N.J. Admin. Code § 6A:9B-5.14

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:9B-5.14 - Limited certificate for noncitizen teachers

(a) Pursuant to N.J.S.A. 18A:26-1 and 8.1, a limited certificate for noncitizen teachers shall be a non-renewable certificate issued to citizens of other countries and shall be valid for three years. Certificate issuance shall be contingent upon the following:

1. The candidate's enrollment in an international agency or program approved by the candidate's country of origin; and

2. The candidate's completion of the requirements at (d) below.

(b) Prior to hiring a noncitizen teacher, the district board of education shall:

1. Demonstrate to the executive county superintendent its inability to locate a qualified teacher with the required certification for the position;

2. Submit to the executive county superintendent the candidate's application and supporting documentation; and

3. Maintain all documentation of its effort to employ an appropriately certified teacher.

(c) For the candidate to be eligible for the limited certificate for noncitizen teachers, the district board of education shall submit, on a candidate's behalf, evidence of the following:

1. Completion of a degree that is equivalent to a United States bachelor's degree as determined by a Department-approved international credentials evaluation service;

2. Completion of an academic major in the subject to be taught. Candidates hired to teach world languages shall be exempt from this requirement;

3. Achievement of the GPA requirement as set forth at N.J.A.C. 6A:9B-8.2(a)3;

4. Completion of a college educator preparation program in the candidate's home country as certified by a Department-approved international credentials evaluation service or the international agency or government of the candidate's country of origin, pursuant to (a) above;

5. Certification by the agency verifying the candidate's valid authorization to teach in the candidate's home country;

6. Certification by the agency verifying the candidate has completed a minimum of three years of successful full-time teaching experience in the subject area to be taught. World language teachers shall present evidence of three years of successful full-time teaching experience in any subject. The teacher may teach their native language upon demonstration of oral language proficiency as certified by the agency; and

7. Completion of a Department-approved, nationally recognized test assessing the ability to speak, read, and write the English language fluently.

(d) The holder of a limited certificate for noncitizen teachers shall be permitted to teach in bilingual education programs in the language that was the medium of instruction in the certificate holder's educator preparation program, and in the content area and/or grade level of preparation in the certificate holder's country of origin.

(e) The candidate shall sign a notarized noncitizen oath to support the Constitution of the United States.

(f) An agency or non-United States government seeking to operate a noncitizen teacher placement program in New Jersey may enter into an agreement with the Department stipulating the agency's or non-United States government's role in fulfilling the section's requirements. The agency or non-United States government placing noncitizen teachers pursuant to this section shall provide to the Department, upon request, at least, but not limited to, the following documentation:

1. Evidence of U.S. State Department authorization to sponsor J-1 visas;

2. A description of the program, including orientation materials and procedures, references from other states' agencies, and demonstration of prior experience in noncitizen teacher recruitment and placement; and

3. A description of the process by which the agency or non-United States government determines the noncitizen teacher's U.S. bachelor's degree equivalency, college teacher preparation equivalency, authorization to teach, oral language proficiency, and successful teaching experience.

(g) An agency or non-United States government shall provide to school districts and noncitizen teachers assistance with all aspects of the teacher placement process, including, but not limited to the following:

1. Recruitment and screening of qualified noncitizen teachers;

2. Orientation to prepare noncitizen teachers for their teaching assignments and daily life in the school community;

3. Orientation to prepare school districts to host noncitizen teachers;

4. Enrollment of noncitizen teachers in a health and accident insurance coverage plan that meets the requirements of the U.S. State Department for obtaining the J-1 visa;

5. Assignment of noncitizen teachers to instruct within their respective disciplines and provision of an ongoing monitoring and support system;

6. Replacement of any teacher whose performance is not satisfactory, as determined by the employing school district pursuant to the terms of the contract between the agency or non-United States government and employing school district; and

7. Determination of responsibility for payment of the program costs. The school district, the noncitizen teacher, and the agency shall determine who will incur the costs of sponsoring the noncitizen teacher pursuant to a contract signed by all parties. To maintain Department approval, the agency shall provide the Department with a current fee schedule outlining anticipated costs for participation in the program.

(h) An agency approved pursuant to this section shall be subject to periodic review. If the Department determines at any time during the agency's operation in New Jersey that it has failed to meet the criteria in this section, the agency shall cease operations in the State upon Department notification.

(i) The Board of Examiners may revoke or suspend a limited certificate for noncitizen teachers in accordance with N.J.A.C. 6A:9B-4.4, 4.5, and 4.6.

N.J. Admin. Code § 6A:9B-5.14

Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:9B-6.6 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the section. Former N.J.A.C. 6A:9B-5.14, Exchange teachers, recodified to N.J.A.C. 6A:9B-5.11.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

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