Board Policy 3159 – TEACHING STAFF MEMBER/SCHOOL DISTRICT REPORTING RESPONSIBILITIES
The Board of Education and all certificate holders shall adhere to the reporting requirements outlined in N.J.A.C. 6A:9B-4.3and N.J.S.A. 18A:16-1.3. For the purposes of this Policy, “certificate holders” shall include all individuals who hold certificates, credentials, certificates of eligibility (CEs), and certificates of eligibility with advance standing (CEASs) issued by the New Jersey State Board of Examiners. For purposes of this Policy, the term “certificate” shall include all standard, emergency and provisional certificates, all credentials, and all CEs and CEASs issued by the New Jersey State Board of Examiners.
All certificate holders shall report an arrest or indictment for any crime or offense to the Superintendent within fourteen calendar days of their arrest or indictment in accordance with the provisions of N.J.A.C. 6A:9B-4.3. The report submitted to the Superintendent shall include the date of arrest or indictment and charge(s) lodged against the certificate holder. Such certificate holders shall also report to the Superintendent the disposition of any charge within seven calendar days of the disposition. Failure to comply with these reporting requirements may be deemed “just cause” for revocation or suspension of certification pursuant to N.J.A.C. 6A:9B-4.4. The school district shall make these reporting requirements known to all new employees upon initial employment and to all employees on an annual basis.
The Superintendent shall notify the New Jersey State Board of Examiners when:
- Tenured teaching staff members who are accused of criminal offenses or unbecoming conduct resign or retire from their positions;
- Nontenured teaching staff members, including substitute teachers, who are accused of criminal offenses or unbecoming conduct resign, retire, or are removed from their positions;
- A certificate holder fails to maintain any license, certificate, or authorization that is mandated pursuant to J.A.C. 6A:9Bfor the holder to serve in a position;
- The Superintendent becomes aware that a certificate holder has been convicted of a crime or criminal offense while in the district’s employ; or
- The Superintendent has received a report from the Department of Children and Families substantiating allegations of abuse or neglect, or establishing “concerns” regarding a certificated teaching staff member.
The school district shall cooperate with the New Jersey State Board of Examiners in any proceeding arising from an order to show cause issued by the New Jersey State Board of Examiners and based on information about the certificate holder that the school district provided.
The Superintendent shall also notify the New Jersey State Board of Examiners, in accordance with the provisions of N.J.S.A. 18A:16-1.3, whenever a nontenured, certificated employee is dismissed prior to the end of the school year for just cause as a result of misconduct in office. This notification requirement shall not apply in instances where the employee’s contract is not renewed. The Superintendent will comply with the additional notice requirements to the New Jersey State Board of Examiners in the event it is subsequently determined by a disciplinary grievance arbitration, a court, or an administrative tribunal of competent jurisdiction that the basis for the dismissal did not constitute misconduct in office. In addition, whenever the Superintendent of Schools notifies the New Jersey State Board of Examiners of an employee’s dismissal for reasons of misconduct in accordance with the provisions of N.J.S.A. 18A:16-1.3, the employee shall receive a simultaneous copy of the notifying correspondence.
In the event the Board of Education determines, pursuant to a tenure charge finding under N.J.S.A. 18A:6-10or a disorderly person conviction under N.J.S.A. 9:6-8.14, that a teaching staff member has failed to report an allegation of child abuse in accordance with State law or regulations, the Board shall submit a report to the New Jersey State Board of Examiners that outlines its findings. The New Jersey State Board of Examiners shall review the certification of the teaching staff member to determine if the teaching staff member’s failure to report warrants the revocation or suspension of his/her certificate. In accordance with N.J.S.A. 9:6-8.14, any person failing to report an act of child abuse, having reasonable cause to believe that an act of child abuse has been committed, may be deemed a disorderly person.
N.J.S.A. 9:6-8.14; 18A:6-10; 18A:6-38.5; 18A:16-1.3
Adopted: October 20, 2009
Revised: September 20, 2016; November 19, 2019
Board Policy 4159 – SUPPORT STAFF MEMBER/SCHOOL DISTRICT REPORTING RESPONSIBILITIES
All support staff members shall be required to report their arrest or indictment for any crime or offense to the Superintendent of Schools within fourteen calendar days of the arrest or indictment. For purposes of this policy, “support staff members” shall include all school district employees who hold a position in the school district for which no certificate issued by the New Jersey State Board of Examiners is required.
The report submitted to the Superintendent shall include the date of arrest or indictment and charge(s) lodged against the support staff member. Such support staff members shall also report to the Superintendent the disposition of any charges within seven calendar days of the disposition. Failure to comply with these reporting requirements may be deemed “just cause” for disciplinary action, which may include termination or non-renewal of employment in accordance with law.
Teaching staff members are required to report their arrest or indictment for any crime or offense in accordance with Policy 3159 and N.J.A.C. 6A:9B-4.3.
The school district shall make these reporting requirements known to all new support staff members upon initial employment and to all employees on an annual basis.
Adopted: November 16, 2010
Revised: September 20, 2016
Click here for Regulation 4159
