SENATE, No. 281

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator EWING

An Act concerning reemployment of tenured teaching staff and amending 18A:28-12.

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

    1. N.J.S.18A:28-12 is amended to read as follows:

    18A:28-12. If any teaching staff member shall be dismissed as a result of such reduction, such person shall be and remain upon a preferred eligible list , which list shall be maintained for a period of five years from the date of the reduction, in the order of seniority for reemployment whenever a vacancy occurs within five years of the date of the reduction in a position for which such person shall be qualified [and he]. In order to maintain a place on the preferred eligible list, the teaching staff member shall provide, by July 1 of each year, written notice, by certified mail, return receipt requested, to the board of education of the person's current address and continued desire to be recalled to employment with that board of education. Failure to provide the notice shall result in the removal of the person's name from the preferred eligible list.

    The teaching staff member shall be reemployed by the body causing dismissal, if and when such vacancy occurs and in determining seniority, and in computing length of service for reemployment, full recognition shall be given to previous years of service, and the time of service by any such person in or with the military or naval forces of the United States or of this State, subsequent to September 1, 1940, and the time of service of any member of the American Merchant Marine during World War II who is declared by the United States Department of Defense to be eligible for federal veterans' benefits, shall be credited to him as though he had been regularly employed in such a position within the district during the time of such military or naval service, except that the period of that service shall not be credited toward more than four years of employment or seniority credit.

(cf: P.L.1991, c.389, s.3)

    2. This act shall take effect immediately. 

                                    STATEMENT

    This bill limits the amount of time to five years for which a preferred eligible list for reemployment must be maintained after a reduction in force has occurred. In addition, the bill requires a teaching staff member who wants to remain on the list to provide, by July 1 of each year, written notice, by certified mail, to the board of education of the member's current address and continued desire to be recalled to employment with that board of education. Failure to provide notification will result in the removal of the person's name from the list.

Provides that preferred eligible list shall expire after five years and requires teaching staff member to provide certain notification to remain on list.