607 School Law
Which of the following best describes the authority of school officials to search student lockers?
A school official may conduct random locker searches as long as all students receive a notice at the start of the school year that lockers are subject to random inspection.
Which of the following actions taken by a board of education president or board member would constitute a violation of the New Jersey School Ethics Act?
All of the above.
Who is required to complete an annual Financial Disclosure Statement and an annual Personal/Relative Disclosure Statement under the New Jersey School Ethics Act?
All of the above.
N.J.S.A. 18A:30-3.5, N.J.S.A. 18A:30 -3.6 and the accountability regulations place a cap on payouts for accumulated sick leave for:
All superintendents, Assistant superintendents and Business administrators AND all employees of school districts hired after May 21, 2010
If a teacher has attended all required professional development, participated in all required meeting with a supervisor, and completed all other required tasks outlined in a Corrective Action Plan, the teacher must be considered to have successfully completed the CAP, regardless of whether or not teaching performance has improved.
False
To constitute a legally defined HIB claim, the bullying can not be a single event, but rather must involve multiple incidents that occur over a period of time.
False
True or false: For in-state workshops, the executive county superintendent must approve attendance for more than five people.
False (there is such a cap on the number of attendees for out of state workshops, but not in-state workshops)
True or false: Payment by school districts for overnight lodging is prohibited for all in-state events.
False. Overnight lodging is permitted for in-state events if a waiver is approved by the Commissioner of Education and the participant lives more than 50 miles from the event.
If student A punches Student B on the playground, and Student A is much larger than student B, the scenario must be classified as harassment, intimidation or bullying:
False. We cannot assume that size was the motivating factor without first conducting an investigation. In addition, the other required elements of New Jersey law must also be satisfied.
Can public school students ever sing a religious song at a school activity such as a concert, assembly or talent show?
It depends. Songs with religious content may be permitted as individual religious expression and not as government-sponsored religion, if the performance is voluntary and is not speech that is attributable to the school.
Which, if any, of the following distinguishing characteristics identified in a HIB claim would also require the incident to be reported to the Affirmative Action Officer?
LGBTQ status
In Loco parentis means:
Legal principle which gives school boards and staff authority to make decisions for students in absence of parents / Schools must anticipate foreseeable harm and take reasonable steps to protect students / Schools have authority over students and concomitant duty to protect them
Which of the following is not a required element of dating violence under New Jersey law:
Physical abuse
How many individuals are required to form a collective bargaining unit?
2 or more
How much time does it take for a certificated staff member who is newly hired to a district to achieve tenure in a position?
4 consecutive years plus the first day of the 5th year of employment, or the equivalent of more than 4 academic years in a five year period
If a school district wishes to discuss personnel in closed session, it must first provide the employee who will be discussed with the following:
A Rice notice
Which of the following best describes the legal rights of a nontenured teacher or administrator?
A nontenured teacher or administrator is entitled to a written statement of reasons for the nonrenewal upon request, along with a Donaldson hearing before the board of education upon request, and may not be terminated due to discrimination based on a protected class, such as race, religion, disability, ethnicity, gender or age.
Which of the following is not a violation of the New Jersey Law against Discrimination?
A superintendent who calls a principal into his office and proceeds to scream at him for ten minutes for being a "moron," a "jerk," an "idiot," and a "lowlife," who has "no clue" what it takes to run a school, all because the principal disagreed with the superintendent's new dress code policy for staff at a recent administrative team meeting.
To impose a short term suspension on a student (up to 10 days) which of the following must occur:
Accused has right to give his/her side of story / Notice to parents prior to end of school day on which suspension is decided / Instruction no later than the 5th day
When must an employee receive a corrective action plan?
After any annual summative evaluation in which the employee is rated as "Ineffective" or "Partially Effective."
In order to receive state aid, school boards must have a nepotism policy that:
All of the above
It is a violation of the School Ethics Act to:
All of the above
The purpose of the School Ethics Act is:
All of the above
The purpose of the Code of Ethics for School Board Members is
All of the above.
