[§302A-609]  Causes for discharge ordemotion; preferred eligibility list.  Causes for the discharge or demotionof a teacher shall be inefficiency or immorality; wilful violations of policiesand rules of the department; or for other good and just cause.  The department,without a hearing, may terminate the tenure rights of a teacher who fails toreturn to service, except when caused by illness, following the expiration ofan approved leave of absence.  Teachers may also be dismissed because of adecrease in the number of pupils or for other causes over which the departmenthas no control.  Dismissals due to a decrease in the number of pupils or forcauses over which the department has no control shall begin with those teacherswith the least number of years of service.  The teachers so dismissed shall beplaced on a preferred eligibility list and shall have the right to be restoredto duty in the order of length of service whenever vacancies occur in which theteacher is qualified. [L 1996, c 89, pt of §2]

 

Attorney General Opinions

 

  Bargained for random drug testing program for public schoolteachers with appropriate procedural protections is constitutional and wouldnot violate either the federal or state Constitution.  If a court were to findsuch a program to violate either the federal or state Constitution, thedoctrine of qualified immunity would bar personal liability for any stateofficial; if a court were to impose personal liability, based upon past historyand practice, the legislature would fund payment of the claims.  Att. Gen. Op.08-1.