QSAC Monitored:

DPR: Governance – 1

Note: Monitored as part of the New Jersey Department of Education’s assessment of district Comprehensive Equity Plans (CEP).

Mandated:

The district’s comprehensive equity plan must include policy and procedures on implementation of the contract and employment practices plan (N.J.A.C. 6A:7-1.4(c)2).

A. Recognize and value the diversity of persons and groups within society and promote the acceptance of persons of diverse backgrounds regardless of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status; and

B. Promote equal educational opportunity and foster through the policies, programs, and practices of the district board of education a learning environment that is free from all forms of prejudice, discrimination, and harassment based upon race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, gender identity or expression, religion, disability, or socioeconomic status;

C. Each district board of education shall develop once every three years a comprehensive equity plan that shall identify and correct all discriminatory and equitable educational and hiring policies, patterns, programs and practices affecting its facilities, programs, students and staff. The comprehensive equity plan shall include:

1. An assessment of the school district’s needs for achieving equity in educational programs. The assessment shall include staffing practices, quality of program data, stakeholder-satisfaction data, and student assessment and behavioral data disaggregated by gender, race, ethnicity, limited English proficiency, special education, migrant, date of enrollment, student suspension, expulsion, child study team referrals, preschool-through-grade-12 promotion/retention data, preschool through grade 12 completion rates, and re-examination and re-evaluation of classification and placement of students in special education programs if there is overrepresentation within certain group;
2. A description of how other Federal, State, and school district policies, programs, and practices are aligned to the comprehensive equity plan;
3. Progress targets for closing the achievement gap;
4. Professional development targets regarding the knowledge and skills needed to provide a thorough and efficient education as defined by the New Jersey Student Learning Standards (formerly the Core Curriculum Content Standard or the CCCS), differentiated instruction, and formative assessments aligned to the New Jersey Student Learning Standards and high expectations for teaching and learning; and
5. Annual targets that address school district needs in equity in school and classroom practices and are aligned to professional development targets.

Other Reasons:

P.L. 2018, c.5 supplementing Title 18A chapter 6 with N.J.S.A. 18A:6-7.6 through N.J.S.A 18A:6-7.13 details the requirements for employment history checks on applicants that are applying for positions in the district that involve regular contact with students. Information must be requested from the applicant and verified with current or former employers of the applicant regarding any child abuse or sexual misconduct investigations involving the applicant; if the applicant was disciplined, discharged or separated from employment for child abuse or sexual misconduct; and/or if the applicant had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct. The applicant must provide written authorization that consents to and authorizes disclosure of the information and records and that releases those employers from liability that may arise from the disclosure or release of records. This does not apply if after investigation the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated.

N.J.S.A. 18A:6-7.9 requires the district to verify the information provided by the applicant. The law requires the employer to disclose the requested information no later than 20 days after receiving the request.

N.J.S.A. 18A:6-7.12 prohibits the district for entering into a collectively bargained or negotiated agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action to suppress, destroy, expunge records about allegations or finding of suspected child abuse or sexual misconduct from any documents maintained by the school district. This does not apply if after investigation the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated.

The Every Student Succeeds Act of 2015 (ESSA) requires State plans to provide assurance that all teachers and paraprofessionals working in programs supported by Title I-A funds meet state certification and licensure requirements. The state certification standards for subject area teachers (N.J.A.C. 6A:9B-9.1a) include:

A. Complete an undergraduate major in the subject area as documented by an official transcript from a regionally accredited four-year college or university;

B. Hold a graduate degree in the subject area; or

C. Complete at least 30 credits in a coherent sequence of courses appropriate to the subject area as documented by an official transcript from a regionally accredited college or university, of which 12 semester-hour credits must be at the advanced level of study, including junior-, senior-, or graduate-level study as documented by the official transcript of a four-year, regionally accredited college or university;

The Americans with Disabilities Act (ADA) imposes obligations on boards of education both as employers and providers of education. Many of these obligations duplicate or expand existing obligations under Section 504 of the Rehabilitation Act of 1973 and other federal law.

N.J.S.A. 10:5 3 forbids discriminatory practices against any person or that person’s spouse, partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers by reason of race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, disability or nationality.

N.J.S.A. 10:5 3.1 requires employers to provide reasonable accommodations to pregnant women and those who suffer medical conditions related to pregnancy and childbirth, such as bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. Accommodations that cause an undue hardship in the conduct of an employer’s business are not required.

N.J.S.A. 10:5-4.1 applies all provisions of the statutes against discrimination to the disabled unless the nature and extent of the disability reasonably precludes the performance of the particular employment.

N.J.S.A. 10:5-12 makes it unlawful to discriminate in employment practices because of race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer.

