Michael Ling Compendium Notebook State of New Jersey School Law

EDU - 702 Compendium Notebook - Final Copy School Law: State of New Jersey August 2011 Professor Steven Klein

State of New Jersey School Law Module 1, Legal Framework of Education 1. Education laws and provisions are implemented and maintained by the New Jersey State Legislature (http://www.njleg.state.nj.us) as prescribed the New Jersey State Constitution which can be read at: http://www.njleg.state.nj.us/lawsconstitution/consearch.asp

Article VIII, Section 4 of the NJ State Constitution states the following: Section 4-1: The legislature will establish, support, and maintain a system of free public schools for children aged five to eighteen years. Section 4-2: Funding Funding for free public schools in New Jersey may be presented in the form of money, stock, or property and may be used for designated purposes that support, maintain, or are invested into the state educational system. Section 4-3: Transportation The legislature will, within reasonable distance, provide and maintain transportation to and from any approved New Jersey school. New Jersey State Statutes Education Title 18A Basic New Jersey State Statutes applicable to education are summarized briefly below, but ALL LAWS relating to education can be found in a full, comprehensive listing under the heading Laws and Constitution at the following site: http://www.njleg.state.nj.us/Default.asp

Section 18A:4 General Supervision of Schools: Supervision and control of public education in New Jersey and of the state department of education lies with the state board. It is their job to advise and administer all necessary attributes pertaining to New Jersey public school education. Section 18A:4-20 Annual Report: The state board must provide an annual report to the state legislature regarding all public education matters. Section 18A:4-26 Grants and Donations: These are subject to approval by the New Jersey State Governor, and may be administered to any school or institution department, bureau, or service as designated and specified by the grant and/or donation.

The website: http://www.njleg.state.nj.us/legislativepub/legprocess.asp will provide the process of how a bill becomes a law in New Jersey. The website: http://www.njleg.state.nj.us/legislativepub/our.asp provides general information on the background and structure of the New Jersey State Legislature. 2. The New Jersey State Department of Education regulates, supervises, and governs all public schools, both elementary and secondary in the state of New Jersey. Specific information can be found on their website at: http://www.nj.gov/education/ The NJ Department of Education contains a State Board of Education which contains 13 members who are elected by the Governor and confirmed by the State Senate, and by law at least three of the members must be female. Presently, Mr. Chris Cerf is the Acting Commissioner of Education for New Jersey and he was sworn in after his nomination by Governor Chris Christie on January 18, 2011. The website and more information on the Commissioner can be found at the Office of the Commissioner website located here: http://www.nj.gov/education/genfo/overview/commiss.htm More information relating to the Board of Education members and personal biographies and qualifications can be found at: http://www.nj.gov/education/sboe/boe/ And a website containing recent Board of Education Accomplishments can be found at: http://www.nj.gov/education/sboe/boe/accomp.shtml

3. The New Jersey State Department of Education is also responsible for, but not limited to the following:

A. Department of Standards and Core Content Areas: This department includes Pre-K thru 12 grade programs throughout the state. It essentially governs and implements the knowledge and skills needed by all students for post-secondary opportunities, which may encompass: four-year colleges, community college and/or technical training. https://www13.state.nj.us/NJCCCS/Worldclassstandards.aspx B. Department of Career and Technical Education: provides for leadership for the states career and technical education system, and equips students with the necessary tools to support growth within the state of New Jersey.http://www.nj.gov/education/voc/

C. Division of Early Childhood Development: The primary focus on this division is to establish appropriate learning opportunities and education based on the developmental stages of young children. http://www.nj.gov/education/ece/ D. Department of Charter Schools: This department regulates the necessary guidelines under which a charter school must operate in New Jersey, while still allowing certain degree of independence as granted by their approved charter. http://www.nj.gov/education/chartsch/ E. Division of School Improvement: Assists with the development of targeted interventions for schools and districts that are deemed in need of improvement. These initiatives are research based and implemented on a needs basis. http://www.nj.gov/education/dsis/

F. Department of Adult Education and GED Programs: Available to those who, for any reason, may have missed or not graduated from high school. The programs also provide literacy and educational assistance to those that need it. http://www.nj.gov/education/students/ged/ged1.htm

