket number for the action;
2. The caption of the action;
3. The designation of the parties in the
				action before the Commissioner;
4.
				The title of the document and the designation of the party for whom it is
				filed; and
5. The name and office
				address of the representative of record and the names of any attorneys "of
				counsel" or "on the brief" or the name and address of the party submitting the
				brief if appearing pro se.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.9 - Length of briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Initial briefs of parties, if formal
				briefs, shall not exceed 40 pages exclusive of tables of contents and
				appendices.
(b) Letter briefs and
				reply briefs shall not exceed 15 pages.
(c) Page limits may be relaxed only by leave
				of the Commissioner.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.10 - Appendices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appeal brief or brief in support of a
				cross appeal shall include an appendix containing as the first item the
				appealed decision, including any decision issued by the OAL, and parts of the
				record, including evidentiary exhibits or portions, upon which the appellant or
				cross-appellant relies, or upon which it should reasonably be assumed the
				respondent will rely in meeting the issues raised. If answers to
				interrogatories are included in the appendix, a copy of the interrogatories
				also shall be included.
(b) All
				appendices shall be bound or stapled with pages arranged in clearly designated
				numerical order.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 2 - PROCEDURES FOR APPEAL › Section 6A:4-2.11 - Extensions of time for briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With the
				consent of all parties, requests for extensions of time for the filing of
				briefs will be granted upon request.
(b) Requests for extensions of time without
				the consent of all parties may be granted only by leave of the
				Commissioner.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 3 - MOTIONS › Section 6A:4-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every motion shall be accompanied by a
				brief that conforms to the requirements of either
				N.J.A.C.
				6A:4-2.8(d) or (g). The
				brief shall explain clearly the nature of the action, the relief sought by the
				moving party, and why the moving party is entitled to the relief
				sought.
(b) Every brief shall
				include as an attachment any School Ethics Commission or State Board of
				Examiners decision or order granting or denying the relief sought or
				challenged, and portions of the record upon which the moving party either
				relies or should reasonably assume the opposing party will rely.
(c) Each motion shall be accompanied by an
				affidavit setting forth fully the factual basis upon which the motion is
				based.
(d) The moving party shall
				serve one copy of the moving papers on all other parties and shall file the
				original with the Commissioner.
(e)
				Except as provided at
				N.J.A.C.
				6A:4-3.5, an opposing party shall have 10
				days after service of the moving party's papers to serve and file papers in
				opposition. The opposing party's brief shall explain clearly the grounds for
				opposition, annexing any papers relied on that were not included in the moving
				party's appendix. If no opposing brief is filed, the Commissioner may consider
				the motion unopposed.
(f) Except by
				leave of the Commissioner, supporting and answering briefs shall not exceed 15
				pages, exclusive of table of contents and appendix.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 3 - MOTIONS › Section 6A:4-3.2 - Motion to participate as amicus curiae

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A motion
				for leave to participate as amicus curiae may be made to the Commissioner in
				accordance with
6A:4-3.1
.
				The motion shall state with specificity the applicant's identity, the issue
				intended to be addressed, the nature of the public interest therein, and the
				nature of the applicant's special interest, involvement, or expertise with
				respect thereof.
(b) In ruling on a
				motion for leave to participate as amicus curiae, the Commissioner shall
				consider whether the moving party's participation will assist in the resolution
				of an issue of public importance, whether the moving party's interest is
				sufficiently different from that of any party to add measurably and
				constructively to the scope of the case, and whether the moving party's
				inclusion may give rise to confusion, prejudice to a party, or undue delay in
				proceedings. A decision granting the motion shall fix a briefing
				schedule.
(c) An amicus curiae who
				has been granted leave to participate in a case before the State Board of
				Examiners or the School Ethics Commission may file, without seeking further
				leave, a brief and appear in an appeal to the Commissioner of the decision or
				order entered therein.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 3 - MOTIONS › Section 6A:4-3.3 - Motion for stay of a decision of the State Board of Examiners

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				motion to stay a State Board of Examiners' determination pending determination
				of an appeal to the Commissioner shall be made first to the State Board of
				Examiners.
