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Readoption of N.J.A.C. 6A:32

Readoption of N.J.A.C. 6A:32. School District Operations. History of N.J.A.C. 6A:32 Rulemaking.

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Readoption of N.J.A.C. 6A:32

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  1. Readoption ofN.J.A.C. 6A:32 School District Operations

  2. History of N.J.A.C. 6A:32 Rulemaking • 2004 Discussion paper presented, which led to combining three sets of rules School Districts (6:3), Thorough and Efficient System of Free Public Schools (6:8) and Paraprofessional Approval (6A:9-7), into a new chapter, School District Operations (6A:32) • August 3, 2005 N.J.A.C. 6A:32 adopted • November 13, 2013 - Amendments adopted, which included Governor’s Task Force recommendations • May 7, 2014First discussion of readoption with amendments – necessary since code will sunset in September

  3. Highlights of Substantive Changes • Definition for Statement of Assurance (6A:32-2.1) Broaden to mean any SOA that the chief school administrator must submit to Department affirming compliance with certain rules in this chapter • Access to Personnel Records (6A:32-4.3) Align with TEACH NJ, which exempts the evaluations of employees and supervisors from Open Public Records Act requirements

  4. Seniority (6A:32-5) • 5.1 (b) – Add language “except for leaves of absence or suspension from confirmed discipline,” to clarify that a district board of education cannot credit leaves of absence or suspension from confirmed discipline, when making a seniority determination • 5.1(e) & (g) - Add clarifying references to Professional Licensure and Standards (N.J.A.C. 6A:9)

  5. School Employee Physical Examinations (6A:32-6) • Align more closely with law regarding physical exams (N.J.S.A. 18A:16-2) • Provide separate requirements for physical and psychiatric examinations of current board employees and candidates who have received a conditional offer of employment • Allow districts to include testing for use of controlled or dangerous substances in physical exams of candidates for employment • Limit access of medical files to only the district’s medical inspector and officers from the State health department

  6. Student Records (6A:32-7) • Delete reference to “emancipated minor” at 7.1 because the term is included in the definition of “adult student” • Create a new provision -7.5(e)13 - to increase student records access by State or local child welfare agency caseworkers when they are legally responsible for the student; align rules with FERPA amendments - • Create a new provision – 7.6(a)4i - notice to parent is not required when parent is party to court proceeding involving child abuse/neglect or dependency matters; align with FERPA

  7. New Subchapter 14, Voter Registration Comply with the High School Voter registration Law (N.J.S.A. 18A:36-27) • Distribute voter registration materials (required by law) • Statement of Assurance affirming compliance with this rule, to be completed by school districts, charter schools, nonpublic schools and private agencies (DOE requirement to ensure compliance)

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