G. Office of Legislative Services: This office monitors and addresses Federal Legislation and its connection with the NJ State Legislature regarding educationally pertinent topics and subjects. http://www.nj.gov/education/ols/ H. Division of Finance: Main responsibility is to address issues such as fiscal responsibility, fiscal policy, and state aid that impact the system of public schools and school transportation within New Jersey. http://www.nj.gov/education/finance/ I. Office of Special Education Programs: This office governs special education within the state of New Jersey to ensure that all students with disabilities have full and equal opportunities within the educational realm of the state. http://www.nj.gov/education/specialed/

J.

Department of Teacher Licensing and Credentials: Establishes and communicates necessary requirements for employment and licensing within the New Jersey public school system. This includes, but is not limited to both teachers and administrative positions within the state. http://www.nj.gov/education/educators/license/sl/

4. The New Jersey State Court structure is defined and organized as stated in the New Jersey State Constitution, specifically under ARTICLE V. See the entire Constitution at: http://www.njleg.state.nj.us/lawsconstitution/consearch.asp for more details. The structure of New Jersey Courts and Judicial Branch is fairly basic in nature. It is comprised of Municipal Courts (for minor infractions), Tax Courts, State Superior Court (which includes trial courts), an Appellate Division, and the New Jersey State Supreme Court, of which Stuart Rabner is the Chief Justice. Further information regarding the structure and responsibilities, including an overview of the process of justice can be found at: http://www.judiciary.state.nj.us/nj_overview.htm and the following site: http://www.judiciary.state.nj.us/index.html

5. New Jersey falls under the THIRD U.S. Circuit Court of Appeals.

6. Examples of court cases within the THIRD U.S. Circuit Court District relating to the State of New Jersey: A. STRATECHUK v. BOARD OF EDUCATION SOUTH ORANGE MAPLEWOOD SCHOOL DISTRICT, 08-3826- The issue at hand is whether a School District, in order to maintain a policy of complete religious neutrality, may prohibit celebratory religious music at school-sponsored events. http://caselaw.findlaw.com/us-3rd-circuit/1498865.html

B. NEWARK PARENTS ASSOCIATION v. NEWARK PUBLIC SCHOOLS, 074002 Parents group argued that they should be able to remove their child from a failing school in Newark, NJ and place them in a non-failing school regardless of their place of residence within the city of Newark. The parents used the No Child Left Behind Act as their legal support for such a claim. http://caselaw.findlaw.com/us-3rd-circuit/1166279.html

C. Borden v. Sch. Dist. of the Township of E. Brunswick, 06-3890 A football coach alleged that a school districts policy of prohibiting a coach to participate in a student initiated prayer violated his First Amendment rights. http://caselaw.findlaw.com/us-3rd-circuit/1432750.html

D. LAWRENCE TOWNSHIP BOARD OF EDUCATION v. NEW JERSEY, 04-3637 A child whose family resides in Lawrence Township, New Jersey, suffers from diabetes and autism. The parties agree that the child (E.E.) is disabled as that term is defined in the Individuals with Disabilities Education Act. Lawrence Township School District Board of Education (Lawrence Township) agreed that E.E. should be placed in a residential facility where she can receive proper care at all times. E.E.'s parents requested that DDD (New Jersey Division of Developmental Disabilities) fund this placement, but, for reasons not relevant here, DDD refused. http://caselaw.findlaw.com/us-3rd-circuit/1206235.html

Module 2, Church State Relations 1. State Law of NJ relating to prayer, meditation, or moment of silence. A. Students are permitted to observe one minute of quiet, introspection, meditation and/or contemplation at the discretion of the student. Title 18A:36-4 http://lis.njleg.state.nj.us/cgibin/om_isapi.dll?clientID=22085222&depth=2&expandheadings=off&headingswithh its=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42 2. State Law of NJ relating to absences and school work due to religious holidays and/or observances. A. No student may be deprived of school work, tests, examinations, or materials due to absences based on religious observations and/or holidays. Title 18A:36-14 http://lis.njleg.state.nj.us/cgibin/om_isapi.dll?clientID=22085222&depth=2&expandheadings=off&headingswithh its=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

