N.J. Admin. Code § 6A:23A-3.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 6A:23A-3.2 - Required actions relative to early termination of superintendent

(a) Pursuant to N.J.S.A. 18A:17-20.2a, the district board of education shall submit to the Commissioner for prior approval an early termination of employment agreement for its superintendent that includes the payment of compensation as a condition of separation.

(b) Early termination of employment agreements shall only be for involuntary separation of the superintendent where the district board of education documents the separation agreement is in the best interests of the school district's students and/or operations.

(c) No payment of compensation as a condition of separation shall be made when the separation is the result of:

1. Indictment for a felony unless subsequently cleared or acquitted;

2. Conviction of a felony;

3. Documented cause such as gross mismanagement, purposeful waste, or fraud;

4. Revocation of the administrative certificate with a school administrator endorsement; or

5. Finding(s) of ethical violations by the School Ethics Commission.

(d) No early termination of employment agreement shall contain payment of compensation as a condition of separation when the existing employment contract already contains provisions for compensation as a condition of separation.

(e) No early termination of employment agreement shall include payment for unspecified future work or for work not actually performed, such as a retainer for unspecified consultation or for advice subsequent to separation.

(f) Early termination agreements shall not include the value of accrued, unused sick days except as permitted pursuant to N.J.S.A. 18A:30-3.5.

(g) Early termination agreements containing compensation for separation cannot exceed the lesser of the calculation of three months' pay for every year remaining on the contract with proration for partial years, not to exceed 12 months, or the remaining salary amount due pursuant to the contract, except as noted in the following:

1. The value of accrued, unused vacation days shall not exceed the sum of accrued, unused vacation days as of June 8, 2007, unused vacation days accrued in the school year in which the separation agreement is entered, and unused vacation days accrued in the year preceding the school year in which the separation agreement is entered, to the extent permitted pursuant to N.J.S.A. 18A:30-9, provided payment for accrued, unused vacation days is an express provision of the existing contract.

(h) No early termination of employment agreement shall include extended payment, payment for retroactive salary increases, bonuses, overtime, longevity, accrued vacation, or other time benefit, or any other benefit neither expressly contained in the employment agreement being terminated early nor earned according to performance or other criteria established in the agreement.

N.J. Admin. Code § 6A:23A-3.2

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Amended by 56 N.J.R. 2141(a), effective 11/4/2024