ASSEMBLY, No. 240

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen GARCIA and DORIA

An Act concerning certain employees of regional school districts and amending P.L.1975, c.360.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 14 of P.L.1975, c.360 (C.18A:13-64) is amended to read as follows:

    14. All employees of the regional district shall continue in their respective positions in the withdrawing district, or in each of the constituent districts in the event of a dissolution, and all of their rights of tenure, seniority, pension, leave of absence and other similar benefits shall be recognized and preserved and any periods of prior employment in the regional district shall count toward the acquisition of tenure to the same extent as if all such employment had been under the withdrawing district or in any of the constituent districts in the event of a dissolution. In the event of a withdrawal, any tenured employee in a school located in the withdrawing district who desires to remain in the employ of the regional district, and whose seniority under existing tenure laws so permits, may apply for and shall be granted a transfer to a position with the regional district for which he is certified which is vacant, held by a tenured employee with less seniority or by an employee without tenure; applications for such transfers shall be made within 45 days of the date of the special school election at which the withdrawal was approved. Should any tenured employee in the withdrawing district be so transferred to a position in the regional district, any other employee in the regional district who is removed from his employment by reason of the transfer is transferred to the withdrawing district with the same rights of tenure, seniority, pension, leave of absence and other similar benefits as if all of his employment had been in the withdrawing district.

(cf: P.L.1993, c.255, s.13.)

    2. This act shall take effect immediately.

STATEMENT

    P.L.1975, c.360 (C.18A:13-51 et seq.) established a procedure for withdrawal from a limited purpose regional school district.

    The original legislation did not provide for the eventuality of a tenured employee of the withdrawing constituent district electing to remain in the regional district forcing the removal from employment of a teaching staff member in the regional district.

    This bill would provide that a teaching staff member who loses employment due to a constituent regional district withdrawal and resultant transfers shall be transferred to the withdrawing district with the same rights of tenure, seniority, pension, leave of absence and other similar benefits as if all of his employment had been in the withdrawing district.

Provides that tenured employees who lose employment due to transfers in regional school district withdrawals are transferred to withdrawing district.