New Jersey Statutes

N.J. Stat. § 18A:6-11 (2026)

Written charges, statement of evidence; filing; statement of position by employee; certification of determination; notice

✓ current as of May 2026
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18A:6-11. Any charge made against any employee of a board of education under tenure during good behavior and efficiency shall be filed with the secretary of the board in writing, and a written statement of evidence under oath to support such charge shall be presented to the board. The board of education shall forthwith provide such employee with a copy of the charge, a copy of the statement of the evidence and an opportunity to submit a written statement of position and a written statement of evidence under oath with respect thereto. After consideration of the charge, statement of position and statements of evidence presented to it, the board shall determine by majority vote of its full membership whether there is probable cause to credit the evidence in support of the charge and whether such charge, if credited, is sufficient to warrant a dismissal or reduction of salary. The board of education shall forthwith notify the employee against whom the charge has been made of its determination, personally or by certified mail directed to his last known address. In the event the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal or reduction of salary, then it shall forward such written charge to the commissioner for a hearing pursuant to N.J.S.18A:6-16, together with a certificate of such determination. The consideration and actions of the board as to any charge shall not take place at a public meeting.

Notes of Decisions
Cited in 18 cases (7 in the last 5 years), 1980–2024 · leading case: Felicia Pugliese v. State-Operated Sch. Dist. of The City of Newark, 114 A.3d 786 (N.J. Super. Ct. App. Div. 2015).
Felicia Pugliese v. State-Operated Sch. Dist. of The City of Newark, 114 A.3d 786 (N.J. Super. Ct. App. Div. 2015). · cites it 3× “" N.J.S.A. 18A:6-11. If "the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal .”
Belleville Educ. Ass'n v. Belleville Bd. of Educ. (In re Belleville Educ. Ass'n), 190 A.3d 487 (N.J. Super. Ct. App. Div. 2018). “" N.J.S.A. 18A:6-11. If "the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal .”
Williams v. Red Bank Bd. of Educ., 508 F. Supp. 989 (D.N.J. 1981). · cites it 3× “See N.J.S.A. 18A:6-11. The Board provided plaintiff with notice of the charges and the evidence and plaintiff filed a statement of position on May 27, 1980.”
Wichert v. Walter, 606 F. Supp. 1516 (D.N.J. 1985). · cites it 2× “NJ.Stat. Ann. § 18A:6-11. After affording the employee an opportunity to respond, the Board of Education must consider the charges and the response and determine whether there is probable cause to support the charges, and whether the charges are sufficient to warrant either…”
Christine Gillespie v. Clifford Janey, 441 F. App'x 890 (3d Cir. 2011). · cites it 2× “Latiboudere 2 of the District’s Office of General Counsel issued a Notice of Proposed Action to Gillespie informing her that tenure charges had been filed against her pursuant to the New Jersey Employees’ Tenure Act (the “Tenure Act”), N.J. Stat. Ann. § 18A:6-11. The charges…”
Bound Brook Bd. of Educ. v. Glenn Ciripompa, 124 A.3d 1205 (N.J. Super. Ct. App. Div. 2015). “N.J.S.A. 18A:6-11. The board must provide the teacher with a copy of the charges and statement of evidence and afford the teacher an opportunity to submit a written statement.”
Emri v. Evesham Twp. Bd. of Educ., 327 F. Supp. 2d 463 (D.N.J. 2004). · cites it 3× “See N.J.S.A. 18A:6-11. 12 The Evesham Township Board of Education followed the statutory scheme by providing Ms.”
Marcella Simadiris Vs. Paterson Pub. Sch. Dist. (l-1674-19, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). · cites it 25× “18A:6-10 to -25, which declares that a charge against a tenured employee "shall not" be discussed "at a public meeting," N.J.S.A. 18A:6-11, with that part of the Open Public Meetings Act, N.”
Felicia Pugliese Vs. State-operated Sch. Dist. of the City of Newark, Essex Cnty. (c-000215-16, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). · cites it 3× “3 A-2196-16T1 (PIP), which allowed her ninety-days to correct and overcome the inefficiency, as required by the terms of N.J.S.A. 18A:6-11 and N.J.A.C. 6A:3-5.1(c)(4), then in effect.”
R.D.A. Vs. Hunterdon Cent. Reg'l High Sch. Dist. Bd. of Educ. (l-0128-17, Hunterdon Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “N.J.S.A. 18A:6-11. The Tenure Act expressly states that a board's consideration and action "as to any charge shall not take place at a public meeting.”
Larhonda Ragland Vs. Bd. of Educ. of the City of Newark, Etc. (c-000142-19, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “See N.J.S.A. 18A:6-11; N.J.S.A. 18A:6-16. If the matter is before an arbitrator based on a teacher's charge of inefficiency, the arbitrator "shall only consider" the following four defenses: A-0430-19T1 8 (1) the employee's evaluation failed to adhere substantially to the…”
Glenn Ciripompa Vs. Bd. of Educ. of the Borough of Bound Brook, Somerset Cnty. (new Jersey Comm'r of Educ.) (N.J. Super. Ct. App. Div. 2021). “See N.J.S.A. 18A:6-11. Pursuant to N.J.S.A 18A:6-14, which permits a board to suspend a charged person without pay for 120 days, the Board suspended plaintiff without pay from the July 17, 2014 certification date to and including November 14, 2014.”
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