If a teacher knowingly refuses to implement instructional strategies that are outlined in a Corrective Action Plan because the teacher is convinced those strategies will not work, this represents:
An act of insubordination that needs to be separately documented and addressed through progressive supervision, and documented and addressed in monitoring implementation of the Corrective Action Plan.
Non-tenured staff members have the following reemployment rights.
Certified staff and paraprofessionals - Written offer of reemployment by May 15 AND Certified staff and paraprofessionals - Written notice of non-renewal by May 15.
If a teaching staff member in a public school suspects that a student is under the influence of alcohol or illegal drugs, the principal must do which of the following:
Contact the parents and inform them the child is suspected of being under the influence and that the student must either be picked up immediately by the parent and taken for an immediate medical examination or the district will itself arrange for an immediate medical examination of the student and have the nurse examine the student to assess the student's medical condition (although the student will be sent out for a medical examination no matter what the nurse determines).
In the video scenario, which of the following best describes the legal mistakes made by the high school principal, Dr. Richardson, and the middle school principal, Dr. Hargrove, when they were meeting privately to discuss Bridgette Starke?
Dr. Hargrove asks Dr. Richardson what she wants her to find when she evaluates Ms. Starke and Dr. Richardson replies that she would like Dr. Hargrove to back her up and find deficiencies in specific areas.
In the video scenario, which of the following best describes the legal mistakes made by the high school principal, Dr. Richardson, and the middle school principal, Dr. Hargrove, when they were meeting to conduct a midyear CAP review with Bridgette Starke?
Dr. Richardson and Dr. Hargrove should have included areas where Ms. Starke's performance improved in the midyear CAP review, should have been prepared with the evidence to support any area of identified deficiency and should have asked Ms. Starke if she wished to request an accommodation for a medical issue once she raised concerns about her stress and anxiety.
A principal must obtain permission from a student's parents before the student can be interviewed about a HIB claim.
False
A school district employee who fails to proactively request professional development is not entitled to challenge the adequacy of professional development offered by the school district.
False
A school secretary who receives a final summative evaluation rating of ineffective must be given a Corrective Action Plan.
False
A student athlete does not have the right to engage in prayer or religious expression prior to the start of a school athletic event because it may be perceived by others as school-sponsored religious speech.
False
A student may be the victim of bullying if a reasonable person would have been offended by the speech targeting that student, even if the student who heard the speech in question was not actually offended.
False
As of July 1, 2018, all Principals in New Jersey automatically have the right to decide to decline to have an incident investigated as a potential HIB, even if the words "Harassment, Intimidation, or Bullying" are used by anyone reporting the incident.
False
Board of education members are permitted to send the same email correspondence to each member of a board individually without violating the Open Public Records Act, as long as they do not email a majority of board members in one email regarding school district business.
False
If a school district employee engages in conduct that is harmful to a student (such as bullying a student) that issue must be addressed in a Corrective Action Plan.
False
If a student claims that he was the victim of bullying, a teacher can decide whether the incident satisfies the legal definition of Harassment, Intimidation or Bullying and must be reported to the school principal.
False
If a student wishes to engage in silent protest of gun violence by wearing a t-shirt to school that says "Stop the gun madness" school officials may prohibit the wearing of that shirt, since it may offend other students, parents or staff.
False
The key goals of a Code of Student Conduct are:
Foster health, safety, emotional well-being of students AND Support safe environment that is conducive to learning
Mr. Jones began working on September 1, 2013 as an elementary school teacher. On July 1, 2014, Mr. Jones begins working as high school vice principal. On September 1, 2016, Mr. Jones is promoted to high school principal. What seniority rights does Mr. Jones have on September 1, 2017, assuming he continues serving as principal in 2017-2018 and further assuming he has received "effective" or "highly effective" ratings for 2016-17?
