The chief school administrator shall make certified staff assignments in the manner best calculated, in his/her judgment, to enhance the educational program.

Teaching, supervisory, administrative and support personnel are subject to assignment and transfer after recommendation of the chief school administrator and approval by the board of education. Procedures for such transfers shall comply with provisions of current negotiated agreements and state and federal law. Disciplinary transfers are prohibited. Particular attention shall be paid to ensuring to the extent possible that there shall be equivalence of teachers and administrative staff among the schools. Discrimination in assignment, transfer and promotion shall not be tolerated (see 2224, 4111 and 4111.1).

The chief school administrator or his or her designee shall monitor district promotion, assignment and transfer practices to ensure nondiscrimination.

NJSBA Review/Update: October 2008, October 2017
Adopted: January 21, 2009
NJSBA Update: August, 2016
Revised/Readopted: May 17, 2017
Reviewed:

Key Words

Personnel Assignment, Personnel Transfer, Assignment and Transfer, Assignment, Transfer

Legal References: N.J.S.A. 18A:25 1 Transfer of teaching staff members
N.J.S.A. 18A:27 4 Power of boards of education to make rules governing employment of teacher
N.J.S.A. 18A:27 4.1 Appointment, transfer, removal, or renewal of officers and employees; exceptions
N.J.S.A. 18A:59 1 through 3 Apportionment and distribution of federal funds; exceptions
N.J.S.A. 34:13A 1 et seq. New Jersey Employer Employee Relations Act
See particularly:
N.J.S.A. 34:13A 23, 25, 27, 29
N.J.A.C. 6A:7-1.1 et seq. Managing for Equality and Equity in Education
N.J.A.C. 6A:30-1.1et seq. Evaluation of the Performance of School Districts

42 U.S.C.A. 2000d 2000d4 – Title VI of the Civil Rights Act of 1964

20 U.S.C.A. 1681 – Title IX of the Education Amendments of 1972

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

20 U.S.C.A. 1401 et seq. – Individuals with Disabilities Education Act

Hawkins-Stafford Elementary and Secondary School Improvement Act of 1988, (Pub. L. No. 100-297) amending Elementary and Secondary Education Act of 1965.

34 CFR 200.1 to 200.89 – Part 200

34 CFR Part 204

Ridgefield Park Education Association v. Ridgefield Park Board of Education, 78 N.J. 144 (1978)

The Comprehensive Equity Plan, New Jersey State Department of Education Division

Possible
Cross References: *2224 Nondiscrimination/affirmative action
*3220/3230 State funds; federal funds
*4111 Recruitment, selection and hiring
*4111.1/4211.1 Nondiscrimination/affirmative action
*4131/4131.1 Staff development; inservice education/visitations/conferences
*5145.4 Equal educational opportunity
*6121 Nondiscrimination/affirmative action
*6141 Curriculum design/development
*6145 Extracurricular activities
*6160 Instructional services and resources
*6171.3 At-risk and Title 1
*6171.4 Special education

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