1. Motions shall be made to the
				State Board of Examiners concurrent with or subsequent to the filing of a
				notice of appeal to the Commissioner, together with a supporting affidavit and
				proof of service on each party.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 3 - MOTIONS › Section 6A:4-3.4 - Motion for leave to appeal an interlocutory order, decision, or action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Motion for leave to appeal an
				interlocutory order, decision, or action of the State Board of Examiners or the
				School Ethics Commission shall be made by filing a motion for leave to appeal
				to the Commissioner within five days after the action or service of the
				interlocutory decision or order.
(b) Motions for leave to appeal shall conform
				to the requirements at
				N.J.A.C.
				6A:4-3.1, except a brief in support of the
				motion also shall include the merits of the issue(s) sought to be
				appealed.
(c) The respondent's
				answer shall be filed within 10 days of service of the motion and may raise
				issues by way of cross appeal. If such issues are raised, the moving party
				shall file an answer to the issues on cross appeal within 10 days of service of
				the answer.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 3 - MOTIONS › Section 6A:4-3.5 - Emergency relief in matters on appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications
				for emergency relief shall be made by motion conforming to the requirements at
				N.J.A.C.
				6A:4-3.1. Opposing parties shall be given
				reasonable opportunity under the circumstances to file papers in response to an
				application for emergency relief.
(b) Applications for emergency relief shall
				be considered on an expedited basis and shall be reviewed in accordance with
				N.J.A.C.
				6A:4-4.1(b).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 3 - MOTIONS › Section 6A:4-3.6 - Motion for clarification and/or reconsideration of a decision of the Commissioner on appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A motion for clarification and/or
				reconsideration of a Commissioner's decision rendered pursuant to this chapter
				shall be served and filed within 10 days after the Commissioner files the
				decision. The motion shall conform to the requirements at
				N.J.A.C.
				6A:4-3.1 and shall include a copy of the
				decision for which clarification and/or reconsideration is sought.
(b) Motions for reconsideration shall be
				entertained based solely upon the following:
1. Claim(s) of mistake, provided that
				disagreement with the outcome of a decision, or with the analysis upon which it
				is based, shall not constitute "mistake" for purposes of this
				section;
2. Newly discovered
				evidence likely to alter the outcome of a matter, if the evidence could not
				have been discovered previously by due diligence;
3. Newly ascertained misrepresentation or
				other misconduct of an adverse party, if the misrepresentation or misconduct
				could not have been known previously; or
4. Reversal of a prior judgment on which the
				present matter is based.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 4 - REVIEW AND DECISION › Section 6A:4-4.1 - Standard of review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining appeals from decisions of
				the State Board of Examiners or the School Ethics Commission pursuant to this
				chapter, the Commissioner shall ascertain whether the decision is supported by
				sufficient credible evidence in the record and shall not disturb the decision
				unless the appellant has demonstrated the State Board of Examiners or the
				School Ethics Commission acted in a manner that was arbitrary, capricious, or
				contrary to law.
(b) In determining
				motions for stay or emergency relief, the Commissioner shall apply the
				following standards, pursuant to
Crowe v. DeGioia
, 90
N.J.
126 (1982):
1. The
				moving party will suffer irreparable harm if the requested relief is not
				granted;
2. The legal right
				underlying the moving party's claim is settled;
3. The moving party 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 moving party will suffer greater harm than the
				respondent will suffer if the requested relief is not granted.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 4 - REVIEW AND DECISION › Section 6A:4-4.2 - Settlement and withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appellant
				may withdraw an appeal at any time prior to issuance of the Commissioner's
				decision, whereupon the Commissioner shall discontinue all proceedings and
				notify all parties accordingly.
(b)
				An appeal may be settled at any time prior to issuance of the Commissioner's
				decision, provided the parties shall notify the Commissioner of any proposed
				settlement and shall set forth the full settlement terms for the Commissioner's
				review and approval.