N.J.S.A. 10:5-12 was amended by P.L. 2018, c.9 states an unlawful employment practice occurs, with respect to discrimination in compensation or in the financial terms or conditions of employment, each occasion that an individual is affected by application of a discriminatory compensation decision or other practice, including, but not limited to, each occasion that wages, benefits, or other compensation are paid, resulting in whole or in part from the decision or other practice. Liability shall accrue and an aggrieved person may obtain relief for back pay for the entire period of time in which the violation with regard to discrimination in compensation or in the financial terms or conditions of employment has been continuous, if the violation continues to occur within the statute of limitations. This amendment specifically addresses prohibiting discrimination related to a person’s sex.

N.J.S.A. 10:5 27 reads: “With respect only to affectional or sexual orientation and gender identity or expression, nothing contained herein shall be construed to require the imposition of affirmative action, plans or quotas as specific relief from an unlawful employment practice or unlawful discrimination.”

N.J.S.A. 18A:3-15.1 et seq. prohibits personnel from using titles, academic credits or degree references unless these were obtained from an accredited institution.

N.J.S.A. 18A:6-7.1 requires a check into the criminal history of potential employees.

N.J.S.A. 18A:27-4.1 requires that the chief school administrator recommend all employees, certified and noncertified, for appointment, transfer or removal by the board.

N.J.S.A. 52:14-7 establishes residency requirements for all public employees and officers to have their principal residence in the State of New Jersey.

N.J.A.C. 6A:7-1.4c, d requires the board to develop a comprehensive equity plan every three years and annually submit to the Department at the end of the year a statement of assurance regarding achieving the objectives of the comprehensive equity plan.

N.J.A.C. 6A:7-1.5 requires the board to annually designate a staff member as the affirmative action officer and form an affirmative action team and assure that all stakeholders know who the affirmative action officer is and how to contact her.

N.J.A.C. 6A:7-1.6 requires the board to provide professional development on a continuing basis for all school personnel to identify and resolve problems associated with the student achievement gap and other inequities arising from prejudice on the basis of protected classes.

N.J.A.C. 6A:7 1.8 ensures equal and bias free access to all categories of employment.

N.J.A.C. 6A:9B-5.7 requires that applicants for employment shall be citizens of the United States and details the exceptions to this rule.

N.J.A.C. 6A:9B-5.8 requires applicants for teaching certificates to be at least 18 years old, have graduated from an approved high school or have an equivalent education as determined by the Board of Examiners, and have received a baccalaureate degree from a regionally accredited higher education institution. The requirement of a baccalaureate degree does not apply to applicants for career and technical education endorsements, for educational interpreter endorsements, or for military science endorsements.

N.J.A.C. 6A:9B-8.1 through 8.3 state the requirements for obtaining an instructional certificate, certificate of eligibility with advanced standing (CEAS) and a certificate of eligibility (CE).

N.J.A.C. 6A:9B-8.4 states the requirements for obtaining a provisional certificate and the required enrollment of employment candidates with a CE in a CE educator preparation program.

N.J.A.C. 6A:32-4.1 requires hiring of teaching staff based on the specific instructional needs of students and provision of the certified personnel needed to implement a thorough and efficient education.

Recommendation:

A policy directing employment of certified teaching staff members to meet the specific instructional needs of the pupils of the district, and assigning responsibility for recruitment to the chief school administrator. The policy should direct the chief school administrator to be systematic in seeking out candidates of the highest caliber, addressing the state required criminal history check and check of immigration status, and ensuring that titles and/or degree credentials are obtained from accredited institutions of higher education. For chief school administrator candidates, the board shall be responsible for that role. The chief school administrator should also be responsible for the preparation and maintenance of job descriptions.

The sentence in this sample policy that provided that when two candidates have equal qualifications,
the chief school administrator shall give preference to the candidate who advances the district’s affirmative action goals has been deleted to conform to the August 8, 1996 Third Circuit Court of Appeals decision in Taxman v. Piscataway Bd. of Ed., 91 F. 3d 1547. The Taxman court held that a board of education violated Title VII of the federal Civil Rights Act when it invoked similar policy language and decided to retain a black teacher over a white teacher with equal seniority and qualifications.

