SENATE, No. 734

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 15, 1996

 

 

By Senator BUBBA

 

 

An Act concerning certain administrative staff members in State operated school districts and amending P.L.1987, c.399.

 

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

 

    1. Section 11 of P.L.1987, c.399 (C.18A:7A-44) is amended to read as follows:

    11. a. Notwithstanding any other provision of law or contract, the positions of the district's chief school administrator and those executive administrators responsible for curriculum, business and finance, and personnel shall be abolished upon creation of the State-operated school district. The affected individuals shall be given 60 days' notice of termination or 60 days' pay. The notice or payment shall be in lieu of any other claim or recourse against the employing board or the school district based on law or contract. Any individual whose position is abolished by operation of this subsection shall be entitled to assert a claim to any position or to placement upon a preferred eligibility list for any position to which the individual may be entitled by virtue of tenure or seniority within the district. No individual whose position is abolished by operation of this subsection shall retain any right to tenure or seniority in the positions abolished herein.

    b. The State district superintendent shall prepare a reorganization of the district's central administrative and supervisory staff and shall evaluate all individuals employed in central administrative and supervisory staff positions. Within six months of the establishment of the State-operated district the State district superintendent shall implement the reorganization.

    c. Notwithstanding any other provision of law or contract, the positions of the central administrative and supervisory staff, instructional and noninstructional, other than those positions abolished pursuant to subsection a. of this section, shall be abolished upon the reorganization of the State-operated school district's staff. The State district superintendent may hire an individual whose position is so abolished, based upon the evaluation of the individual and the staffing needs of the reorganized district staff. These individuals shall be hired with tenure if they had tenure in their prior position. If they did not have tenure in their prior position, they may obtain tenure pursuant to the provisions of N.J.S.18A:28-6. Individuals hired as State assistant superintendents shall not be hired with tenure and shall not acquire tenure. Employees or officers not hired for the reorganized staff shall be given 60 days' notice of termination or 60 days' pay. The notice or payment shall be in lieu of any other claim or recourse against the employing board or the school district based on law or contract. Notwithstanding this limitation, nothing herein shall preclude an individual from asserting upon separation from service any legal contractual right to health care coverage, annuities, accrued vacation days, accrued sick leave, insurance and approved tuition costs. Any employee whose position is abolished by operation of this subsection shall be entitled to assert a claim to any position or to placement upon a preferred eligibility list for any position to which the employee may be entitled by virtue of tenure or seniority within the district. No employee whose position is abolished by operation of this subsection shall retain any right to tenure or seniority in the positions abolished herein.

    d. The term "central administrative and supervisory staff" shall not include administrative and supervisory staff members who are members of a collective bargaining unit and are covered by a collective bargaining agreement entered into by the school district and a majority representative employee organization.

(cf: P.L.1987, c.399, s.11).

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    Under the legislation which provides for the establishment of a State operated school district, the State district superintendent is to reorganize the central administration of the district within six months of takeover. Upon that reorganization, the positions of all central administrative and supervisory staff are abolished. This bill makes it clear that the term "central administrative and supervisory staff" refers to management personnel only and does not include non-management personnel who are covered by collective bargaining agreements.


 

Defines central administrative and supervisory staff in State operated school districts.