He has four years of seniority as an elementary school teacher and three years and two months seniority as a high school vice principal. He has no seniority as principal because he has not accrued tenure as principal.
An arbitrator in a tenure case regarding Inefficiency may NOT consider which of the following:
If the evaluator's judgment was inaccurate regarding a teacher's classroom teaching performance.
In the video scenario, which of the following best characterizes the legal mistakes made by Ms. Starke when she was meeting with the middle school principal, Dr. Hargrove, for a post-observation conference?
Ms. Starke was being insubordinate in refusing to implement a specific instructional strategy in her Corrective Action Plan - changing the physical set up of her classroom / Ms. Starke was being insubordinate for refusing to revise her lesson plans to reflect what she was actually teaching, as required in her Corrective Action Plan / Ms. Starke was being insubordinate in criticizing Dr. Hargrove's competence and her school and speaking with Dr. Hargrove in a disrespectful manner
Are tenure and seniority the same thing?
No, because tenure applies to generic titles, such as teacher or vice principal whereas seniority applies to more specific assignments such as teacher of elementary or middle school vice principal. In addition, a staff member has no seniority rights until the staff member has first accrued tenure.
Can a staff member who acquired tenure as a principal, but who has never served as a vice principal or assistant principal, nevertheless have rights to the vice principalship and/or assistant principalship position because the titles require the same endorsement and/or same certificate?
No, because you cannot achieve tenure as a vice principal or assistant principal unless you have served in the position of vice principal or assistant principal.
Does a staff member who is not a member of a bargaining unit have a right to file a grievance (assume that no bargaining unit exists to represent the title in question)?
No. Absent the existence of a collective bargaining association the staff member does not have a right to file a grievance, unless granted to them by board policy or individual contract.
Must collective bargaining agreements specify the right to arbitration in order to resolve grievances?
No. Arbitration may be negotiated into an agreement, but there is nothing requiring that it be part of a grievance process, with the specific exceptions of minor discipline issues (N.J.S.A. 34:13A-22) and disciplinary increment withholdings. (N.J.SA. 34:13A- 26).
In the video scenario, Dr. Hargrove conducts an unannounced observation of Bridgette Starke and then conducts an announced observation the following week. Is this legally permissible under TEACHNJ for a teacher on a Corrective Action Plan, in light of recent case law?
No. Conducting these observations so closely together does not provide a teacher with a reasonable opportunity to consider feedback and improve her teaching performance.
Can public schools conduct random drug testing of all students?
No. Random drug testing of all students is not permitted. However, public schools can do random drug testing of student athletes, students who participate in extracurricular activities, and students with parking privileges, where the school has a demonstrated history of drug abuse and the policy was adopted following public input.
What should a school principal do when in receipt of a report of discrimination or sexual harassment?
Pass on the report to the designated officer who is to conduct an investigation
If a tenured teacher is promoted to principal, what conditions must be met to achieve tenure in the new position?
Possession of the required administrative certificate with a principal's endorsement / Service for 2 consecutive years plus the first day of the 3rd year or the equivalent of more than 2 academic years in a 3 year period / A rating of "effective" or "highly effective" in at least two annual summative evaluations in the first three years of employment in the principal position.
What other conditions must be met for a newly hired teacher to accrue tenure?
Possession of the required instructional certificate with an appropriate endorsement and completion of a mentoring program in the first year of employment in the new position / A rating of "effective" or "highly effective" in at least two annual summative evaluations out of the three summative evaluations received following years 2, 3 and 4 of employment.
Ms. Jones is very unhappy with the new principal, Mr. Imright. To vent her frustration, Ms. Jones posts on her private Facebook page that Mr. Imright is an overbearing, obnoxious, racist tyrant and she hopes that he does not obtain tenure as a principal. Could Ms. Jones be in trouble with the School District for what she posted on her personal Facebook page?
Possibly. If it can be established that Ms. Jones' Facebook post caused a substantial disruption in the school, she would be subject to discipline.
