N.J. Admin. Code § 6A:3-3.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 6A:3-3.1 - Commissioner's order to show cause

(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).

(b) Parties to contested matters shall not submit or request the issuance of orders to show cause seeking enforcement of litigants' rights. Parties seeking enforcement of judgments of the Commissioner shall generally bring an action in the Superior Court as provided in New Jersey Court Rules at R.4:67-6.

1. Actions that are appropriately brought before the Commissioner due to the need for a further determination on a school law issue to resolve the parties' adjudicated rights are to be initiated by way of a petition conforming to the requirements at N.J.A.C. 6A:3-1.3, accompanied, where appropriate, by a motion for emergent relief with a letter memorandum or brief addressing 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).

2. Requests for enforcement of a monetary award through recording of the Commissioner's final order of assessment on the judgment docket of the Superior Court pursuant to 2A:58-10 shall be made in accordance with 6A:3-12.1.

N.J. Admin. Code § 6A:3-3.1

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Amended by 56 N.J.R. 766(b) effective 5/6/2024