A730

ASSEMBLY, No. 730

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman GREGG

An Act concerning administrative personnel in the public schools, supplementing chapter 17 of Title 18A of the New Jersey Statutes and revising parts of the statutory law.

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

1. (New section) For the purposes of this act, an "administrative position" shall mean any of the following positions: assistant superintendent of schools, secretary of a board of education, assistant secretary of a board of education, school business administrator, business manager of a board of education, administrative principal, principal, vice-principal and assistant principal.

2. (New section) All individuals appointed to an administrative position by a board of education shall be appointed by contract for a term not to exceed three years and expiring on June 30.

3. (New section) At the conclusion of the term of an initial contract or of any subsequent contract as hereinafter provided, an individual in an administrative position shall be deemed reappointed for another contracted term of the same duration as the previous contract unless either a. the board by contract reappoints the individual for a different term which term shall be not more than three years, in which event reappointments thereafter shall be deemed for the new term unless a different term is again specified, or b. at least one year prior to the expiration of the first or any subsequent contract the board shall notify the individual in writing that he will not be reappointed at the end of the current term, in which event his employment shall cease at the expiration of that term.

4. (New section) Every individual in an administrative position shall hold tenure in that office during the term of any employment contract with the board, and during tenure he shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming an administrator or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes.

Notwithstanding any other provision of this act to the contrary, the board of education shall have the right at any time, by the recorded roll call majority vote of the full membership of the board, to terminate the contract and the corresponding tenure of an individual in an administrative position granted pursuant to this act upon paying the full amount of compensation which he would have received had he served the remaining period of his contract, and the amount of compensation he would have received had he served during the period of any contract for which he is deemed to have been reappointed in accordance with the provisions of this amendatory and supplementary act.

5. (New section) No individual hereafter appointed to an administrative position, other than to the positions of principal, vice-principal or assistant principal, shall have tenure in any other position in the district; but nothing in this section or in this act shall affect any tenure rights which shall have already accrued to any individual in an administrative position prior to the effective date of this amendatory and supplementary act.

6. (New section) This act shall not impair the validity of any contract of employment between a board of education and an individual in an administrative position which was entered into prior to the effective date of this amendatory and supplementary act.

7. N.J.S.18A:17-16 is amended to read as follows:

18A:17-16. The board or boards of education of any school district or school districts having a superintendent of schools may, by contract, upon nomination of the superintendent, by a recorded roll call majority vote of the full membership, of the board or of each of such boards, appoint assistant superintendents of schools for a term not exceeding three years and expiring on July 1. They may be removed by a like vote of the members of the board or of each board employing them, subject to the provisions of [chapter 28 of this title] P.L. , c. (C. ) (now pending in the Legislature as this bill).

(cf: N.J.S.18A:17-16)

8. N.J.S.18A:28-5 is amended to read as follows:

18A:28-5. The services of all teaching staff members including all teachers[, principals other than administrative principals, assistant principals, vice principals, assistant superintendents,]and all school nurses including school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators, and any other nurse performing school nursing services and such other employees as are in positions which require them to hold appropriate certificates issued by the board of examiners, serving in any school district or under any board of education, excepting those who are not the holders of proper certificates in full force and effect, shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after employment in such district or by such board for:

(a) Three consecutive calendar years, or any shorter period which may be fixed by the employing board for such purpose; or

(b) Three consecutive academic years, together with employment at the beginning of the next succeeding academic year; or

(cf: P.L.1991, c.267, s.3)

9. N.J.S.18A:17-2 and N.J.S.18A:17-14.3 are repealed.

10. This act shall take effect immediately.

STATEMENT

This bill modifies the existing law with respect to the tenure of administrative personnel in the public schools. It would substitute for the present career tenure a period of tenure for the duration of a contract between the board of education and the administrator. The contract would be for a maximum of three years. The bill provides for the automatic renewal of the contract for successive periods of not more than three years. The board also has the option to terminate employment at the end of a particular contract period on not less than one year's notice.

Under the bill administrative personnel include individuals in the positions of assistant superintendent of schools, secretary of a board of education, assistant secretary of a board of education, school business administrator, business manager of a board of education, administrative principal, principal, vice-principal and assistant principal.

The bill would not apply to individuals in an administrative position who are under tenure when the bill is enacted, and would not impair the validity of any contract entered into prior to the effective date of the bill.

The repealed sections provide career tenure for individuals serving as a secretary of board of education, an assistant secretary of a board of education, a school business administrator, or a business manager of a board of education.

Grants tenure to certain public school administrative personnel only for the duration of three-year contracts.