B. Student absences that are due to religious holidays shall be recorded by the school as excused absences and may not be held against said student as relating to certain grade requirements. Title 18A: 36-15 http://lis.njleg.state.nj.us/cgibin/om_isapi.dll?clientID=22085222&depth=2&expandheadings=off&headingswithh its=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

3. State of NJ and the Blaine Amendment, and use of tax vouchers for any school including religious schools.

A. The State of New Jersey does not have a Blaine Amendment mentioned in the state Constitution. B. Both tax credit programs and vouchers are school choice options for New Jersey C. It also does not seem to appear to preclude the use of funds other than those allotted for the public schools to support educational vouchers. http://www.edchoice.org/School-Choice/State/NJ.aspx

4. Court cases relating to church/state issues in the State of New Jersey A. O.T. v. Frenchtown Elementary School District Board of Education, 2006 U.S. Dist. LEXIS 89301 (D.N.J. Dec. 11, 2006). A child in a New Jersey public elementary school was barred from performing a religious song ("Awesome God") in an after-hours, school-sponsored talent show. The parents sued on their little girl's behalf, alleging among other things a violation of the Establishment Clause. The district court noted that other religious songs were permitted in the show, and that no objective observer would perceive that the school endorsed any speech in the childrens talent show routines. http://forums.randi.org/showthread.php?t=74778 B. Borden v. School District of Township of East Brunswick, NJ 06-3890. Argued Oct. 3, 2007 -- April 15, 2008 A local football coach desired to have a moment of silence with bowed heads prior to team meals and before each game in the team locker room. He claimed the district policy was overbroad and he was exercising his right to free speech. Some parents of the players argued that the district policy explicitly states that representatives of the school may not endorse, or cross the line between respect for religion and endorsement of religion, and such conduct is prohibited. http://caselaw.findlaw.com/us-3rd-circuit/1432750.html

C. Child Evangelism v. Stafford Township School District, NJ 03-1101, Oct. 2004. Stafford School District has maintained that they have a policy that all materials sent home via a student, must be pertinent to the school or education itself, or have prior approval through the administration. The organization, Child Evangelism, secured prior permission from the administration to hold a religiously based meeting group on school grounds. Child Evangelism then proceeded to distribute written invitations through the students to the general school population. Stafford School District maintains that this is a concern that falls under the Establishment Clause and has motioned that Child Evangelism abide by district policy. http://caselaw.findlaw.com/us-3rd-circuit/1302005.html D. Curay-Cramer v. Ursuline Acad. of Wilmington, 04-4628, June 2006. This case involved the firing of a catholic school teacher after she signed her name to a pro-choice advertisement in the local newspaper. The school claims that pro-choice philosophy is not aligned with catholic doctrine, which she represents as a catholic school teacher. The teacher maintains that she has the freedom of speech and expression that pertains to her personal beliefs outside of the classroom, and is simply supporting the Roe v. Wade decision of the U.S. Supreme Court. She also asserts that she was fired because she is a woman and that similarly situated male employees have been treated less harshly for substantially similar conduct. http://caselaw.findlaw.com/us-3rd-circuit/1424089.html E. Stratechuk v. Board of Education South Orange Maplewood District, 08-3826, Sept. 2009 November 2009 Mr. Stratechuk's claim is in relation to the performance of religious holiday music. The lawyers for Mr. Stratechuk claim that these performances violate the Establishment Clause and his children's First Amendment right to receive information and ideas, right to learn, and right to academic freedom. http://caselaw.findlaw.com/us-3rd-circuit/1498865.html

