"Termination of Teachers"

Published on: July 11, 2016

A Look into What Constitutes “Conduct Unbecoming a Teacher” as the Basics for the Revocation or Suspension of a New Jersey Teacher’s Certificate

skills-835747_960_720 In New Jersey, obtaining a teaching certificate is a difficult task, requiring a great deal of credentials. For the individuals who are issued a teaching certificate, it is a testament to the individual’s dedication, commitment, and passion for teaching. Therefore, if your certificate is at risk of being revoked or suspended, it is important to know your rights and whether to challenge such a determination.

The State Board of Examiners may revoke, suspend or deny a teacher’s certificate for many grounds set forth in the New Jersey Department of Education’s regulations in the New Jersey Administrative Code, N.J.A.C.§6A:9B-4.4. One of the grounds that the State Board of Examiners may revoke, suspend or deny a teaching certificate is on the basis of “conduct unbecoming a teacher.” Like many legal terms, “conduct unbecoming a teacher” is inherently broad and encompasses a wide variety of teacher activity. Due to its broad nature, a look into how courts have defined and analyzed “conduct unbecoming a teacher” is important if your certificate is being revoked, suspended or denied to determine whether to appeal the revocation or suspension.

Courts have defined “conduct unbecoming a teacher” in multiple ways including :

Published on: May 4, 2016

The Rights of Untenured Teachers Under New Jersey Employment Law

by Maurice W. McLaughlin

pre-1272291__180 New Jersey’s employment laws governing the rights and responsibilities of New Jersey teachers are found in Title 18A of New Jersey Statutes. The laws are complex, but our employment attorneys have significant experience in representing New Jersey teachers in this complex area. Indeed, Maurice McLaughlin wrote the seminal treatise on the rights of public school teachers under New Jersey employment law. This blog briefly summarizes untenured teachers’ rights.

Status of Non-Tenured Teachers

New Jersey is an “employment at will” state. This means that normally an employee can be fired for any reason –even mistaken reasons – so long as the motivation is not illegal. New Jersey’s tenure protection laws provide strong protections from the harshness of employment at will, but until teachers acquire tenure they have few protections against termination, even without cause.

Published on: May 2, 2016

Filing a Notice of Appeal with the Department of Education: What You Must Do Before Its Too Late

by Robert Chewning, Esq.

knowledge-1052011__180 New Jersey’s Department of Education has issued regulations which govern “controversies and disputes” with public employees such teachers and principals. The “controversies and disputes” cover a wide variety of issues including but not limited to the State Board of Examiner’s (“Board’s”) decision to block, revoke, or suspend a teacher’s certificate.

If you are faced with such a controversy or dispute or have been adversely affected by a decision from the Board or other agency, these regulations provide a legal right to challenge the decision through a petition of appeal. The petition of appeal must be filed in the specific format and must be filed within the time limitations provided under N.J.A.C. §6A:3-1.3(i). Failing to strictly comply with these requirements may prevent you from challenging the Board’s or other agency’s decision or order.

The time period to file a petition of appeal begins from the date you receive a notice of “a final order, ruling or other action” by the Board, a board of education, or other agency. The notice of the final decision must set forth the facts that you have a right to know which the decision is based on. However, the notice may not be clear that the decision is final or provide you with information regarding your right to file a petition of appeal. Therefore, it is extremely important that you address any notice of a decision that affects your employment promptly and seek legal counsel regarding your rights to appeal before they are time barred.

Published on: November 6, 2013

Revocation and Suspension of Teachers’ Certifications

by Pauline M.K. Young

Because of the high level of public concern over New Jersey’s children, teaching is a highly regulated and scrutinized industry. Not only are teachers required to meet significantly high standards of education and training, and, in most cases, to have specialized knowledge in their field, but they must also maintain a level of behavior and continued education to maintain their teaching certificates.

If a school board terminates a teacher, or otherwise refuses to renew a teacher’s contract, that school board is required, in some circumstances, to alert the New Jersey State Board of Examiners of discontinuation of employment. For instance, a school district is required to report a discontinuation of a teacher’s employment – even if that is due to the teacher’s resignation or retirement – if the teacher is accused of a criminal offense or “unbecoming conduct.”

The Board of Examiners is the state licensing agency which reviews and monitors teachers. IT has the power to bestow, deny, suspend, or revoke a teacher’s license. The Board of Examiners may revoke or suspend a teacher’s certificate if the teacher demonstrates inefficiency, incapacity, conduct unbecoming a teacher or for any other just cause – such as being convicted of a crime. However, the Board of Examiners cannot revoke or suspend a New Jersey teacher’s certificate unless it gives the teacher notice and the opportunity to be heard.
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