Arrest Reporting Requirements for Certificated Staff, N.J.A.C. 6A:9-17.1(c), a new subsection, requires that certificate holders report to their superintendent within 14 days if they are arrested or indicated for any crime or offense by any jurisdiction, and to report within seven days the final disposition of such charges. In addition, this proposed new section would require school districts to make the reporting requirements known to certificate holders. The new subsection reads as follows:
(c) All certificated holders shall report their arrest or indictment for any crime or offense to their superintendent within 14 calendar days. The report shall include the date of arrest of indictment and charge(s) lodged against the certificate holder. Such certificate holders shall also report to their superintendents the disposition of any charges within seven calendar days of disposition. Failure to comply with these reporting requirements may be deemed "just cause" pursuant to N.J.A.C. 6A:9-17.5. School districts shall make these requirements known to all new employees and to all employees on an annual basis.
There are several key points.
- Some school districts have started to circulate the memo to satisfy the notice requirement that is noted in the new section.
- It applies to all certificate holders - not just those who are in a position requiring a certificate.
- Failure to comply with this new reporting requirement constitutes "just cause" pursuant to 6A:9-17.5.
- N.J.A.C. 6A:9-17A is the section of code that authorizes the Board of Examiners to issue an order to show cause as part of a certificate revocation proceeding.
- The State Board of Examiners is not an agency that you want to have control over your professional life.
- Note "any crime" means the arrest could be as simple as unpaid parking tickets.
As you can see, there could be serious consequences as a result of this new requirement. It is important that all members be notified of this change. Urge members to work through the association from the very beginning on these issues.
It is our understanding that it went into effect January 5, 2009. As always, feel free to contact this office with any questions you may have or for assistance with defending members on this matter.
