Cleary Giacobbe Alfieri Jacobs partner Arsen Zartarian’s article “Developments in Applications to Suspend Teaching Certificates for Failure to Provide Required Notice – Recent Laws, Court Decisions, Staffing and Societal Challenges Impact Standards” was recently featured in the October 2024 edition of New Jersey Lawyer magazine. 

The article discusses the recent challenges in maintaining the consistent delivery of educational services, particularly in light of staffing shortages exacerbated since the COVID-19 pandemic, and examines the developing caselaw under statutory provisions that protect school districts in instances where teachers leave with insufficient notice.

New Jersey law requires teachers, both tenured and non-tenured, to provide a certain period of notice before resigning, aimed at allowing districts to find replacements without disrupting educational services. However, many teachers are leaving positions on short notice to seek other opportunities, prompting school administrators to threaten suspension of teaching certificates as a deterrent. The New Jersey Commissioner of Education has discretion in these cases, with a history of suspending certificates for a year when teachers abandon their contracts without proper notice.

Most cases result in strict penalties, but some recent decisions suggest a more lenient approach towards teachers’ actions, raising concerns about consistency with statutory intent. These outlier cases indicate potential shifts in how the law may be applied, balancing individual circumstances against the broader educational needs of students.

Overall, the article highlights the critical interplay between staffing, legal obligations, and the need to protect integrity amidst evolving challenges in the educational landscape.