NJASA Legal Department Research Services - June 2018

While the United States and New Jersey Constitutions protect citizens’ freedom of speech, the speech of public school employees made in connection with their official duties does not enjoy the same protection. This Administrative Guide is the first part of a series discussing free speech rights of public school employees; it also provides guidance for school officials who may consider taking action based upon an employee’s speech.

In addition, the School News Briefs reviews four new cases including one in which the Appellate Division affirmed an arbitrator’s decision dismissing a tenured school nurse for incapacity. The arbitrator ruled that the report and opinion of the psychologist hired by the district was sufficient to sustain the charge.

The June 2018 Impact on Negotiations also reviews four cases including one in which PERC found that the board of education has the managerial prerogative to assign teachers to administer state-mandated standardized tests, but the association’s grievance claiming increase in workload must proceed to arbitration.

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