Tag: notice
Appellate Division Affirms Decision to Revoke Teacher’s Certificates
By: Gabi Aste-Molina, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On October 6, 2023, the Appellate Division of New Jersey affirmed the revocation of the teacher’s certificates in In re Certificates of Rita O’Malley by the State Board of Examiners for repeatedly failing to test and evaluate her students with learning disabilities. Woodbridge Township School District (“District”) employed the teacher in 2000 as a special education teacher and Learning Disabilities Teacher Consultant. She was responsible for testing and diagnosing learning disabilities, developing individualized education programs, and meeting with parents and teachers to discuss the special education needs of her students. […]
Appellate Division Upholds School Board’s Obligation to Report Former Employee’s Information Regarding Sexual Misconduct
By: Ruhani K. Aulakh, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On October 5, 2023, the New Jersey Appellate Division in A.B. v. Board of Education of the City of Hackensack affirmed that the Hackensack School Board (“Board”) was required to disclose information of a former employee’s sexual misconduct to the employee’s future employer under N.J.S.A. 18A:6-76. In 2013, while employed by the Board, a teacher used social media to post inappropriate and sexually suggestive content. The Board began an investigation into the teacher’s misconduct. Before the conclusion of the Board’s investigation, the teacher and the Board finalized a settlement […]
Non-Renewal Recommendation in Summative Evaluation Does Not Comply With Written Notice Requirement
By: Angela Reading, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. In New Jersey, spring brings critical deadlines related to renewal decisions for teachers. N.J.S.A. 18A:27-10 mandates that by May 15 of each year, the chief school administrator provide non-tenured teachers with either a new employment contract or written notice of non-renewal of the employee’s contract. If a non-tenured teacher does not receive an employment contract or written notice by the May 15 deadline, under N.J.S.A. 18A:27-11, the employee is presumed to have received an offer of employment for the upcoming school year under the same terms and conditions of employment. […]
Non-Renewal Provision in Superintendent’s Contract Voided
On December 1, 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld an Administrative Law Judge’s determination to invalidate a non-renewal provision contained in a Superintendent’s contract. In Richardson v. Gangadin and Jersey City Education Association v. Jersey City Board of Education, the Commissioner found that a board of education and a Superintendent may not alter the statutory requirements governing the renewal of a Superintendent’s contract. N.J.S.A. 18A:17-20.1 provides, in part, that a Superintendent will be automatically reappointed or renewed unless the board of education affirmatively provides timely notice. Such notice must be 30 days for each year in the […]
Paraprofessionals Not Entitled to Automatic Renewal of Employment
A non-tenured, public school teacher is entitled to written notice of non-renewal regarding his or her employment by May 15 each school year if the board of education or charter school wishes to no longer employ that teacher for the following school year. This type of notice also applies to paraprofessionals. Pursuant to N.J.S.A. 18A:27-11, a school district or charter school’s failure to provide this non-renewal notice to a non-tenured teaching staff member results in an automatic offer of employment to the teacher for the next school year – but does this right extend to paraprofessionals? The New Jersey Commissioner […]
Connect with Capehart Scatchard