1. If a district board
				of education is party to an appeal, any proposed settlement shall indicate, by
				signature of the district board of education attorney or inclusion of a
				district board of education resolution authorizing settlement, the district
				board of education has consented to the settlement terms.
2. A proposed settlement shall not include
				terms that restrict access to records or information deemed public by law or
				that require disclosure of information protected by law from
				disclosure.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 4 - REVIEW AND DECISION › Section 6A:4-4.3 - Commissioner's decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commissioner
				determinations rendered pursuant to this chapter shall be embodied in a written
				decision and shall be deemed final agency actions appealable to the Appellate
				Division of the Superior Court.
(b)
				The Commissioner's decision shall be mailed to all parties or their
				representatives of record.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 4 - APPEALS › Subchapter 4 - REVIEW AND DECISION › Section 6A:4-4.4 - Relaxation of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of this chapter shall be
				construed to secure a just determination, simplicity of procedure, fairness in
				administration, and elimination of unnecessary delay. Unless otherwise stated,
				the Commissioner may relax any rule not reflecting a statutory requirement or
				an applicable rule of administrative procedure if strict adherence to the rule
				is deemed inappropriate or unnecessary or would result in injustice.
(b) Briefing on appeals and motions shall be
				in accordance with this chapter. If the Commissioner deems it necessary to
				expedite proceedings or protect the interests of the parties, the Commissioner
				may modify time schedules or direct additional submissions or by leave upon
				motion of a party.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 5 - REGULATORY EQUIVALENCY AND WAIVER › Subchapter 1 - EQUIVALENCY AND WAIVER PROCESS › Section 6A:5-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter's purpose is to provide
				regulatory flexibility for school districts to meet the requirements of the
				rules contained in the New Jersey Administrative Code Title 6A. Regulatory
				flexibility may be granted as a waiver or equivalency to a specific rule so
				school districts can provide effective and efficient educational programs. The
				Commissioner, with authority delegated by the New Jersey State Board of
				Education, may approve on a case-by-case basis a waiver or equivalency to a
				specific rule.
(b) Entities covered
				by the chapter include: school districts; charter schools; renaissance schools;
				county vocational school districts; county special services school districts;
				educational services commissions; jointure commissions; regional day schools;
				Marie Katzenbach School for the Deaf; approved private schools for students
				with disabilities; college-operated programs; and programs operated by the
				State Departments of Children and Families, Human Services, and Corrections.
				Agencies and clinics are excluded.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 5 - REGULATORY EQUIVALENCY AND WAIVER › Subchapter 1 - EQUIVALENCY AND WAIVER PROCESS › Section 6A:5-1.2 - Definitions

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The following words and terms shall have the following
				  meanings when used in this chapter, unless the context clearly indicates
				  otherwise.
"Equivalency" means approval to achieve the intent of a
				  specific rule through an alternate means that is different from, yet judged to
				  be comparable to or as effective as, those prescribed within the rule.
"Waiver" means approval to avoid compliance either with the
				  specific procedures or the substantive requirements of a specific rule for
				  reasons that are judged educationally, organizationally, and fiscally
				  sound.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 5 - REGULATORY EQUIVALENCY AND WAIVER › Subchapter 1 - EQUIVALENCY AND WAIVER PROCESS › Section 6A:5-1.3 - Criteria for an equivalency or waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An equivalency
				or waiver to a specific rule must meet the following criteria:
1. The spirit and intent of New Jersey
				Statutes Title 18A, applicable Federal laws and regulations, and the New Jersey
				Administrative Code Title 6A are served by granting the equivalency or waiver.
i. Certification requirements of
				18A:26-2 shall not be
				violated;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 5 - REGULATORY EQUIVALENCY AND WAIVER › Subchapter 1 - EQUIVALENCY AND WAIVER PROCESS › Section 6A:5-1.4 - Equivalency process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, with authority
				delegated by the State Board, may approve an equivalency to a specific rule
				based on a Department-developed application submitted by a school
				district.