Module 3, Tort Liability 1. NJ State law relating to use/nonuse of corporal punishment. New Jersey State Statutes Education Title 18A 18A:6-1. Corporal punishment of pupils No person employed in a school or educational institution, whether public or private, shall inflict or cause to be inflicted corporal punishment upon a pupil attending any school or institution. However, within the scope of his employment, a person may use and apply such amounts of force as is reasonable and necessary: (1) to quell a disturbance, threatening physical injury to others; (2) to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil; (3) for the purpose of self-defense; and (4) for the protection of persons or property; and such acts, or any of them, shall not be construed to constitute corporal punishment within the meaning and intendment of this section. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing corporal punishment to be inflicted upon a pupil attending a school or educational institution shall be void. 2. Does NJ have comparative or contributory negligence as a defense? New Jerseys ModifiedComparative Negligence Act - N.J.S.A. 2A:15-5 New Jersey follows a modified comparative negligence approach for recovery of damages in personal injury cases. The New Jersey Modified Comparative Negligence Act states that a person may recover for death or injury to person or property as long as the persons contributory negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. The Act follows by stating that the amount the plaintiff recovers shall be diminished by the percentage sustained of negligence attributable to the person recovering. In other words, in New Jersey, a plaintiff may recover damages if his or her negligence was 50 percent or less. http://www.judiciary.state.nj.us/civil/civindx.htm

3. Immunity safeguards, child abuse, and neglect statutes for New Jersey. Of the statutes researched to date, New Jersey's teacher immunity statute is the most complex. New Jersey not only grants school officials an immunity from civil liability for reporting suspected student drug abuse, but also an affirmative duty on educational personnel to make such a report. Upon a good faith suspicion of student drug abuse, educational personnel may notify the student's parents, and then compel a medical investigation to prove or dispute the allegations. Similarly, New Jersey v. T.L.O suggests that the other sections of the New Jersey law are permissible under the Fourth Amendment. In T.L.O., the Court held that although the Fourth Amendment prohibition against unreasonable searches and seizures applies to searches conducted by public school officials, and will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. Significantly, the scope of liability confronted by teachers narrowed significantly in 2002, when Congress enacted "Paul D. Coverdell Teacher Protection Act of 2001. Under this federal Act, teachers and school officials are immune from liability for alleged acts of simple negligence and certain other actions taken within the scope of the teacher's employment. The Act also grants immunity to teachers for acts that have been carried out in a manner consistent with state or federal law "in furtherance of efforts to control, discipline, expel or suspend a student or maintain order or control in the classroom or school. http://www2.ed.gov/policy/elsec/leg/esea02/pg33.html 4. Child abuse and neglect in State of New Jersey In New Jersey, any person having reasonable cause to believe that a child has been subjected to abuse or acts of abuse should immediately report this information to the State Central Registry (SCR). If the child is in immediate danger, a call to 911 is mandated, as well as 1-877 NJ ABUSE. A concerned caller does not need proof to report an allegation of child abuse and can make the report anonymously. http://www.nj.gov/dcf/abuse/how/

MODULE 4 Student Classification 1. Equity of opportunity in education and school financing in State of New Jersey. New Jersey's 1844 constitution was formally amended in 1875 to include the guarantee of a "thorough and efficient" education for all of the state's children.Under the 1871 School Law, the overwhelming majority of funding for education came from the state; a uniform property tax was collected by the state, and redistributed to local school districts on an equal, per-pupil basis. Any extra monies for education that were needed were raised by individual township taxes. The inevitable result of this, however, was that in those richer districts with higher property values, allowed for more money to be raised through the tax to be spent on education. Within urban districts, not only were property values much lower, but the ratio of students to potential sources of tax income was much higher as well. New Jersey Constitution, Article VIII, Section IV, paragraph 1 http://www.njleg.state.nj.us/lawsconstitution/constitution.asp However, in the 1972 The Robinson Decisions, a Superior Court held that the funding of public schools, relying as heavily as it was on local property taxes, violated the thorough and efficient clause of the state constitution, as well as the equal protection clause of the U.S. Constitution.The court's ruling was centered around the gross inequities that the property-taxbased system of funding created. Following this ruling, however, the legislature passed the Public Education Act of 1975. The law stated that "The goal of a thorough and efficient system of free public schools shall be to provide to all children in New Jersey, regardless of socioeconomic status or geographic location, the educational opportunity which will prepare them to function politically, economically, and socially in a democratic society. The most recent wave of changes in the way public education in New Jersey is funded sparked by the original Abbott decision began with the Quality Education Act of 1990, passed under Governor Jim Florio. Its goal was to "enhance educational opportunities for New Jersey's children by guaranteeing all school districts an adequate level of state aid." In short, it required the State of New Jersey to fund the gap between the local school district taxes towards education to ensure each student received equal financing. http://www.nj.gov/infobank/circular/eof22.htm http://www.deborahyaffe.com/finance/rulings.html