If a school district wishes to discuss a personnel dispute between a principal and a teacher in which each accuses the other of making threatening comments, the district must do which of the following under the Open Public Meetings Act:
Provide reasonable, prior notice to both the teacher and principal that the Board will meet in closed session to discuss privileged personnel matters which may adversely affect the employment of certain personnel, but offer to hold the discussion in public if BOTH the teacher and principal demand that the discussion be held in public.
Which of the following statements about school district travel policy is false:
Reasonable costs of alcoholic beverages are reimbursable.
For a staff member to be initially hired in a school district, the following conditions must be met.
Recommendation from the CSA/Superintendent AND Roll call majority vote of the full board of education
Staff members who have been non-renewed have the following due process rights.
Right to request a statement of reasons for the non-renewal within 15 days of notice of non-renewal AND Receipt of statement of reasons in writing within 30 days of request.
Staff members who have been non-renewed have the following due process rights after receipt of their statement of reasons.
Right to request an informal appearance before the board of education within 10 calendar days of receipt of the statement of reasons / . Informal appearance before the board within 30 days of request / Informal appearance before the board is subject to the Open Public Meetings Act and may be held in closed session / The purpose of the informal appearance is to convince the board of education to offer reemployment
True or false: The accountability regulations permit school districts to pay for reasonable food expenses for workshops that occur outside the school district, but generally prohibit district funds from being used to pay for food in in-district workshops.
True
In the video scenario, which of the following best describes the legal mistakes made by the high school principal, Dr. Richardson, when she was meeting with Bridgette Starke to discuss the development of Ms. Starke's corrective action plan?
She angrily tells Ms. Starke that she will have no say in the development of her Corrective Action Plan / She accuses Ms. Starke of not caring about her students / She does not offer any suggestions for professional development or other steps necessary to help Ms. Starke improve her performance.
Ms. Jones serves as supervisor of language arts for 5 years. Prior to that she was a high school language arts teacher for 6 years. All of her evaluations are positive. What seniority does she have?
She has 11 years seniority as high school language arts teacher and 5 years seniority as supervisor of language arts.
The School District filed Conduct Unbecoming Charges against Ms. Inappropriate, a tenured teacher, seeking dismissal, alleging that (1) she helped her students cheat on the PARCC test and (2) that she sexually harassed several of her students. Ms. Inappropriate denies these allegations, and claims that even if they are true, these would be her first offenses, and the District cannot demonstrate that it engaged in Progressive Discipline. The most likely outcome of these Conduct Unbecoming Charges would be:
The District can prevail if it can establish that one or both of the allegations against Ms. Inappropriate constitutes egregious conduct.
Which of the following best describes a school district's duty of care at the time of student dismissal?
The school district must inform all parents that they have the right to instruct the school that their child should not be allowed to walk home alone. If the parent requests that the child not walk home alone, the school district must honor such a request and not allow the child to walk home alone.
Which of the following is true?
The board may negotiate over terms and conditions of employment only with the majority representative.
What happens when a collective bargaining agreement conflicts with the new accountability regulations on rates of mileage reimbursement?
The mileage reimbursement cap in the travel regulations always trumps the collective bargaining agreement for all collective bargaining agreements, since no contract entered into after 2008 is allowed to have a higher reimbursement rate.
Identify the factor(s) that should be considered when determining whether a tenured employee should be dismissed for excessive tardiness or absenteeism:
The particular circumstances of the absences and not merely the number of absences / The negative impact that the employee's absences/tardiness had on the school and/or students / Proof that the employee was warned that his/her supervisors were dissatisfied with the pattern of absences/tardiness
Which of the following best describes the meaning of the term "Nepotism": Nepotism in public school districts is:
The practice of hiring relatives of school board members and/or the chief school administrator, although a board of education has the local option to extend its nepotism policy to cover all school administrators.
