New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 9B - STATE BOARD OF EXAMINERS AND CERTIFICATION › Subchapter 4 - STATE BOARD OF EXAMINERS' PROCEEDINGS › Section 6A:9B-4.13 - Appeal of a "disapproved," two "partially effective" or "ineffective" evaluations, or ineligibility for a standard certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a
				school district notifies the Office that a candidate is permanently ineligible
				for a renewal of the provisional certificate pursuant to the standard
				certificate evaluation requirements at
				N.J.A.C.
				6A:9B-8.7, the candidate may initiate an
				appeal to the Board of Examiners. If an individual has received two "partially
				effective" or "ineffective" evaluations issued pursuant to N.J.A.C. 6A:10 and
				required at
				N.J.A.C.
				6A:9B-8.6, only the second adverse evaluation
				shall be the subject of the appeal. The following procedures shall apply:
1. The candidate shall file a copy of the
				appeal with the Secretary, or the Secretary's designee, within 60 days of
				receipt of the standard certificate determination. The candidate's appeal shall
				take the form of a written submission, including a sworn statement attesting to
				the facts in the appeal, and evidence documenting the reason(s) why the
				candidate should be awarded a standard certificate or be granted an additional
				opportunity for provisional employment. The candidate shall provide a copy of
				the final evaluation issued pursuant to N.J.A.C. 6A:10 and required at
				N.J.A.C.
				6A:9B-8.6.
2. The Secretary, or the Secretary's
				designee, shall forward to the school district that issued the standard
				certificate determination a copy of the candidate's appeal. Within 30 days from
				the date of the Secretary's letter notifying the school district of the appeal,
				the school district shall forward to the Secretary, or the Secretary's
				designee, a copy of all evaluations and the standard certificate
				recommendation. In addition, the school district shall submit a copy of either
				a response to the candidate's appeal of the school district's recommendation or
				a statement that it will rely solely on the evaluations submitted. The school
				district shall serve a copy of its response on the candidate and include a
				proof of service with the papers that are forwarded to the Secretary, or the
				Secretary's designee. Neither party shall submit additional papers without the
				Secretary's approval.
3. The
				candidate shall be responsible for demonstrating to the Board of Examiners why
				the candidate should be granted the relief requested. The Board of Examiners
				shall decide the appeal based on the written submissions and shall issue a
				written decision.
4. If the Board
				of Examiners determines there is a need for further fact-finding to decide an
				appeal of a standard certificate determination, the Board of Examiners may
				transmit the matter to the OAL for a hearing, pursuant to the Administrative
				Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and 52:14F-1 et seq., and
				the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The parties to the
				hearing shall be the provisional teacher candidate and the school district that
				submitted the adverse standard certificate recommendation. The Board of
				Examiners shall consider the recommendation of the ALJ in deciding the
				appeal.