2. Court cases involving desegregation or student classification issues. Hedgepeth-Williams v. Board of Education, Trenton, NJ (1944),is a benchmark New Jersey Supreme Court decision in the desegregation of Trenton Public Schools. The New Jersey Supreme Court upheld the New Jersey School Law of 1881 by declaring that local school districts and boards of education could not establish separate public schools based on race, color or creed. This decision paved the way for the eradication of racial and ethnic discrimination in the adoption of New Jerseys third Constitution of 1947 which outlawed racial segregation in the public schools. http://hedgepeth-williams.org/ Red Bank Charter School v. Red Bank Board of Education, Red Bank, NJ (2004) In this case, the Red Bank BOE argued that the charter school was drawing white students from the public school and was thus segregating the district; that the school's funding would impoverish the district and so damage the public school's ability to deliver "thorough and efficient" education. Also, they argued that the Commissioner denied the school board due process by not holding a hearing to determine whether the charter should be renewed. The NJEA argued that the school should be closed. http://www.atlanticlegal.org/case.php?cid=1057 http://www.aclu-nj.org/downloads/RedBankBrief.pdf 3. New Jersey State Legislation concerning ESL, illegal immigrants, homeless children, etc. The State of New Jersey has established statutes that require and allow for ALL children within each district to be educated. The federal government still requires public schools to provide ESL or bilingual education (BE) programs for non-English speakers regardless of their immigration status. Some states have gone beyond the federal mandate: New Jersey requires BE programs also bemade available for children as young as three years old regardless of immigration status.In fact, in a case in 2002 in Fairlawn, NJ when a school refused to admit the children of illegal immigrants, the court decision was quite clear.N.J. Dept. of Ed. spokesman Tom Rosenthal said, The rules prohibit school officials from asking or considering immigration status for purposes of school admission. N.J.S.A. 18A:7B-12- District of residence; determination N.J.S.A. 18A:7B-12.1- Homeless child; responsibility for education; determination of placement; payment of costs N.J.S.A. 18A:38-5.1- No child to be excluded from school because of race, etc.

4. Does the State of New Jersey protect for sexual orientation? YES! This protection falls under the New Jersey Law Against Discrimination (LAD) and explicitlymakes it unlawful to subject people to differential treatment based onaffectional or sexual orientation, gender identity or expression in places of business, public accommodation, housing, and employment. http://www.nj.gov/lps/dcr/law.html 5. HOUSE Standards for Special Education teachers in New Jersey. The HOUSE standards for NJ Special Education Teachers expired on June 30, 2010. Presently, veteran (1 or more years teaching) Special Education teachers in NJ must demonstrate content expertise in the subjects they teach. The new policy for teachers will fall under the guise of the HQT (Highly Qualified Teacher) Program as identified by the NJ Department of Education. http://www.nj.gov/education/profdev/nclb/ 6 New Jersey Anti-Bullying State Laws

The state of New Jersey has some of the toughest Anti-Bullying laws in the country. These policies began by establishing a Fact Finding Committee and then creation of a Declaration to Adopt Harassment and Bullying Prevention Policies.This statute addresses and defines specific terms used for identifying bullying within a school setting. Such terms defined, identified and addressed include, but are not limited to the following: electronic communication, written, verbal, gestures or physical acts by ANY person regardless of race, color, religion, ancestry, gender, sexual orientation, or national origin..etc. New Jersey State Legislature: N.J.S.A. 18A:37-13, 37-14, 37-15 http://www.njleg.state.nj.us/ http://www.judiciary.state.nj.us/legis/P.L.%202010,%20c.122%20(A-3466)%20-%20AntiBullying%20Bill%20of%20Rights.pdf Module 5 Students Rights 1. Students rights involving school attendance, oversight of home schooling, confidentiality of HIV, health concerns, student records, etc. are very comprehensive and detailed. As such the policies are very intricate, but have been researched and can be found at the website listed pertaining to the assigned statute, law, or legislative mandate. 2. Information for items A thru E below can also be found under the NJ Administrative Code and the NJ State Constitution: http://www.njleg.state.nj.us/lawsconstitution/constitution.asphttp://www.nj.gov/education /code/current/title6a/chap16.pdf

