New Jersey § 18a:6-17
Full text of New Jersey New Jersey Statutes § 18a:6-17, with citation guidance and answers to common questions.
§ 18a:6-17.
a. In the event that the matter before the arbitrator pursuant to section 22 of this
act 1 is employee inefficiency pursuant to section 25 of this act, 2 in rendering a decision the arbitrator shall only consider whether or not: (1) the employee's evaluation failed to adhere substantially to the evaluation process,
including, but not limited to providing a corrective action plan; (2) there is a mistake of fact in the evaluation; (3) the charges would not have been brought but for considerations of political affiliation,
nepotism, union activity, discrimination as prohibited by State or federal law, or
other conduct prohibited by State or federal law; or (4) the district's actions were arbitrary and capricious. b. In the event that the employee is able to demonstrate that any of the provisions
of paragraphs (1) through (4) of subsection a. of this section are applicable, the
arbitrator shall then determine if that fact materially affected the outcome of the
evaluation. If the arbitrator determines that it did not materially affect the outcome of the
evaluation, the arbitrator shall render a decision in favor of the board and the employee
shall be dismissed. c. The evaluator's determination as to the quality of an employee's classroom performance
shall not be subject to an arbitrator's review. d. The board of education shall have the ultimate burden of demonstrating to the arbitrator
that the statutory criteria for tenure charges have been met. e. The hearing shall be held before the arbitrator within 45 days of the assignment
of the arbitrator to the case. The arbitrator shall render a written decision within 45 days of the start of the
hearing. 1
L.2012, c. 26, § 22 (N.J.S.A. § 18A:6-17.1). 2
L.2012, c. 26, § 25 (N.J.S.A. § 18A:6-17.3).
Frequently Asked Questions About New Jersey § 18a:6-17
What does New Jersey Statutes § 18a:6-17 cover?
Section 18a:6-17 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 18a:6-17?
A common citation format is "New Jersey Statutes § 18a:6-17" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 18a:6-17 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.