N.J. Admin. Code § 6A:9B-4.13 - Appeal of a "disapproved," two "partially effective" or "ineffective" evaluations, or ineligibility for a standard certificate

(a) If a school district notifies the Office that a candidate is permanently ineligible for a renewal of the provisional certificate pursuant to the standard certificate evaluation requirements at N.J.A.C. 6A:9B-8.7, the candidate may initiate an appeal to the Board of Examiners. If an individual has received two "partially effective" or "ineffective" evaluations issued pursuant to N.J.A.C. 6A:10 and required at N.J.A.C. 6A:9B-8.6, only the second adverse evaluation shall be the subject of the appeal. The following procedures shall apply:

1. The candidate shall file a copy of the appeal with the Secretary, or the Secretary's designee, within 60 days of receipt of the standard certificate determination. The candidate's appeal shall take the form of a written submission, including a sworn statement attesting to the facts in the appeal, and evidence documenting the reason(s) why the candidate should be awarded a standard certificate or be granted an additional opportunity for provisional employment. The candidate shall provide a copy of the final evaluation issued pursuant to N.J.A.C. 6A:10 and required at N.J.A.C. 6A:9B-8.6.

2. The Secretary, or the Secretary's designee, shall forward to the school district that issued the standard certificate determination a copy of the candidate's appeal. Within 30 days from the date of the Secretary's letter notifying the school district of the appeal, the school district shall forward to the Secretary, or the Secretary's designee, a copy of all evaluations and the standard certificate recommendation. In addition, the school district shall submit a copy of either a response to the candidate's appeal of the school district's recommendation or a statement that it will rely solely on the evaluations submitted. The school district shall serve a copy of its response on the candidate and include a proof of service with the papers that are forwarded to the Secretary, or the Secretary's designee. Neither party shall submit additional papers without the Secretary's approval.

3. The candidate shall be responsible for demonstrating to the Board of Examiners why the candidate should be granted the relief requested. The Board of Examiners shall decide the appeal based on the written submissions and shall issue a written decision.

4. If the Board of Examiners determines there is a need for further fact-finding to decide an appeal of a standard certificate determination, the Board of Examiners may transmit the matter to the OAL for a hearing, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The parties to the hearing shall be the provisional teacher candidate and the school district that submitted the adverse standard certificate recommendation. The Board of Examiners shall consider the recommendation of the ALJ in deciding the appeal.

(b) The sole remedies that the Board of Examiners may provide an aggrieved candidate pursuant to this section are issuance of a standard certificate or an opportunity to seek further employment as a provisional teaching staff member. A provisional teaching staff member who seeks additional relief from the employing school district shall file a petition requesting such relief with the Commissioner in accordance with N.J.A.C. 6A:3.

(c) For good cause shown, the Board of Examiners may relax the 60-day requirement at (a) above and (d)1 below.

(d) A candidate who is ineligible for a certificate and who does not contest the standard certificate determination pursuant to (a) above may petition the Board of Examiners for approval of an additional opportunity to seek provisional employment. The candidate shall be responsible for demonstrating to the Board of Examiners by clear and convincing evidence why the candidate would likely succeed if granted the requested opportunity. The following procedures shall apply:

1. Within 60 days of receipt of the standard certificate determination, the candidate shall file a copy of a written submission, a sworn statement attesting to the submission's facts, and evidence documenting why the Board of Examiners should grant the request. The candidate shall provide a copy of the final evaluation issued pursuant to N.J.A.C. 6A:10 and required at N.J.A.C. 6A:9B-8.6.

2. The Secretary shall forward to the school district a copy of the candidate's submission. Within 30 days from the date of the Secretary's letter to the school district, the school district shall forward to the Secretary its response to the candidate's request. The school district shall serve a copy of its response on the candidate and include a proof of service with the papers that are forwarded to the Secretary pursuant to this section. Neither party shall file additional papers without the Secretary's approval.

3. The Board of Examiners shall decide the request based solely on the written submissions and shall issue a written decision.

(e) No candidate shall have the right to relief pursuant to both (a) and (d) above. If a candidate requests both types of relief, the Board of Examiners shall provide the candidate an opportunity to elect which specific type of relief is sought. The Board of Examiners shall not proceed with hearing the appeal until the candidate has requested a specific remedy. 4 Motions

Notes

N.J. Admin. Code § 6A:9B-4.13

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Added (e). Amended and recodified from 6A:9B-4.18 by 47 N.J.R. 2989(a), effective 12/7/2015 Amended by 55 N.J.R. 853(a), effective 5/1/2023