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Bill > S1744


NJ S1744

NJ S1744
Establishes disciplinary procedure for school board members when charged with certain crimes.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2010-2011 Regular Session

Bill Summary

This bill establishes a procedure for the removal of school board members who are charged with a crime of the first, second, or third degree. Under the bill, county prosecutors are directed to notify the Commissioner of Education when any school board member has been charged with a crime of the first, second, or third degree that involves a minor. The notice would be forwarded to the School Ethics Commission. The commission would review the charge and recommend to the commissioner that the person be immediately removed or that no action be taken against the person. When the recommendation is made, a notice and an explanation of the recommendation would be sent to the school board member. The commissioner is given 10 days to adopt, reject, or modify the recommendation of the commission. Based upon whether the school board member is indicted, convicted or acquitted, the School Ethics Commission could reconsider its recommendation. If the commissioner adopts the recommendation that the school board member be immediately removed, the member would be served with a notice of disciplinary hearing. The hearing must be limited to a determination of whether the public interest is best served by the removal of the school board member. Within 30 days of the hearing, the commission would make a final recommendation and state its findings in writing. The commissioner would act on the commissions recommendation by providing the school board member with a statement of final action by personal service or certified mail. This bill is intended to establish a procedure for the possible removal of school board members who are charged with certain serious crimes. It creates a quick and affirmative State response to matters which are currently left up to the discretionary authority of local school boards. It also recognizes the need to protect the welfare and confidence of pupils, parents, and school staff with regard to school board members when a member has been charged with certain crimes.

AI Summary

This bill establishes a disciplinary procedure for school board members charged with certain serious crimes, specifically those of the first, second, or third degree that involve a minor. When a county prosecutor learns of such a charge against a school board member, they must notify the Commissioner of Education, who will then inform the School Ethics Commission. This commission will review the charge and recommend to the Commissioner whether the member should be immediately removed or if no action is necessary, providing the member with notice and an explanation of their recommendation. The Commissioner has 10 days to accept, reject, or modify the commission's recommendation, and the commission can reconsider its recommendation based on subsequent legal proceedings like indictment, conviction, or acquittal. If the Commissioner decides on immediate removal, the school board member will receive a notice for a disciplinary hearing, limited to determining if removal serves the public interest, after which the commission will make a final written recommendation and the Commissioner will issue a final action. This process aims to ensure a swift and consistent state-level response to protect students, parents, and staff by addressing concerns about school board members facing grave accusations.

Committee Categories

Education

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Education Committee (on 03/11/2010)

bill text


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bill summary

Document Type Source Location Created
Bill https://www.njleg.state.nj.us/2010/Bills/S2000/1744_I1.HTM 05/28/2012
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