First Look at Executive Order #214

To Our School Board Community:

On January 11, 2021, Governor Murphy signed Executive Order No. 214 regarding the implementation of new policies for the 2020-2021 school year. Specifically, the Executive Order implements the following:

  1. The statutory graduation proficiency test requirement mandated by N.J.S.A. 18A:7C-2 et seq. is waived for seniors who have not yet met the graduation test requirement but who have met all of the credit, curriculum, and attendance requirements for graduation.
  • The requirements of N.J.S.A. 18A:6-123(b)(3) (provision allowing the district, in which a standardized test is not required, to determine the methods for measuring student growth) and (b)(6) (provision ensuring that performance measures used in the rubric are linked to student achievement) are waived and student growth data shall not be used as a measure of educator effectiveness in the overall evaluation of any educator.
  • Individuals holding either a certificate of eligibility or a certificate of eligibility with advanced standing working in an area not authorized by their credentials may fill vacant teaching positions for up to 40 school days. Such individuals, as well as those employed as substitutes, may serve for an additional 20 school days upon a school district’s written application to the Commissioner of Education demonstrating:
  • The district’s efforts and inability to hire appropriately certified teacher for the position within the 40-day period; and
  • The individual serving as substitute is subject to periodic monitoring by a supervisor.

The Executive Order also notes that the Commissioner of Education will issue further guidance clarifying the requirements in Paragraph 3, sections (a) and (b).

Our e-mails about recent developments are not intended to substitute for our legal advice to our clients based on your specific needs or requests.  In addition, our guidance is subject to, and can be superseded by new laws, rules, regulations, or orders.  Moreover, some directives from the Federal and State authorities can appear, and can be, contradictory or in conflict, so please contact us for assistance. As always, please contact us with any questions. We will continue to do our best to keep you updated in the coming days and weeks.

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