AR Handbook – 75
jurisdiction of any board of education,
including any student teacher
or person assigned to other professional
pre-teaching field experience,
for any act or omission arising out
of and in the course of the performance
of the duties of such office,
position, employment or student
teaching or other assignment to professional
field experience, the board
shall defray all costs of defending
such action, including reasonable
counsel fees and expenses, together
with costs of appeal, if any, and shall
save harmless and protect such person
from any financial loss resulting
therefrom; provided that
a. no employee shall be entitled
to be held harmless or have
his defense costs defrayed
in a disciplinary proceeding
instituted against him by the
board or when the employee is
appealing an action taken by the
board; and
b. indemnification for exemplary
or punitive damages shall not be
mandated and shall be governed
by the standards and procedures
set forth in NJSA 59:10-4. Any
board of education may arrange
for and maintain appropriate
insurance to cover all such
damages, losses and expenses.
18A:16-6.1. Indemnity of
officers and employees in
certain criminal actions
Should any criminal or quasi-criminal
action be instituted against
any such person for any such act or
omission and should such proceeding
be dismissed or result in a final
disposition in favor of such person,
the board of education shall reimburse
him for the cost of defending
such proceeding, including reasonable
counsel fees and expenses of
the original hearing or trial and all
appeals. No employee shall be entitled
to be held harmless or have his
defense costs defrayed as a result of
a criminal or quasi-criminal complaint
filed against the employee by
or on behalf of the board of education.
Any board of education may arrange
for and maintain appropriate
insurance to cover all such damages,
losses and expenses.
18A:16-2 Physical Examinations;
Requirements
a. Every board of education shall
require all of its employees,
and may require any candidate
for employment, to undergo a
physical examination, the scope
whereof shall be determined
under rules of the state board,
at least once in every year
and may require additional
individual psychiatric or
physical examinations of any
employee, whenever, in the
judgment of the board, an
employee shows evidence of
deviation from normal, physical,
or mental health. Any such
examination may, if the board
so requires, include laboratory
tests or fluoroscopic or X-ray
procedures for the obtaining of
additional diagnostic data.
b. A board of education may
include testing for usage of
controlled dangerous substances
as they are defined in NJSA
2C:35-2 as part of any physical
examination which is required
of a candidate for employment
who has received a conditional
offer of employment. Any
testing shall be conducted
by a physician or institution
designated by the board of
education and the costs shall
be paid by the board. The
Department of Education,
in consultation with the
Department of Health, shall
develop guidelines for school
boards which elect to require the
testing.
18A:16-3 Character of
Examinations
Any such examination may be made
by a physician or institution designated
by the board, in which case
the cost thereof and of all laboratory
tests and fluoroscopic or X-ray procedures
shall be borne by the board
or, at the option of the employee,
they may be made by a physician
or institution of his own choosing,
approved by the board, in which
case said examination shall be made
at the employee’s expense.
18A:25-3 Teaching, etc., on
Holidays Not Required
No teaching staff member shall be
required to perform his duties on
any day declared by law to be a public
holiday and no deduction shall be
made from such member’s salary by
reason of the fact that such a public
holiday happens to be a school day
and any term of any contract made
with any such member which is
in violation of this section shall be
void.
18A:25-7 Meeting Which
Could Adversely Affect
Employment; Right to notice
and representation
Whenever any teaching staff member
is required to appear before the
board of education or any committee
or member thereof concerning
any matter which could adversely affect
the continuation of that teaching
staff member in his office, position,
or employment or the salary or any
increments pertaining thereto; then
he shall be given prior written notice
of the reasons for such meeting or
interview and shall be entitled to
have a person of his own choosing
present to advise and represent him
during such meeting or interview.