EDUCATIONAL CONTROVERSIES EXAMINER 2 REPORT DIRECTLY TO: ASSISTANT COMMISSIONER OF EDUCATION IN CHARGE OF THE DIVISION OR DEPUTY ASSISTANT COMMISSIONER

Definition

Under the direction of the Assistant Commissioner of Education (or of the Deputy Assistant Commissioner when the Deputy is so designated to act in the place and stead of the Assistant Commissioner or of the Educational Controversies Examiner I of the Division in circumstances and situations when the Educational Controversies Examiner I has been designated as the appropriate authority), the Educational Controversies Examiner - II will perform duties assigned to the Division as outlined below.

Examples of work

• Perform all functions associated with the processing of formal petitions of appeal pursuant to NJSA 18A:6-9:
• Carry out procedures, including correspondence, to establish the pleadings.
• Preside at pre-hearing conferences. to define issues, arrange pro-hearing discovery, explore possibility of settlement, and arrange for hearings.
• Schedule filing of, receive, entertain, oral arguments on, and study briefs on such motions as to dismiss, for summary judgment, to strike the pleadings, for interim relief, etc. Rule on such motions and prepare decisions for signature of the Commissioner of Education.
• Rule on and supervise discovery and other pre hearing procedures such as interrogatories, stipulations of fact, depositions, exchange of information, lists of witnesses, issuance of subpoenas, etc.
• Conduct hearings as trier of fact on the merits of petitions applying the rules of evidence and the procedures of the civil courts, with such modifications as are authorized by Administrative Procedures Act.
• Examine witnesses, rule on admissibility of documents and evidence and direct and control orderly procedure.
• Research issues in case law.
• Prepare reports of findings of fact and argument at law, setting forth conclusions and recommendations.
• Prepare drafts of decisions for the signature of the Commissioner of Education.
• Conduct school election recounts, inquire into contested referendums and prepare the drafts of ensuing decisions.
• Ameliorate problems and dissipate controversy whenever possible.
• Consult with the Attorney General's Office to seek technical legal advice or to assist the Attorney General's Office in the preparation of cases in which the Department is involved as plaintiff, defendant, or amicus curiae.
• Review and/or prepare proposals and drafts of Department and State Board Rules and Regulations as to form and application.
• Maintain legal reference materials involving reading and analysis of court decisions of this State, other States and the Federal Courts.
• Prepare miscellaneous reports, as required, and prepare information materials for Division and Department publication.
• Represent the Division as consultant and resource person at conferences (individual and groups), and meetings and workshops within the Department and in the field. (e.g., consult at Department conferences and meetings, members of panels of county school board workshops, speakers at local in-service programs, consultants at local, county and State meetings of beards of education, presenters; of papers on such subjects as legal rights of pupils and other subjects of legal and general interest to various groups.)
• Serve on staff committees and represent the Commissioner and the Assistant Commissioner in charge of the Division of Controversies and Disputes on other committees, as directed. (e.g. Inter- departmental Health Committee, Child Labor Law Study Committee, A.C.L.U. Study Committee, Pupils' Rights and Responsibilities Study Groups)
• Provide legal information by conference, correspondence, telephone and speaking engagements to:
• The Commissioner, Assistant Commissioners, staff of the Department of Education, and County Superintendents of Schools.
• Boards of education and their officers.
• School employees at all levels.
• Pupils and parents.
• School district citizens.
• Federal agencies and other agencies of this and other states.
• Attorneys.
• Research and report to the Commissioner particular legal questions.
• Assume other miscellaneous responsibilities related to the work of the Division and the Department as needs arise and situations require.
• <b>JOB IMPACT </b>
• The nature of these positions and their responsibilities, with but a minute fraction of routine activities, could be considered almost entirely problem-solving, requiring the application of school law, civil law, and legal procedures to a wide range of legal problems, including, but not limited to, (1) the determining of school budget appeals amounting to many millions of dollars,
• (2) application of the law to the emotionally and socially charged questions of civil rights of pupils and teachers and matters of school integration,
• (3) tenure charges against teachers and administrators where community feeling is highly polarized,
• (4) delicate questions of the educational rights of mentally, emotionally, or physically-handicapped children.
• The quality of conduct of hearings, finding of fact, and legal reasoning must be such as to reflect the soundness of the Commissioner's legal and educational judgment, of such a nature that the Commissioner's decisions will, in the main, sustain appeals before the State Board of Education and the appellate courts.
• In discharging this quasi-judicial function, legal precedents are established which have the force of law and upon which the Courts, other tribunals, attorneys, school officials, and others concerned rely in relevant matters.
• These determinations establish policies which affect all school districts in New Jersey and which may control or alter educational practice in far-reaching and significant ways. The determination of issues related to racial discrimination, separation of church and state, local appropriations of funds for school purposes, employer-employee relationships, the rights, privileges and responsibilities of parents, pupils, teachers, school officials, and similar matters affect the lives of all citizens of the State and is a responsibility which must be discharged in a highly competent matter. Results of many of the functions carried out, although significant and far-reaching, cannot be measured objectively.
• The quality of legal information given to inquirers at the local level must be such as will either provide for settlement short of formal litigation or, if such litigation is necessary, assure that the issues are clearly and precisely set forth. This requires not only an understanding of the statutory and common law, but an appreciation of the problems of school operation and administration.
• <b>REQUIREMENTS
• EDUCATION </b>
• Graduation from an accredited college with a Bachelor's Degree, supplemented by a Master's Degree.
• <b>OTHER QUALIFICATIONS </b>
• The unusual nature of these positions requires careful selection of personnel. The basic qualifications that are required are:
• Five (5) years of successful experience in school administration (e.g., local superintendent, local principal, etc.).
• Possession of a School Administrators Certificate.
• Articulateness in speaking and writing
• Absolute integrity.
• Maturity of judgment.
• Judicial habits of thought and temperament.
• High level of intelligence and ability to reason objectively and abstractly.