QSAC Monitored:
DPR: Governance – 1
SOA: 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).
Other Reasons:
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.
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.
N.J.S.A. 10:5-3 forbids discriminatory practices against any person or that person’s spouse 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.
N.J.S.A. 10:5-12 makes it unlawful to discriminate in employment practices against individuals with atypical hereditary cellular blood traits or because of genetic information or refusal to submit to or make available the results of a genetic test, or domestic partnership status.
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RECRUITMENT, SELECTION AND HIRING
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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: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. 18A:39-19.1 requires a check into the criminal history of potential school bus drivers.
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:7-1.8 ensures equal and bias free access to all categories of employment.
Recommendation:
A policy statement directing development of hiring practices to ensure that goals of noninstructional operations will be met. The chief school administrator should be responsible for the preparation and maintenance of job
descriptions.
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.
Legal References
N.J.S.A. 10 5-1 et seq Law Against Discrimination
N.J.S.A. 18A 11-1: General mandatory powers and duties
N.J.S.A. 18A 16-1 Officers and employees in general
N.J.S.A. 18A 27-4 Power of boards of education to make rules governing employment of teacher, etc.; employment thereunder
N.J.S.A. 18A 28-10: Reasons for dismissals of persons under tenure on account of reduction
N.J.S.A. 18A 39-17 Names, certain information relative to bus drivers to be filed by secretary of board of education.
N.J.S.A. 18A 39-18 Information relative to bus drivers furnished by contractor
N.J.S.A. 18A 39-19.1 Bus drivers required to submit certain information to commissioner; notice of pending charges
N.J.S.A. 18A 39-20 Compliance required for assigning bus driver; violations; fine
N.J.S.A. 18A 54-20: Powers of board
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N.J.S.A. 18A 6-7.1: Criminal record check in public school employment, volunteer service
N.J.S.A. 18A 6-7.5: Fine for noncompliance
N.J.S.A. 26 8A-1 et seq: Domestic Partnership Act
N.J.S.A. 39 3-10.1: Licensing of bus drivers, exemptions
N.J.S.A. 52 14-7: Residency requirement for State officers, employees; exceptions.
N.J.A.C. 6A 7-1.4 Responsibilities of the district board of education
N.J.A.C. 6A 7-1.8 Equality in employment and contract practices
8 U.S.C. 1100 et seq Immigration Reform and Control Act of 1986
20 U.S.C. 6301 et seq Every Student Succeeds Act (Formerly NCLB)
29 U.S.C. 794 et seq Rehabilitation Act of 1973
42 U.S.C. 12101 et seq Americans with Disabilities Act
42 U.S.C. 2000e et seq Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunities Act of 1972
Taxman v. Piscataway Bd. of Ed., 91 F. 3d 1547 (3d Cir. 1996) Cross References
2131 – Sample Policy: Chief School Administrator
3000 – Sample Policy: Concepts and Roles in Business and Noninstructional Operations, Goals and Objectives
4123 – Sample Policy: Classroom Aides and Paraprofessionals
4211.1 – Sample Policy: Nondiscrimination_ Affirmative Action
4212.4 – Sample Policy: Employee Health
4212.6 – Sample Policy: Personnel Records
4212.8 – Sample Policy: Nepotism
4219.23 – Sample Policy: P1 Employee Substance Abuse
4222 – Sample Policy: Noninstructional Aides
6010 – Sample Policy: Goals and Objectives
NJSBA POLICY SERVICES New Jersey School Boards Association, Trenton, NJ 08618 Copyright 2016 by
NJSBA. All rights reserved