4111 Recruitment, Selection and Hiring

THE NORTHFIELD BOARD OF EDUCATION FILE CODE: 4111

Northfield, New Jersey X Monitored

X Mandated

Policy X Other Reasons

RECRUITMENT, SELECTION AND HIRING

The Northfield Board of Education believes that the quality of the professional staff in large part determines the quality of the education offered district pupils. Therefore, the superintendent shall have the responsibility of locating and recruiting the best qualified candidates to provide for the identified needs of district pupils.

Provisional teaching candidates shall be given equal consideration with all other candidates for teaching positions. The Superintendent shall follow all requirements of the administrative code in providing the necessary training program for all teachers hired with provisional certificates.

All teachers hired by the board for programs in the district supported with Title , part A funds shall be highly qualified, as defined by federal law. All teachers of core academic subjects (English, reading/language arts, mathematics, science, foreign languages, civics/government, economics, arts, history and government) hired by the board shall be highly qualified.

It shall be the duty of the superintendent to see that persons nominated for employment shall meet all qualifications established by state or federal law, including the completion of a criminal history check, proof of citizenship or eligible alien status, and certification for the type of position for which nomination is made.

The superintendent shall take steps to verify the academic credentials of any potential candidate for employment, and ensure any degrees cited, academic coursework or credits completed, or titles claimed by an individual have been granted by an accredited institution of higher education. For Superintendent candidates, the board shall take similar steps. This includes, but is not limited to, ensuring the candidate supplies official transcripts to verify that credentials are from an accredited institution. The board secretary shall have responsibility for ensuring the documents are received, verifying credentials, and reporting to the board on the process. Documents shall not be accepted from non-accredited institutions or any fraudulent source.

The superintendent shall recommend for employment those individuals who, in his/her opinion, are best qualified to fill the vacancy without regard to race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership status, familial status, liability for service in the Armed Forces of the United States, nationality, atypical hereditary cellular or blood trait of any individual, disability or because of genetic information or refusal to submit to or make available the results of a genetic test, pregnancy or other conditions not related to the duties and responsibilities of the job.

The superintendent shall prepare and maintain job descriptions that define the duties, responsibilities and qualifications required for each position. The board shall adopt those job descriptions required by law or code and others as appropriate.

The board shall not pay tuition reimbursement, salary increases, or approve promotions for any employee based on credits earned from a non-accredited institution. If a current employee is found to have obtained employment, tuition reimbursement or increased salary based on documents or credentials obtained from a non-accredited institution, the board will take appropriate action, up to and including the possible discharge of the individual and/or obtaining a refund of the tuition reimbursement or increased salary.

The superintendent in determining the candidates to be nominated shall seek information whenever possible from the candidate’s prior employers.

The board shall affirm employment and initial placement on the salary guide by a recorded roll call majority vote of the full membership of the board.

The board shall appoint all staff members only from nominations made by the Superintendent. Should a nominee be rejected, it shall be the duty of the Superintendent to make other nominations.

Residency Requirements

Every employee hired by the board shall have their principal residence with the State of New Jersey. For the purposes of this policy an employee may have only one principal residence which shall be defined as:

1. Where the employee spends the majority of their nonworking time;
2. Is most clearly the center of the employee’s domestic life; and
3. The employee’s designated legal address and legal residence for voting.

The fact that an employee is either domiciled or owns a home or property in the State of New Jersey shall not by itself satisfy the requirement of principal residence.

Exemptions

1. An employee hired on or after September 1, 2011 who is not a resident when hired shall receive one year to establish residency in New Jersey. If the employee fails to establish residency within that year, he/she shall be deemed unqualified for employment and shall be removed pursuant to N.J.S.A. 52:14-7(d);

 

1. An existing employee who was not a resident of New Jersey on or prior to September 1, 2011 is exempted from this policy, if he/she has not had a break in public service for a period of time greater than seven days;
2. An employee hired by the district who was a non-resident public employee prior to September 1, 2011 is exempted from this policy, unless he/she has not had a break in public service for a period of time greater than seven days;
   1. A break in public service shall be defined as an actual separation from employment for more than seven calendar days due to such causes as resignation, retirement, layoff, or disciplinary removal. But a leave of absence shall not be considered a break in public service.
3. An employee may request an exemption to the State committee formed under N.J.S.A. 52:14-7 on a basis of critical need or hardship. The decision on whether to approve an application of the employee shall be made by a majority vote of this committee. If this committee fails to act within 30 days after receipt of the employee’s application, no exemption shall be granted and the residency requirements set forth in this policy shall be in effect.