Which of the following best describes the term "managerial prerogatives"?
The rights which employers are required to have to effectively manage schools, including rights and responsibilities controlled by statute and regulation.
Which of the following best describes the obligations of a school district in implementing a Corrective Action Plan?
The school district must clearly identify all areas of deficiency, provide professional development as needed to address each area, and clearly identify the responsibilities of the employee and supervisor and provide a timeline for completing required elements of the plan.
What steps must be taken when a school district employee raises concerns with a supervisor that he is suffering from stress, anxiety or other mental health issues?
The school district must engage in an interactive process to determine if the employee is requesting an accommodation for a medical issue, and to determine what reasonable accommodation, if any, needs to be offered.
A school principal is unable to sleep at night and decides to send an email from his personal email to the superintendent's personal email, describing in detail the factual data on his school's drop out problem, along with recommendations for improving the district's dropout prevention program. If a parent learns of the existence of this email and requests a copy, pursuant to the Open Public Records Act, which of the following is true:
The school district must share those portions of the email that include factual information about the school district and its dropout problem, but may redact those portions that include any personally identifiable information about individual students and may redact those portions that are strictly policy recommendations.
If a public school employee suspects that a student has been neglected or abused, which of the following must occur:
The staff member who suspects abuse or neglect must report their suspicions to DCP&P and inform the school principal and the school district must report the suspicion to law enforcement.
Mr. Williams is a tenured high school social studies teacher who received an annual summative evaluation for 2016-17 that rated him as "Ineffective." For 2017-18 he received an annual summative evaluation that rated him as "Partially Effective." What options does the district have available at this point in regards to pursuing tenure charges against Mr. Williams?
The superintendent may choose to recommend that the board of education certify tenure charges or may recommend that the individual be permitted to continue serving for one additional year prior to the certification of tenure charges.
What process must be followed in the development of the Corrective Action Plan?
The supervisor and staff member must work collaboratively to develop the CAP, although the CAP may ultimately be imposed if the staff member refuses to engage in good faith collaboration.
What are terms and conditions of employment?
Those items which directly and intimately affect working conditions such as work time and work load.
Which of the following best describes the obligations of a school district employee who is on a Corrective Action Plan?
To act in good faith to implement all elements of the Corrective Action Plan.
With respect to issues of harassment, what obligations do school districts have?
To notify the employee of where the complaint may be filed / To investigate the allegation / To stop the alleged harassment
A summative evaluation, even if it includes detailed recommendations for improving performance, is not legally equivalent to a Corrective Action Plan.
True
A teacher can be observed more often than the statutory minimum, if the supervisor believes the teacher needs additional observation and guidance in order to improve.
True
Administrative regulations such as those found in Title 6A of the administrative of the New Jersey Administrative Code, are generally enacted by the State Board of Education and, in limited circumstances, by the Commissioner of Education.
True
New Jersey statutes such as those in Title 18A, the Open Public Meetings Act, the Open Public Records Act, the Law Against Discrimination and the Anti-Bullying Bill of Rights Act are passed by the Legislature and signed into law by the Governor.
True
QSAC, the Quality Single Accountability Continuum, is the New Jersey state law governing how to measure school district performance. School districts are reviewed every three (3) years under QSAC.
True
School officials may conduct searches at school functions which are off school premises.
True
To establish a HIB claim, a substantial disruption needs to be more that a momentary annoyance or passing issue.
True
True or false: The School Ethics Act, which prohibits conflicts of interest, applies to school administrators and to school board members.
True
Which of these are correct as to a school district's duty to maintain emails?
When a school district receives notice of potential litigation, it must act to maintain all emails that may in any manner be relevant to the potential litigation. In addition, a school district must maintain all emails that constitute "student records" under state and federal student records laws and must maintain other emails that meet the definition of "public records" under the Open Public Records Act.
When must a certified school district employee be provided with a Corrective Action Plan?
