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S3476
SENATE, No. 3476
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 12, 2026
Sponsored by:
Senator� KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
Senator� ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
���� Establishes mediation process for school ethics
complaints.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning school ethics complaints and amending
P.L.1991, c.393.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.���
Section
9 of P.L.1991, c.393 (C.18A:12-29) is amended to read as follows:
����
9.
a. Any person, including a member of the commission, may file a complaint
alleging a violation of the provisions of
[
this
act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.)
or the Code of Ethics for School Board Members
as set forth in section 5 of P.L.2001, c.178 (C.18A:12-24.1), by submitting it,
on a form prescribed by the commission, to the commission.� No complaint shall
be accepted by the commission unless it has been signed under oath by the
complainant.� If a member of the commission submits the complaint, the member
shall not participate in any subsequent proceedings on that complaint in the
capacity of a commission member.� If a commission member serves on the school
board of, or is employed by, the school district which employs or on whose
board the school official named in the complaint serves, the commission member
shall not participate in any subsequent proceedings on that complaint.
���� b.��� Upon receipt of a
complaint, the commission shall serve a copy of the complaint on each school
official named therein
[
and
]
. The
commission shall provide an opportunity for a complainant and any school
official named in the complaint to engage in mediation to determine whether the
complaint may be dismissed without further proceedings.� If the complainant and
any school official named in the complaint agree to mediation, the commission
shall assign a mediator to conduct a mediation conference.� Prior to
commencement of the mediation conference, the mediator shall require the complainant
and any school official named in the complaint to sign a confidentiality pledge
to ensure that discussions during the mediation conference remain confidential.�
����
If the mediation results in
the complainant dismissing the complaint, the complainant and any school
official named in the complaint shall sign a written agreement that
memorializes the dismissal of the complaint.
����
If a resolution is not
reached through mediation, the commission
shall provide each named school
official with the opportunity to submit a written statement under oath.� The
commission shall thereafter decide by majority vote whether probable cause
exists to credit the allegations in the complaint.� If the commission decides
that probable cause does not exist, it shall dismiss the complaint and shall so
notify the complainant and any school official named in the complaint. The
dismissal shall constitute final agency action. If the commission determines
that probable cause exists, it shall refer the matter to the Office of
Administrative Law for a hearing to be conducted in accordance with the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
and shall
[
so
]
notify the
complainant and each school official named in the complaint.
���� In making a determination
regarding an alleged violation of the Code of Ethics for School Board Members,
the burden of proof shall be on the accusing party to establish factually a
violation of the code.� A decision regarding a complaint alleging violations of
the code shall be rendered by the commission within 90 days of the receipt of
the complaint by the commission.
���� c.���� Upon completion of the
hearing, the commission, by majority vote, shall determine whether the conduct
complained of constitutes a violation of
[
this
act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.)
, or in the case of a board member,
[
this act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.)
or the code of ethics, or whether the complaint
should be dismissed. If a violation is found, the commission shall, by majority
vote, recommend to the commissioner the reprimand, censure, suspension, or
removal of the school official found to have violated
[
this act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.)
, or in the case of a board member,
[
this act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.)
or the code of ethics.� The commission shall
state in writing its findings of fact and conclusions of law.� The commissioner
shall then act on the commission's recommendation regarding the sanction.
���� d.��� Any appeal of the
commission's determination regarding a violation of
[
this act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.)
, or in the case of a board member,
[
this act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.)
or the code of ethics, and of the
commissioner's decision regarding the sanction shall be in accordance with the
provisions of P.L.2008, c.36 (C.18A:6-9.1 et al.).
���� e.���� If prior to the hearing
the commission determines, by majority vote, that the complaint is frivolous,
the commission may impose on the complainant a fine not to exceed $500.� The
standard for determining whether a complaint is frivolous shall be the same as
that provided in subsection b. of section 1 of P.L.1988, c.46 (C.2A:15-59.1).
���� f.���� Notwithstanding the
provisions of subsections c. and d. of this section, the commission shall be
authorized to determine and impose the appropriate sanction
,
including
reprimand, censure, suspension or removal of any school official found to have
violated
[
this
act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.)
who is an officer or employee of the New Jersey
School Boards Association.� Any action of the commission regarding a violation
of P.L.1991, c.393 (C.18A:12-21 et seq.) or the sanction to be imposed in the
event that the school official involved is an officer or employee of the New
Jersey School Boards Association shall be considered final agency action and an
appeal of that action shall be directly to the Appellate Division of the
Superior Court.
(cf: P.L.2008, c.36, s.5)
���� 2.��� Section 14 of P.L.1991,
c.393 (C.18A:12-34) is amended to read as follows:
���� 14.� The State Board of
Education
[
may
]
shall
promulgate regulations pursuant to the
[
"Administrative
Procedures Act,"
]
"Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et
seq.), to effectuate the purposes of
[
this
act
]
P.L.1991,
c.393 (C.18A:12-21 et seq.) and P.L.��� , c.���� (C.������� ) (pending before
the Legislature as this bill)
.�
(cf: P.L.1991, c.393, s.14)
���� 3.��� This act shall take
effect on the first day of the sixth month next following the date of the
enactment, except that the State Board of Education and School Ethics
Commission may take any anticipatory administrative action in advance as may be
necessary for the implementation of this act.
STATEMENT
���� This bill establishes a
mediation process for school ethics complaints.� Under the bill, the School
Ethics Commission is required to provide an opportunity for a complainant and
any school official named in the complaint to engage in mediation to determine
whether the complaint may be dismissed without further proceedings.� If the
complainant and any school official named in the complaint agree to mediation,
the commission is required to assign a mediator to conduct a mediation
conference.� Prior to commencement of the mediation conference, the mediator is
to require the complainant and any school official named in the complaint to
sign a confidentiality pledge to ensure that discussions that occur during the
mediation remain confidential.�
���� If the mediation results in
the complainant dismissing the complaint, the complainant and any school
official named in the complaint are required to sign a written agreement that
memorializes the dismissal of the complaint.� However, if the complainant does
not dismiss the complaint after the mediation conference, the commission is
required to follow the current procedure established by law to determine
whether a school official has violated the �School Ethics Act,� or a school
board member has violated the Code of Ethics for School Board Members.