Employment History – Definitions

For the purpose of this policy:

1. “Child abuse” means any conduct that falls under the purview and reporting requirements of law (P.L. 1971, c.437; N.J.S.A. 9:6-8.8 et seq.) and is directed toward or against a child or student, regardless of the age of the child or student (see also board policy 5141.4 Missing, Abused and Neglected Children);
2. “Sexual misconduct” means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent or erotic contact with a student.

Required Disclosure of Employment History

The board shall require all applicants for employment and applicants to provide contracted services for positions and services that involve regular contact with students to provide the following information:

1. A list, including name, address, telephone number and other relevant contact information of the applicant’s:
2. Current employer;
3. All former employers within the last 20 years that were schools; and
4. All former employers within the last 20 years where the applicant was in a position that involved direct contact with children;
5. A written authorization that consents to and authorizes disclosure of the information requested for the district to review the employment history and the release of related records by the applicant’s list of employers as detailed in “A” of this section, and that releases those employers from liability that may arise from the disclosure or release of records;
6. A written statement as to whether the applicant:
7. Has been the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency or the New Jersey Department of Children and Families. This is not required if the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
8. Has ever been disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct;
9. Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.

Review of the Employment History

A review of the employment history of the applicant shall be conducted and the employers listed by the applicant contacted. The dates of employment shall be requested and a statement as to whether the applicant:

1. Was the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency or the New Jersey Department of Children and Families. This is not required if the investigation resulted in a finding that the allegations were false or the alleged incident of child abuse or sexual misconduct was not substantiated;
2. Was disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or
3. Has ever had a license, professional license, or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.

The review of the employment history may be conducted through telephone or cellphone, electronic communication or written communications. If the review is conducted by telephone or cellphone the results of the review shall be documented in writing by the district employee assigned to conduct the review.

Any applicant who willfully provides false information or willfully fails to disclose information required shall be subject to discipline and including termination or denial of employment; may be deemed in violation of law (N.J.S.A. 2C:28-3); and may be subject to a civil penalty of not more than $500. Notification of these penalties shall be on all applications for employment for positions which involve regular contact with students.

Review of Out-of-State Employment History

A review of out-of-State employers that are part of the employment history of the applicant shall be conducted and the employers listed by the applicant contacted. The Superintendent or his or her designee shall ensure that the employment history review conducted with an out-of-State employer is documented with specificity as to the diligent efforts made to:

1. Verify the information provided by the applicant; and
2. Obtain the information requested from any out-of-State employers listed by the applicant.

Nondisclosure Agreements

The district shall not enter into a collectively bargained or negotiated agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:

1. Has the effect of suppressing or destroying information relating to an investigation related to a report of suspected child abuse or sexual misconduct by a current or former employee;
2. Affects the ability of the district to report suspected child abuse or sexual misconduct to the appropriate authorities;
3. Requires the district to expunge information about allegations or finding of suspected child abuse or sexual misconduct from any documents maintained by the district. This excludes allegations that are found to be false or alleged incidents of child abuse or sexual misconduct that have not been substantiated.

Implementation

The district may employ or contract with an applicant on a provisional basis for a period not to exceed 90 days pending the employment history review by the district provided that all of the following conditions are satisfied:

1. The applicant has complied and provided the information requested;
2. The district has no knowledge or information pertaining to the applicant that the applicant is required to disclose as part of the employment history review; and
3. That special or emergent circumstances exist that justify the temporary employment of the applicant.

When the review of an applicant’s employment history reveals that the applicant has a history of sexual misconduct or child abuse, the applicant shall be disqualified from employment with the district without grievance or appeals procedures or tenure proceedings pursuant to any collectively bargained or negotiated agreement or any law, rule or regulation.

The district shall respond to requests for employment history information pertaining to former or current district employees in compliance with law, within 20 days of the receipt of the request and former employee’s consent to release the information.

Information received about an applicant’s employment history shall not be a public record.