(b) The application
				completed by the school district shall describe, at a minimum:
1. How the school district's proposed
				equivalency meets the spirit and intent of an existing rule;
2. The condition(s) or reason(s) for the
				proposed equivalency, including reference to the specific rule that
				necessitates the proposal;
3. The
				projected measurable results that will provide programs or services at least
				equal to the current rule; and
4.
				How the school district's community, including the district board of education,
				parents, administration, and staff, has been informed of the proposed
				equivalency to the specific rule and has been provided the opportunity for
				public comment.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 5 - REGULATORY EQUIVALENCY AND WAIVER › Subchapter 1 - EQUIVALENCY AND WAIVER PROCESS › Section 6A:5-1.5 - Waiver process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, with authority
				delegated by the State Board, may approve a waiver to a specific rule based on
				a Department-developed application submitted by a school district.
(b) The application completed by the school
				district shall describe, at a minimum:
1. The
				waiver sought by the district;
2.
				The conditions or reasons for the proposed waiver, including reference to the
				specific rule that necessitates the proposal;
3. The projected measurable results that will
				demonstrate the waiver is educationally, organizationally, and fiscally sound;
				and
4. How the school district's
				community, including the district board of education, parents, administration
				and staff, has been informed of the proposed waiver to the specific rule and
				has been provided the opportunity for public comment.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 5 - REGULATORY EQUIVALENCY AND WAIVER › Subchapter 1 - EQUIVALENCY AND WAIVER PROCESS › Section 6A:5-1.6 - Review and duration of the equivalency or waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The school
				district shall submit reports and documentation of the measurable results for
				periodic review as required by the Commissioner.
(b) The Commissioner shall present to the
				State Board quarterly reports of granted equivalencies and waivers.
(c) The Commissioner at least annually shall
				review the equivalencies and waivers granted to Title 6A to determine whether
				amendments to the Administrative Code should be proposed to the State
				Board.
(d) The Commissioner may
				rescind an approved equivalency or waiver if a school district does not comply
				with the specific rule's intent. The Commissioner shall provide the school
				district with a reasonable time period to comply with all applicable rules
				after the equivalency or waiver approval is rescinded.
(e) An equivalency or waiver shall not be
				granted for a period of more than three years.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 5 - REGULATORY EQUIVALENCY AND WAIVER › Subchapter 1 - EQUIVALENCY AND WAIVER PROCESS › Section 6A:5-1.7 - Appeals

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(a) Any party aggrieved by a Commissioner's
				determination to grant or deny an equivalency or waiver pursuant to this
				chapter may appeal the determination to the Appellate Division of the Superior
				Court as provided by law.
(b) Any
				party seeking to challenge an action by a district board of education on the
				grounds that such action is in violation of school laws shall initiate a
				contested case pursuant to N.J.A.C. 6A:3, Controversies and Disputes,
				notwithstanding that the action being challenged may involve the implementation
				of a waiver or equivalency granted by the Commissioner.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 6 - STATE BOARD OF EDUCATION RULEMAKING PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 6A:6-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter sets forth the rulemaking process for the State
				  Board of Education of New Jersey pursuant to Administrative Procedure Act
				  (APA), 52:14B-1 et seq., as amended under
				  P.L. 2013, c. 259. This chapter also establishes, pursuant to
				  52:14B-4(f),
				  rules that apply to all persons interested in making a petition to adopt a new
				  rule or to amend or repeal an existing rule in Title 6A.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 6 - STATE BOARD OF EDUCATION RULEMAKING PROCESS › Subchapter 2 - NOTICE OF ANTICIPATED RULEMAKING ACTIVITY › Section 6A:6-2.1 - Notice of State Board meeting dates and rulemaking activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				State Board shall adopt annually by resolution a calendar of meeting dates that
				include the State Board's public monthly meetings, work sessions, and public
				testimony sessions. The Department will post the calendar of meeting dates on
				its website at
http://www.state.nj.us/education/
.
