such schools or grades are discontinued shall be employed by the board of education of such other district in the same or nearest equivalent position, provided that any such teaching staff member may elect to remain in the employ of the former district in any position to which he may be entitled by virtue of his tenure and seniority rights by giving notice of said election to the boards of education in each of the school districts at least three months prior to the date on which school, grade, or grades are to be discontinued. Teaching staff members so employed in such other district shall have their rights to tenure, seniority, pension and accumulated leave of absence, accorded under the laws of this state, recognized and preserved by the board of education of that district. Any periods of prior employment in such sending district shall count toward the acquisition of tenure in the other district to the same extent as if all such prior employment had been in such other district. 18A:6-8.3 Suspended employee or officer of board of education; compensation; exceptions Any employee or officer of a board of education in this State who is suspended from his employment, office, or position, other than by reason of indictment, pending any investigation, hearing, or trial or any appeal therefrom, shall receive his full pay or salary during such period of suspension, except that in the event of charges against such employee or officer brought before the board of education or the Commissioner of Education pursuant to law, such suspension may be with or without pay or salary as provided in chapter 6 of which this section is a supplement. 70 – AR Handbook 18A:6-10 Dismissal and Reduction in Compensation of Persons Under Tenure in Public School System No one shall be dismissed/reduced in compensation, (a) if he is or shall be under tenure of office, position of employment during good behavior and efficiency in the public school system of the state, or (b) if he is or shall be under tenure of office, position or employment during good behavior and efficiency as a supervisor, teacher or in any other teaching capacity in the Marie H. Katzenbach School for the Deaf, or in any other educational institution conducted under the supervision of the commissioner: except for inefficiency, incapacity, unbecoming conduct, or other just cause, and then only after a hearing held pursuant to this subarticle, by the commissioner, or a person appointed by him to act in his behalf, after a written charge(s), of the cause(s) of complaint, shall have been preferred against such person signed by the person or persons making the same, who may or may not be a member or members of a board of education, and filed and proceeded upon as in this subarticle provided. Nothing in this section shall prevent the reduction of the number of any such persons holding such offices, positions, or employment under the conditions and with the effect provided by law. 18A:6-11 Written Charges, Statement of Evidence; Filing; Statement of Position by Employee; Certification of Determination, Notice Any charge made against any employee of a board of education under tenure during good behavior and efficiency shall be filed with the secretary of the board in writing and a written statement of evidence under oath to support such charge shall be presented to the board. The board of education shall forthwith provide such employee with a copy of the statement of the evidence and an opportunity to submit a written statement of position and a written statement of evidence under oath with respect thereto. After consideration of the charge, statement of position and statements of evidence presented to it, the board shall determine by majority vote of its full membership whether there is probable cause to credit the evidence in support of the charge and whether such charge, if credited, is sufficient to warrant a dismissal or reduction of salary. The board of education shall forthwith notify the employee against whom the charge has been made of its determination, personally or by certified mail directed to his last known address. In the event the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal or reduction of salary, then it shall forward such written charge to the Commissioner for a hearing pursuant to NJSA 18A: 6-16, together with a certificate of such determination. The consideration and actions of the board as to any charge shall not take place at a public meeting.
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