01-17-08 A-1120-06T3
The Department of Education properly denied a petition for
an amendment to an administrative rule which recognizes that, in
certain circumstances, a State district superintendent may make
probable cause determinations in tenure proceedings for school
employees. The regulation is consistent with the statutes that:
permit the State to intervene in the operation of local school
districts; grant broad power to the State district
superintendent to make personnel decisions; and limit the powers
of the board of education for the district. The rule was
adopted in accordance with the notice requirements of the
Administrative Procedure Act, N.J.S.A. 52:14B-1 to -15; and
tenured employees are not denied procedural due process when
probable cause determinations are made by the State district
superintendent rather than by the district board of education.