				The Department will distribute the calendar of meeting dates to school
				districts, the news media maintaining a press office to cover the State House
				Complex, education associations, and other interested persons.
(b) The State Board shall provide on its
				monthly public meeting agenda notice of new rules, amendments, or repeals to be
				discussed or acted upon. In addition, the Department will post on its website
				at
http://www.state.nj.us/education/
				new rules
, amendments, and repeals to be discussed or acted upon by the
				State Board.
(c) The Department
				may publish in the New Jersey Register quarterly calendars of the Department's
				anticipated proposed rulemaking activities, pursuant to N.J.A.C. 1:30-3. If
				developed, the calendars shall be amended as necessary in accordance with
				N.J.A.C.
				1:30-3.2.
1.
				If it is developed, the Department will include a copy of the quarterly
				rulemaking calendar on the Department's website at
http://www.state.nj.us/education/
.
2. If it is developed, the
				Department will provide notice of the availability of its quarterly rulemaking
				calendar in the same manner as it publicizes its proposed rulemakings pursuant
				to N.J.A.C. 6A:6-3.1(d)
				 and
				1:30-5.2 to inform persons most
				likely to be affected or interested by the proposed rules.
3. As an alternative to calendar publication
				requirements under this subsection, the Department may determine to use one of
				the five calendar exceptions available to it pursuant to N.J.A.C.
				1:30-3.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 6 - STATE BOARD OF EDUCATION RULEMAKING PROCESS › Subchapter 3 - STATE BOARD RULEMAKING PROCESS › Section 6A:6-3.1 - State Board rulemaking process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may prepare a policy discussion paper and present it to the State Board and to
				stakeholders for input before documents related to a new rule, amendment, or
				repeal are presented to the State Board for consideration.
(b) The Department may develop a discussion
				level document for any new rule, amendment, or repeal and present it to the
				State Board. The State Board may decide to:
1.
				Place the discussion level document on the State Board's monthly agenda at one
				or more public meetings in accordance with the Senator Byron M. Baer Open
				Public Meetings Act, N.J.S.A. 10:4-6 et seq.;
2. Provide a written comment period of at
				least 30 days for the discussion level document; and/or
3. Take oral testimony at one or more public
				testimony sessions scheduled after the State Board reviews the discussion level
				document at a public meeting and before the notice of proposal is published in
				the New Jersey Register pursuant to the Act. The State Board also accepts
				written comment at this time.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 6 - STATE BOARD OF EDUCATION RULEMAKING PROCESS › Subchapter 4 - PETITIONS FOR RULEMAKING › Section 6A:6-4.1 - Preparation of rulemaking petition by petitioner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				interested person may petition the State Board to adopt a new rule or amend or
				repeal an existing rule set forth in Title 6A.
(b) The petitioner shall submit the following
				information on a Commissioner-prescribed rulemaking petition form:
1. The petitioner's name, mailing and/or
				e-mail address, and phone number;
2. The substance or nature of the rulemaking
				request;
3. The reasons for the
				request and the petitioner's interest in it; and 4. References to the agency's
				authority to take the requested action.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 6 - STATE BOARD OF EDUCATION RULEMAKING PROCESS › Subchapter 4 - PETITIONS FOR RULEMAKING › Section 6A:6-4.2 - Department response to a petition for rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department will file a notice of petition with the Office of Administrative Law
				for publication in the New Jersey Register within 15 days of receipt of the
				rulemaking petition, pursuant to
				1:30-4.1(c). The
				notice of petition shall include:
1. The name
				of the petitioner;
2. The substance
				or nature of the requested rulemaking action;
3. The problem or purpose identified by the
				petition; and
4. The date the
				petition was received.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 6 - STATE BOARD OF EDUCATION RULEMAKING PROCESS › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
STATE BOARD OF EDUCATION
RULEMAKING PROCESS
The Department may distribute a policy discussion paper to the
				State Board and stakeholders.
