c. The evaluator’s determination as
to the quality of an employee’s
classroom performance shall
not be subject to an arbitrator’s
review.
d. The board of education shall
have the ultimate burden of
demonstrating to the arbitrator
that the statutory criteria for
tenure charges have been met.
e. The hearing shall be held before
the arbitrator within 45 days of
the assignment of the arbitrator
to the case. The arbitrator
shall render a written decision
within 45 days of the start of the
hearing.
18A:6-17.3. Filing with the
secretary of the board of
education notice of a charge
of inefficiency; procedural
requirements
a. Notwithstanding the provisions
of NJSA18A:6-11 or any other
section of law to the contrary, in
the case of a teacher, principal,
assistant principal, and viceprincipal:
(1) the superintendent shall
promptly file with the
secretary of the board
of education a charge of
inefficiency whenever the
employee is rated ineffective
or partially effective in
an annual summative
evaluation and the following
year is rated ineffective
in the annual summative
evaluation;
(2) if the employee is rated
partially effective in
two consecutive annual
summative evaluations
or is rated ineffective in
an annual summative
evaluation and the following
year is rated partially
effective in the annual
72 – AR Handbook
summative evaluation,
the superintendent shall
promptly file with the
secretary of the board
of education a charge
of inefficiency, except
that the superintendent
upon a written finding of
exceptional circumstances
may defer the filing of
tenure charges until
after the next annual
summative evaluation.
If the employee is not
rated effective or highly
effective on this annual
summative evaluation,
the superintendent shall
promptly file a charge of
inefficiency.
b. Within 30 days of the filing,
the board of education shall
forward a written charge to the
commissioner, unless the board
determines that the evaluation
process has not been followed.
c. Notwithstanding the provisions
of NJSA18A:6-16 or any other
section of law to the contrary,
upon receipt of a charge
pursuant to Subsection A. of
this section, the commissioner
shall examine the charge. The
individual against whom the
charges are filed shall have
10 days to submit a written
response to the charges
to the commissioner. The
commissioner shall, within five
days immediately following the
period provided for a written
response to the charges, refer the
case to an arbitrator and appoint
an arbitrator to hear the case,
unless he determines that the
evaluation process has not been
followed.
d. The only evaluations which may
be used for purposes of this
section are those evaluations
conducted in accordance with a
rubric adopted by the board and
approved by the commissioner
pursuant to P.L.2012, c. 26
(C.18A:6-117 et al.).
18A:6-18 Dismissal, reduction,
and compensation of persons
under tenure in schools and
institutions of higher learning
No professor, associate professor,
assistant professor, instructor, supervisor,
registrar, teacher or other
persons employed in a teaching
capacity, in any State college, county
college or industrial school who is
under tenure during good behavior
and efficiency shall be dismissed or
subject to reduction in salary, except
for inefficiency, incapacity, conduct
unbecoming a teacher or other just
cause. Written charge of the cause or
causes preferred against an individual
shall be signed by the person or
persons making the same and filed
with the board of trustees of said
college or school. Upon determination
that the matter is a contested
case, the board shall assign the matter
for hearing and initial decision
to the Office of Administrative Law.
A final decision shall be rendered
by the full board of trustees. The
person charged may be represented
by counsel at all times and have
compulsory process to compel the
attendance of witnesses to testify
therein, as provided by law. Contested
case hearing shall be conducted
under rules and regulations established
pursuant to the ”Administrative
Procedure Act,” P.L. 1968, c. 410
(C. 52:14B-1 et seq.) and P.L. 1978, c.
67 (C. 52:14F-1 et seq.).
18A:6-25 Decisions in
Controversies and Disputes
The determination of any controversy
or dispute shall be made within
60 days after the close of the hearing
and shall be in the form of a written
decision which shall contain