N.J. Admin. Code § 6A:11-6.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:11-6.3 - Process for tenure disputes

(a) The charter school board of trustees shall adopt a policy that establishes a uniform process, including procedures and timelines, for hearing streamline tenure disputes. The policies shall include, at a minimum:

1. Written notice to the employee of the charges;

2. An opportunity for the tenured employee to respond to the charges, including the right to request a hearing to dispute the charges; and

3. A process for the board of trustees to receive and consider, prior to issuing a decision, a record of the case's proceedings.

(b) If a hearing is requested pursuant to (a)2 above, the tenured employee shall be provided with:

1. An opportunity to be represented by legal counsel;

2. A list of the charter school administration's witnesses no later than five days before the hearing; and

3. An opportunity to confront and cross-examine witnesses of the administration and to produce his or her own witnesses or affidavits.

(c) If disputed, the party issuing the tenure charges shall have the burden of substantiating the charges by a preponderance of competent and credible evidence.

(d) A hearing held pursuant to (a) above shall be completed no later than 30 days after the charter school board of trustees' receipt of the tenured employee's response to the charges, barring any unforeseen circumstances warranting an extension of such time. The hearing shall result in a determination by the board of trustees as to whether the charges have been substantiated by a preponderance of competent and credible evidence in the record and whether the tenured employee shall be dismissed or reduced in compensation.

(e) A written decision reflecting the board of trustees' determination whether to dismiss or reduce in compensation the tenured employee must be issued within 10 days of the determination. The written decision shall include, at a minimum:

1. A summary of evidence considered;

2. Factual findings relative to each charge; and

3. A determination whether each charge was substantiated.

N.J. Admin. Code § 6A:11-6.3

Amended by R.2002 d.358, effective 11/4/2002.
See: 34 N.J.R. 2920(a), 34 N.J.R. 3806(a).
In (a), substituted "charge(s)" for "charges".
Repealed by R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
Section was "Arbitration".
New Rule, R.2013 d.104, effective 8/19/2013.
See: 45 N.J.R. 8(a), 45 N.J.R. 1955(a).