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.