A. School attendance for students and school personnel can be found in great detail at the following: http://www.njleg.state.nj.us/ Education: Title 18A Religious Guidelines: N.J.S.A. 18A:36-14 General Attendance Guidelines: N.J.S.18A:38-25 B. Home Schooling:For New Jersey there is no Exact Home School Statute as a matter of state legislation. However, there is an Alternative Statute Allowing for Home Schools under N.J.S.18A:38-25. Similarly, NJ Home Schooling guidelines are listed at the following websites: http://www.homeschoolfacts.com/states/sub_sections.php/State_Laws/new-jersey http://www.njleg.state.nj.us/Education: Title 18A C. Students rights concerning confidentiality of HIV. No employee of a district board of education or school can share information that identifies a student as having HIV infection or AIDS UNLESS and ONLY with prior written consent of the student age 12 or greater, or from that of the students parent or guardian.http://www.nj.gov/education/code/ N.J.A.C. 8:61-2.1 - Attendance at school by students or adults with HIV infection http://www.njsbf.org/images/content/1/1/11086/aids-english.pdf D. Students rights and students records and confidentiality. New Jersey State Law mandates and follows the protection of the Federal Governments Family Educational Rights and Privacy Act. The FERPA protects the confidentiality of student educational records. The Act applies to any public or private elementary, secondary, or post-secondary school and any state or local education agency that receives federal funds. All public schools and virtually all private schools are covered by FERPA because they receive some sort of federal funding. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html E. NJ State students rights relating to free speech, censorship, dress code, etc. The rights of NJ students can be found in a comprehensive publication compiled by the ACLU and covers topics such as: free speech, censorship, dress code, etc. The New Jersey Students Rights Handbook: http://www.aclu-nj.org/downloads/StudntsRightHandbk.pdf

F. NJ State Statutes regarding students suspension, expulsion, and disciplinary measures.

Pupils in the public schools are required to comply with the rules established in each school and prescribed course of study and submit to the authority of the teachers and others in authority over them. Specific causes for suspension, expulsion, and more extreme disciplinary measures can be found in the N.J. Statutes website and in summary at:

New Jersey Statutes 18A:37-1 thru 18A:37-5

http://law.onecle.com/new-jersey/18a-education/index.html

G. State or Circuit Court Cases related to student rights. Goss v. Lopez, 419 U.S. 565 at 580-582 Procedural due process rights for short-term student suspensions http://www.state.nj.us/education/students/safety/behavior/sedp/ J.S. v. Blue Mountain School District, 2010 The Third U.S. Circuit Court of Appeals ruled June 13, 2011 that school officials cannot discipline students for ridiculing their principals on MySpace during their hours away from school. http://www.ca3.uscourts.gov/opinarch/084138p1.pdf N.J.S.A. 18A:11-8 New Jersey passed a law saying that school boards may adopt a dress code or uniform policy if requested by the principal, staff and teachers and if the board determines that the policy will enhance the school learning environment. http://www.njleg.state.nj.us/ Module 6 Teachers Substantive Rights 1. Tenure How defined? Do non-tenured teachers have due process rights? In New Jersey tenure is defined as the following: Teachers, after successful service over three consecutive years, OR three calendar years, shall be granted tenure and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member. YES! Non-Tenured teachers do have due process rights as defined in the following: New Jersey Statutes Title 59:8 4 Claims against Public Entities New Jersey Statutes - Title 18A Education - 18A:28-5 Requirements for tenure http://law.onecle.com/new-jersey/18a-education/28-5.html