Whenever the employee is rated Partially Effective or Ineffective on a summative evaluation.
Under TEACHNJ, when is a superintendent required to file tenure charges against a tenured teaching staff member?
Whenever the teaching staff member receives two consecutive annual summative evaluations of ineffective.
In order for the Commissioner of Education to consider an allegation of violation of New Jersey's education laws, in Title 18A of the New Jersey statutes, a petition must be filed within what time period?
Within ninety (90) days of when the petitioner knew or should have known of the action in question.
In order for the School Ethics Commission to consider an allegation of violation of New Jersey's School Ethics Act, a petition must be filed within what time period?
Within one hundred eighty days (180) days of when the petitioner knew or should have known of the action in question.
Non-tenured staff members who are recommended for non-renewal have the following due process rights.
Written notification of non-renewal by the superintendent
May a staff member against whom tenure charges are filed be suspended without pay?
Yes, but only for 120 calendar days, after which pay would resume
Can a public school student be disciplined for behavior that occurs away from school premises?
Yes, if the conduct causes or reasonably may cause a material and substantial disruption in the operation of schools and has the potential to impact the health of safety of students or staff.
May public schools ever act to prevent students from expressing views at school relating to sexual issues?
Yes, if the student expression is lewd, vulgar, indecent or plainly offensive.
Can prayer be permitted at public school events such as graduations and athletic events?
Yes, prayer is permissible but only if the prayer is initiated by students, is voluntary and does not disrupt the school environment. Prayer is not permissible if the prayer is selected or led by a school representative.
May public school students express views that are directly opposed to school district policies?
Yes, unless expressing their views will substantially disrupt the work and discipline of the school.
Bill Johnson is a staff member who has served for four years as an elementary school principal, but then the district closes one elementary school due to declining enrollment. He has less seniority than the other elementary school principals. Does he have the right to become high school principal since the current high school principal was only hired a year ago and has not accrued tenure?
Yes. A tenured staff member may always assert his or her tenure to a given position, in this case principal, irrespective of seniority, over that of a non-tenured staff member. This means that the rights of tenure in a given position, in this case principal, always trump the rights of a non-tenured holder of the position, regardless of grade level.
During several of her lunch breaks, while on the School District's computer server and utilizing a District electronic device, Ms. Eyebem, a tenured teacher, accessed several pornographic sites. The District's IT Department became aware of Ms. Eyebem's on-line activity on the District server, and notified the Administration. The District then confiscated and searched the electronic device that had been issued to Ms. Eyebem, and discovered numerous inappropriate photographs, Internet searches and activity, and now intends to discipline Ms. Eyebem for violation of the District's Use of Electronics Policy. Did the District act appropriately in this situation?
Yes. Ms. Eyebem has no expectation of privacy when utilizing the School District server or a District electronic device. Both the District server and electronic devices are only to be used for educational purposes.
Ms. Einstein teaches an Algebra Class for the District. During one of her classes, she deviates from the approved lesson plan, and instead leads a discussion about current day politics, because she is upset about something she heard on the news the previous evening. During this discussion, she divulges her personal political party affiliation, and makes derogatory and insulting comments about the opposing political party. Several of her students are upset by this discussion. By the next day, the District has been contacted by many parents that are upset that their children were subjected to a political rant in an Algebra Class. Does the District have the ability to discipline Ms. Einstein for her classroom political discussion?
Yes. This political discussion has no pedagogical purpose in an Algebra class, and the reaction of the students and parents demonstrates that the political discussion caused a substantial disruption
A board member is concerned about the way in which sex education is taught at the middle school level in her district. She meets with the district's Assistant Superintendent for Curriculum to propose changes to the health curriculum, and circulates suggestions for appropriate lesson plans to the middle school nurse, health teacher and principal. Has she violated the Code of Ethics for School Board Members?
Yes. Yes, she violated the requirement to "carry out the responsibility, not to administer the schools, but together with fellow board members, to see that they are well-run."