N.J. Admin. Code § 6A:9B-4.5

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:9B-4.5 - Process for initiating action against educator certificates

(a) The Board of Examiners may issue an order to show cause to a certificate holder if the Board of Examiners determines the conduct of the holder warrants the revocation or suspension of the certificate(s) held where:

1. The Commissioner transmits a contested case to the Board of Examiners that resulted in a teaching staff member's loss of tenure, dismissal, resignation, or retirement;

2. Pursuant to N.J.A.C. 6A:9B-4.3, a school district notifies the Board of Examiners that a teaching staff member is no longer employed in the school district;

3. The Board of Examiners receives information regarding a certificate holder's criminal conviction or pending criminal charges;

4. The Board of Examiners receives notice that:

i. Another state has taken action against a teaching staff member's certificate in that state; and

ii. That teaching staff member also holds a certificate in New Jersey;

5. Pursuant to N.J.S.A. 9:6-8.10, the Department of Children and Families forwards to the Board of Examiners a copy of a report in which the Department of Children and Families has substantiated that a certificate holder has abused or neglected a child or has identified concerns with the conduct of a certificate holder;

6. Pursuant to N.J.S.A. 18A:6-7.3, the Commissioner notifies the Board of Examiners that an individual who holds a New Jersey certificate is disqualified from employment in public schools or has pending charges for an offense that is disqualifying;

7. A certificate holder fails to maintain any license, certificate, or authorization that is mandated, pursuant to this chapter, for the holder to serve in a position;

8. Pursuant to N.J.S.A. 18A:6-38.1, the Commissioner recommends to the State Board of Examiners the revocation of the certification of the chief school administrator, assistant superintendent, or an individual operating in such capacity as authorized pursuant to N.J.A.C. 6A:9B-12.3, or the school business administrator based on information received from a school district in which the certificate holder is employed;

9. Pursuant to N.J.S.A. 18A:7A-55, the Board of Examiners becomes aware that any condition exists within a school district that would authorize the appointment of a State monitor. In such cases, the Board of Examiners shall review the certification of a school district's chief school administrator and school business administrator; or

10. Pursuant to P.L. 1989, c. 266 (N.J.S.A. 18A:4-14 et seq.) and P.L. 2007, c. 53 (N.J.S.A. 18A:55-3 et seq.), the Board of Examiners becomes aware that any school district is not in compliance with the generally accepted accounting principles (GAAP) system of double entry bookkeeping, as required. In such cases, the Commissioner shall recommend to the Board of Examiners that it review the certification of the school district's school business administrator.

(b) Nothing in this section shall preclude the Board of Examiners from issuing an order to show cause on its own initiative when the Board of Examiners determines grounds for revocation or suspension of a certificate may exist.

N.J. Admin. Code § 6A:9B-4.5

Amended and recodified from 6A:9B-4.6 by 47 N.J.R. 2989(a), effective 12/7/2015

Amended by 55 N.J.R. 853(a), effective 5/1/2023