2. Is sexual orientation protected in the State of New Jersey? YES! This protection falls under the New Jersey Law Against Discrimination (LAD) and explicitly makes it unlawful to subject people to differential treatment based onaffectional or sexual orientation, gender identity or expression in places of business, public accommodation, housing, and employment. It applies equally to teachers as well as students. http://www.nj.gov/lps/dcr/law.html 3. New Jersey State Law on whistleblowing. In New Jersey, the Conscientious Employee Protection Act (CEPA) prohibits a public or private employer from taking retaliatory action against an employee who discloses or threatens to disclose to a policy or practice that the employee reasonably believes is in violation of a law or rule. The protection does not apply, however, unless the employee has given written notice of the violation to a supervisor and has given reasonable time for correction. New Jersey Statutes Title 34:19-3 Labor and Workmens Compensation Retaliatory Action Prohibited http://www.njleg.state.nj.us/ 4. State textbook selections guidelines for New Jersey. The Commissioner of Education for the State of New Jersey, the Legislature, and the board of education in each school district in the state of New Jersey are responsible for selecting and appropriating the funds for textbooks within the state. New Jersey Statutes 18A:58-37.3. Purchase and loan of textbooks http://www.njleg.state.nj.us/ 5. State or Circuit Court Cases involving teachers rights. Piscataway Board of Education v. Taxman (1996) - A New Jersey school board faced the need to reduce the teaching staff in its high school business education department by one person. The Board found that it had a choice between two tenured teachers equal in seniority and qualifications but one white and the other the only black teacher in that department. It chose to apply its affirmative action program and policy and therefore laid off the white teacher. http://www.civilrights.org/monitor/vol9_no1/art6p1.html Marcus Borden v. East Brunswick Board of Education (2007) A high school football player began saying a prayer prior to team meals and games. A few students claimed this made them uncomfortable, and the district BOE asked him to stop. Borden maintained that he was continuing a tradition that was begun prior to his employment with the school district. http://www.aclu-nj.org/legaldocket/bordenveastbrunswickhighsc.htm

Module 7 Terms and Conditions of Employment 1. Licensure requirements in New Jersey: In the State of NJ there are five types of licensures available for a variety of situations. Both teacher and administrator licensure requirements can be found at the NJ Dept. of Education website: http://www.nj.gov/education/educators/license/teacher/ 2. Grounds for dismissal of teacher: The grounds for dismissal and the due process procedures relating to a NJ teacher and/or administrator are very complex and multifaceted. They can be found in the NJ State Statutes under Title 18A: Education. Specifically, NJ Statutes Title 18A:6-10 thru 6-18.1 http://law.onecle.com/new-jersey/18a-education/6-10.html 3. Personnel evaluation procedures and requirements: Since eliminating the HOUSE standards for teachers, New Jersey has implemented the Highly Qualified Teacher (HQT) program as a procedure for measuring and evaluating teacher progress under the No Child Left Behind Act. Specifics can be found at the following website: http://www.nj.gov/education/profdev/nclb/hqtcharts.pdf 4. Protections against discrimination of teachers: The NJLAD (New Jersey Laws Against Discrimination) prohibits unlawful discrimination in employment, housing, places of public accommodation, credit and business contracts. http://www.nj.gov/lps/dcr/law.html 5. Child abuse and neglect law in respect to teachers/administrators: Child abuse and neglect laws are comprehensive and detailed for the State of New Jersey. Many specific laws, requirements and statutes can be found at the following websites New Jersey Statutes 18A:6-7a Alleged child abuse, neglect by school employee http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateS tatutes.processSearch http://law.onecle.com/new-jersey/18a-education/6-7a.html

6. Collective bargaining agreements, negotiations and teachers union responsibilities: In the state of New Jersey, collective bargaining agreements, settlements, and issue falls immediately under the individual school district in question. Each district board must address the concerns of the teachers within the contracted district and their concerns as related to the NJEA (New Jersey Education Association) which governs the NJ teachers union. Specific information related to the rights of teachers and collective bargaining laws are extensive and comprehensive and may be found at the following websites:
New Jersey Statutes Title 18A:7A-40 Collective bargaining agreements

http://www.njleg.state.nj.us/ http://law.onecle.com/new-jersey/18a-education/7a-40.html http://www.njea.org/ 7. Any other items that were found. New Jersey public schools, spending, unions and teacher pensions have come under fire within the past year as Governor Chris Christie pushes legislation that would challenge the protocol and process of collective bargaining, teachers contracts, and pension plans. More information can be obtained at the NJ Governors website: http://www.state.nj.us/governor/