Feedback to the Commissioner about the policy discussion paper
				is received from the State Board at a work session and also through written or
				oral comment from stakeholders.
The State Board considers draft rule language at First
				Discussion level at a State Board monthly meeting.
The State Board considers draft rule language at Second
				Discussion level at a State Board monthly meeting.
The State Board may add an additional Discussion level of
				draft rule language.
A public testimony session is held four to six weeks following
				First Discussion level consideration of draft rule language. Written comment is
				also accepted.
The State Board considers the Proposal level rule language at
				a State Board monthly meeting for its approval to publish the proposal in the
				New Jersey Register.
The notice of proposal is published in the New Jersey
				Register.
A 30- or 60-day written comment period is available for the
				public to react to the published proposal.
A 30-day written comment period is permitted only under
				rulemaking calendar exceptions located at
				1:30-3.3(a)1 
				through 4.
A public testimony session is held four to eight weeks
				following the Proposal level consideration of rule language.
Adoption level rule language is considered by the State Board
				for its approval to publish the adoption in the New Jersey Register.
The notice of adoption is published in the New Jersey Register
				to establish the effective date of the adopted rule.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 7 - MANAGING FOR EQUALITY AND EQUITY IN EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:7-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to ensure
				all students, regardless of housing status, socioeconomic status, immigration
				status, or any protected category as stated at N.J.S.A. 10:5-1 et seq., such as
				race, creed, color, national origin, ancestry, age, marital status, civil union
				status, domestic partnership status, affectional or sexual orientation, genetic
				information, pregnancy or breastfeeding, sex, gender identity or expression,
				religion, disability, atypical hereditary cellular or blood trait, service in
				the Armed Forces of the United States, or nationality, are provided equal
				access to educational activities and programs by district boards of education.
				The educational activities and programs include the teaching of challenging
				curriculum based on the New Jersey Student Learning Standards (NJSLS),
				differentiated instruction, formative assessments aligned to the NJSLS,
				qualified teachers, and professional standards for teachers and school
				leaders.
(b) The rules specify
				standards for district boards of education in establishing policies and
				procedures for the provision of educational activities and programs for all
				students, pursuant to: Article I, Paragraph 5 of the New Jersey State
				Constitution; the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et
				seq.); N.J.S.A. 18A:35-1 et seq., 18A:36-20, and 18A:38-5.1; Titles VI and VII
				of the Civil Rights Act of 1964 (42 U.S.C. §§
										2000d et
				seq. and 2000e et seq.); Title IX of Education Amendments of 1972
				(20 U.S.C. §§
										1681 et seq.); Section 504 of the
				Rehabilitation Act of 1973 (29 U.S.C. §§
										701 et
				seq.); and the Individuals with Disabilities Education Act (IDEA)
				(20 U.S.C. §§
										1400 et seq.).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 7 - MANAGING FOR EQUALITY AND EQUITY IN EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:7-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter specify standards that apply to
				  district boards of education providing general education services to students
				  in preschool through grade 12, special education services to students ages
				  three through 21, or adult education programs, and to charter schools and
				  renaissance school projects. Throughout this chapter, unless otherwise
				  indicated, "district board of education" and "school district" refer to the
				  governing body of school districts, charter schools, and renaissance school
				  projects.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 7 - MANAGING FOR EQUALITY AND EQUITY IN EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:7-1.4 - Responsibilities of the district board of education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				district board of education shall adopt and implement written educational
				equity policies that:
1. Recognize and value
				the diversity of persons and groups within the community and promote the
				acceptance of persons of diverse backgrounds regardless of the protected
				categories listed at
				N.J.A.C.
				6A:7-1.1(a); and
2. Promote equitable educational opportunity
				and foster through the policies, programs, and practices of the district board
				of education a learning environment that is free from all forms of prejudice,
				discrimination, and harassment based upon the protected categories listed at
				N.J.A.C.
				6A:7-1.1(a).