New Jersey teachers are required to possess certificates issued by the State Department of Education in order to be employed in a teaching capacity. These certificates are not easy to get, and have educational and testing requirements. They are required to ensure that those teaching New Jersey students have the requisite skills. Without them teachers cannot teach. However, teaching
What are the grounds for teacher certificate revocation or suspension in New Jersey?
In New Jersey, teacher certificates can be revoked or suspended due to unbecoming conduct, inefficiency, incapacity among other reasons. Teaching certificates may also be suspended when teachers leave their job without completing the contractual term of employment without the board of education’s consent.
What is considered unbecoming conduct?
Unbecoming conduct can include any behavior that is deemed inappropriate or unethical for a professional educator, such as abuse of students, violation of professional ethics, drug use, criminal activity, or failure to fulfill contractual obligations. Conduct unbecoming includes conduct which has a negative impact on the morale or efficiency of the school system, or which lessens the public’s confidence in the educational system.
What is the process for certificate suspension or revocation?
The process for suspending or revoking a teaching certificate usually involves an investigation and then a hearing before the New Jersey State Board of Examiners, which includes an opportunity for the teacher to present a defense. Proceedings are normally initiated by serving an order to show cause on the teacher, to which the employee must respond in writing followed by the hearing. Based on the evidence, the Board may exonerate the teacher, or if found guilty may fashion the appropriate remedy which includes deciding whether there should be any action, or if there should be a temporary suspension or permanent revocation of the teaching certificate.
Can a teacher appeal a certificate suspension or revocation?
Yes, a teacher can appeal the decision to the New Jersey Commissioner of Education and, if necessary, to the Appellate Division of the Superior Court of New Jersey.
How long does a certificate suspension typically last?
The length of a suspension can vary greatly depending on the nature and severity of the misconduct. It could range from a few months to several years. Suspensions for leaving before the expiration of the teacher’s term ordinarily involves a suspension of up to one year. Suspensions for other reasons can vary from months to years. Revocations are permanent.
What impact does a certificate suspension or revocation have on a teacher’s career?
A suspension or revocation can have a significant impact on a teacher’s career, making it difficult to secure employment in the education sector. It may also impact their reputation within the teaching community.
How can a lawyer help in cases of certificate suspension or revocation?
A New Jersey employment attorney can help by providing advice on the best course of action, assisting with the appeals process, and representing the teacher at hearings and appeals, and advocating on their behalf. If you need assistance with any such legal issues, don’t hesitate to contact McLaughlin & Nardi, LLC at (973) 890-0004 or fill out the contact form on this page to schedule a consultation with one of our attorneys. We can help.