The comprehensive equity plan (CEP) needs assessment conducted during the New Jersey Department of Education three-year review of plans requires the policy to address:

A. Target recruiting practices for underrepresented populations in every category of employment;

B. That employment applications and pre-employment inquiries conform to the guidelines of the New Jersey Division on Civil Rights;

C. Equal pay for equal work regardless of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability or socioeconomic status:

1. Each district board of education shall ensure all persons, regardless of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status, have equal and bias-free access to all categories of employment in the State’s public educational system, pursuant to N.J.A.C. 6A:7-1.1;
2. A district board of education shall not enter into any contract with a person, agency, or organization that discriminates on the basis of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status, either in employment practices or in the provision of benefits or services to students or employees, pursuant to N.J.A.C. 6A:7-1.1;
3. A district board of education shall not assign, transfer, promote, or retain staff, or fail to assign, transfer, promote, or retain staff, on the sole basis of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, religion, disability, or socioeconomic status, pursuant to N.J.A.C. 6A:7-1.1.

The policy should also direct the chief school administrator to provide the necessary state approved training program for teachers hired with provisional certificates.

Legal References: N.J.S.A. 10:5-1 et seq. Law Against Discrimination
See particularly:
N.J.S.A. 10:5-3
N.J.S.A. 18A:3-15. 1 et seq. Fraudulently issued, obtained, forged or altered degree or certification; use in connection with business or occupation
N.J.S.A. 18A:6 5 Inquiry as to religion and religious tests prohibited
N.J.S.A. 18A:6-6 No sex discrimination
N.J.S.A. 18A:6 7.1, -7.5 Criminal history record; employee in regular contact with pupils; grounds for disqualification from employment; exception
N.J.S.A. 18A:6-7.6 Employees; qualifications; discrimination, prohibitions through N.J.S.A. 18A:6-7.13
N.J.S.A. 18A:6 76.1 Deadline for notification to students of requirements of provisional certificate and induction program
N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:13 40 General powers and duties of board of newly created regional districts
N.J.S.A. 18A:16 1 Officers and employees in general
N.J.S.A. 18A:26 1, -1.1, 2 Citizenship of teachers, exceptions
N.J.S.A. 18A:27-1 et seq. Employment and Contracts
See particularly:
N.J.S.A. 18A:27-4.1
N.J.S.A. 18A:54 20 Powers of board (county vocational schools)
N.J.S.A. 26:8A-1 et seq. Domestic Partnership Act
N.J.S.A. 52:14-7 Residency Requirements
N.J.A.C. 6A:7 1.1 et seq. Managing for Equality and Equity in Education
See particularly:
N.J.A.C. 6A:7-1.4, -1.5, -1.6, -1.8
N.J.A.C. 6A:9B-5.7 Citizenship requirement
N.J.A.C. 6A:9B-5.8 Endorsement requirements
N.J.A.C. 6A:9B 6.1 et seq. College courses and certification
N.J.A.C. 6A:9B-8.1 et seq. Requirements for Instructional Certification
N.J.A.C. 6A:9B-10.1 et seq. Exceptions for the Requirements for the Instructional Certificate
N.J.A.C. 6A:9B-11.1 et seq. Additional requirements or exceptions to requirements for instructional certification with special endorsements
N.J.A.C. 6A:9B-12.1 et seq. Requirements for administrative certification
N.J.A.C. 6A:10-1.1 et seq. Educator effectiveness
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts
N.J.A.C. 6A:32 4.1 Employment of teaching staff
N.J.A.C. 6A:32-5.1 Standards for determining seniority

P.L. 2018, c.5 – regarding requirements for employment history review for child abuse
and sexual misconduct.

P.L. 2018, c.9 – regarding unlawful employment practices with respect to discrimination
in compensation or in the financial terms and conditions of employment

42 U.S.C.A. 2000e et seq. – Title VII of the Civil Rights Act of 1964 as amended by the
Equal Employment Opportunities Act of 1972

29 U.S.C.A. 794 et seq. – Section 504 of the Rehabilitation Act of 1973

8 U.S.C.A. 1100 et seq. – Immigration Reform and Control Act of 1986

42 U.S.C.A. 12101 et seq. – Americans with Disabilities Act (ADA)

Every Student Succeeds Act, Pub. L. 114-95, 20 U.S.C.A. 6301 et seq.

Old Bridge Education Association v. Old Bridge Township Bd. of Ed., 1986 S.L.D. 1917

Taxman v. Piscataway Bd. of Ed., 91 F. 3d 1547 (3d Cir. 1996)

The Comprehensive Equity Plan, New Jersey Department of Education

Possible
Cross References: 2130 Administrative staff
*2131 Chief school administrator
4000 Concepts and roles in personnel
*4111.1 Nondiscrimination/affirmative action
*4112.2 Certification
*4112.4 Employee health
4112.5 Criminal history check
*4112.6 Personnel records
*4112.8 Nepotism
*4121 Substitute teachers
*4222 Noninstructional aides
*5120 Assessment of individual needs
*6010 Goals and objectives

*Indicates policy is included in the Critical Policy Reference Manual.