N.J. Admin. Code § 6A:3-1.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 6A:3-1.1 - Purpose and scope

(a) This chapter sets forth the rules of procedure for the filing of petitions with the Commissioner of Education to hear and decide controversies and disputes arising under school laws in accordance with N.J.S.A. 18A:6-9.

(b) This chapter also establishes special rules of procedure for specific types of controversies in accordance with the requirements of the following statutes:

1. The filing of tenure charges pursuant to N.J.S.A. 18A:6-10 through 17.5;

2. Termination of sending-receiving relationships pursuant to 18A:38-13;

3. Appeals from decisions of the New Jersey State Interscholastic Athletic Association pursuant to 18A:11-3;

4. Denials of entitlement to attend school pursuant to 18A:38-1;

5. Review of penalties recommended by the School Ethics Commission pursuant to 18A:12-29; and

6. Hearings prior to suspension or revocation of school bus driver endorsements pursuant to N.J.S.A. 18A:39-26 et seq.

(c) This chapter shall not apply to district boards of education seeking restoration of budget reductions by governing bodies or boards of school estimate. In accordance with N.J.S.A. 18A:7F-5.e(3), such restorations shall be sought pursuant to the provisions of N.J.A.C. 6A:23A-9.7.

(d) This chapter shall not apply to appeals of decisions of the State Board of Examiners suspending or revoking teaching certificates, decisions of the School Ethics Commission finding violation of the School Ethics Act, or interlocutory decisions of the State Board of Examiners or the School Ethics Commission. In accordance with P.L. 2008, c. 36, such appeals and requests shall be made pursuant to N.J.A.C. 6A:4.

(e) This chapter shall not apply to disputes concerning streamline tenure of charter school employees. In accordance with N.J.S.A. 18A:36A-14.e, such appeals shall be made pursuant to N.J.A.C. 6A:11-6.4.

N.J. Admin. Code § 6A:3-1.1

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

Amended by 51 N.J.R. 723(a), effective 5/20/2019

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