Adopted: March 26, 2012

NJSBA Review/Update: June 25, 2018

Readopted:

Key Words

Recruitment, Selection and Hiring; Hiring; Nondiscrimination; Affirmative Action, Background Check, Personnel Background Check, Domestic Partnership Act, Residency Requirements

Legal References: N.J.S.A. 10:5-1 et seq. Law Against Discrimination

N.J.S.A. 18A:3-15.2 Fraudulently issued, obtained, forged or altered degree or certification; use in connection with business or occupation

N.J.S.A. 18A:6‑5 Inquiry as to religion and religious tests prohibited

N.J.S.A. 18A:6-6 No sex discrimination

N.J.S.A. 18A:6‑7.1, -7.5 Criminal history record; employee in regular contact with pupils; grounds for disqualification from employment; exception

N.J.S.A. 18A:6-7.6 Employees; qualifications; discrimination, prohibitions

through N.J.S.A. 18A:6-7.13

N.J.S.A. 18A:6‑76.1 Deadline for notification to students of requirements

of provisional certificate and induction program

N.J.S.A. 18A:11-1 General mandatory powers and duties

N.J.S.A. 18A:13‑40 General powers and duties of board of newly created regional districts

N.J.S.A. 18A:16‑1 Officers and employees in general

N.J.S.A. 18A:26‑1, -1.1, ‑2 Citizenship of teachers, etc.

N.J.S.A. 18A:27-1 et seq. Employment and Contracts

See particularly:

N.J.S.A. 18A:27-4.1

N.J.S.A. 18A:54‑20 Powers of board (county vocational schools)

N.J.S.A. 26:8A-1 et seq. Domestic Partnership Act

N.J.S.A. 52:14-7 Residency Requirements

N.J.A.C. 6A:7‑1.1 et seq. Managing for Equality and Equity in Education

See particularly:

N.J.A.C. 6A:7-1.4,-1.8

N.J.A.C. 6A:9B-5.7  Citizenship requirement

N.J.A.C. 6A:9‑6.1 et seq. Types of Certificates

N.J.A.C. 6A:9-8.1 et seq. Requirements for Instructional Certification

N.J.A.C. 6A:9-11.1 et seq. Exceptions for the Requirements for the Instructional Certificate

N.J.A.C. 6A:9-12.1 et seq. Requirements for Administrative Certification

N.J.A.C. 6A:10:1.1 et seq. Educator effectiveness

N.J.A.C. 6A:30-1.1et seq. Evaluation of the Performance of School Districts

N.J.A.C. 6A:32‑4.1 Employment of teaching staff

N.J.A.C. 6A:32‑4.8 Support residencies for regularly certified, inexperienced first‑year principals

N.J.A.C. 6A:32-5.1 Standards for determining seniority

P.L. 2018, c.5 – regarding requirements for employment history review for child abuse

and sexual misconduct.

P.L. 2018, c.9 – regarding unlawful employment practices with respect to discrimination

in compensation or in the financial terms and conditions of employment

 

42 U.S.C.A. 2000e et seq. – Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunities Act of 1972

29 U.S.C.A. 794 et seq. – Section 504 of the Rehabilitation Act of 1973

8 U.S.C.A. 1100 et seq. – Immigration Reform and Control Act of 1986

 

42 U.S.C.A. 12101 et seq. – Americans with Disabilities Act (ADA)

No Child Left Behind Act of 2001, Pub. L. 107-110 20 U.S.C.A. 6301 et seq.

Old Bridge Education Association v. Old Bridge Township Bd. of Ed., 1986 S.L.D. 1917

Taxman v. Piscataway Bd. of Ed., 91 F. 3d 1547 (3d Cir. 1996)

 

The Comprehensive Equity Plan, New Jersey Department of Education

Possible

Cross References: 2130 Administrative staff

*2131 Superintendent

4000 Concepts and roles in personnel

*4111.1 Nondiscrimination/affirmative action

*4112.2 Certification

*4112.4 Employee health

4112.5 Criminal history check

*4112.6 Personnel records

*4112.8 Nepotism

*4121 Substitute teachers

*4222 Noninstructional aides

*5120 Assessment of individual needs

*6010 Goals and objectives

*Indicates policy is included in the Critical Policy Reference Manual.