S1035

SENATE, No. 1035

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Senator LYNCH

An Act concerning contracts for 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, principal, vice-principal, assistant principal, director, supervisor, and any other position requiring the supervisory endorsement.

2. (New section) a. A person appointed to an administrative position by a board of education shall be appointed by contract for an initial term of three years and expiring on July 1.

b. At the conclusion of the initial contract, the person shall be deemed reappointed by contract for a term of five years and expiring on July 1 unless the board at least 60 days prior to the expiration of the contract notifies the person in writing that the person will not be reappointed at the end of the term, in which event the person's employment shall cease at the expiration of that term.

c. At the conclusion of the five-year contract, the person shall be deemed reappointed by contract for a term of seven years and expiring on July 1 unless the board at least 60 days prior to the expiration of the contract notifies the person in writing that the person will not be reappointed at the end of the term, in which event the person's employment shall cease at the expiration of that term.

d. At the conclusion of the seven-year contract, the person shall be deemed reappointed by contract for a term of 10 years and expiring on July 1 unless the board at least 60 days prior to the expiration of the contract notifies the person in writing that the person will not be reappointed at the end of the term, in which event the person's employment shall cease at the expiration of that term.

e. At the conclusion of the 10-year contract, the person shall be deemed reappointed by contract for an unlimited term unless the board at least 60 days prior to the expiration of the contract notifies the person in writing that the person will not be reappointed at the end of the term, in which event the person's employment shall cease at the expiration of that term.

3. (New section) Each person in an administrative position shall hold tenure in that office during the term of any employment contract with the board, and during tenure the person 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 a person in an administrative position granted pursuant to this act upon paying the full amount of compensation which the person would have received had the person served the remaining period of a contract, and the amount of compensation the person would have received had the person served during the period of any contract for which the person is deemed to have been reappointed in accordance with the provisions of this amendatory and supplementary act.

4. (New section) Nothing in this act shall affect any tenure rights which shall have already accrued to any person in an administrative position prior to the effective date of P.L. ,c. (C. ) (now pending before the Legislature as this bill). A person who accepts an administrative position in a district on or after the effective date of that act shall retain all tenure rights accrued in any position, other than an administrative position, which was previously held by the person in that district.

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

6. N.J.S.18A:17-2 is amended to read as follows:

18A:17-2. [a. Any secretary, assistant secretary, school business administrator or business manager of a board of education of any school district who has or shall have devoted his full time to the duties of his office and has or shall have served therein for three consecutive calendar years, and

b.] Any person holding any secretarial or clerical position or employment under a board of education of any school district or under any officer thereof, after

1. The expiration of a period of employment of three consecutive calendar years in the district or such shorter period as may be fixed by the board or officer employing him, or

2. Employment for three consecutive academic years, together with employment at the beginning of the next succeeding academic year, an academic year being the period between the time when school opens in the district after the general summer vacation and the beginning of the next succeeding summer vacation[, and

c. Any person, who has acquired, or shall hereafter acquire, tenure in any secretarial or clerical office, position or employment under the board of education of a school district and has been appointed district clerk or secretary, or shall hereafter be appointed secretary of said district, as such secretary,]shall hold his office, position or employment under tenure during good behavior and efficiency and shall not be dismissed or suspended or reduced in compensation, except for neglect, misbehavior or other offense and only in the manner prescribed by subarticle B of article 2 of chapter 6 of this title.

(cf: N.J.S.18A:17-2)

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, 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 by contract,[. 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 before 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 in administrative positions as defined pursuant to section 1 of P.L. , c. (C. ) (now pending before the Legislature as this bill) and 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:17-14.3 is repealed.

10. This act shall take effect immediately.

STATEMENT

This bill provides contractual tenure for employees of school boards who are appointed to administrative positions, including such positions as assistant superintendent, school business administrator, principal, director and supervisor. Under the bill, a person would be appointed to an administrative position for an initial term of three years. At the conclusion of the contract, the person would be deemed reappointed for a contract of five years unless the board of education notified the person at least 60 days prior to the expiration of the contract that the person would not be reappointed. After the contract of five years, the person could be reappointed for a term of seven years followed by a term of 10 years. At the conclusion of the 10-year term, the person could receive an unlimited contract.

The bill provides tenure rights during the terms of the contracts, and does not affect the tenure rights which have already accrued to a person in an administrative position.

A section of law which currently provides tenure for school business administrators is repealed.

Provides tenure by contracts of specified terms for certain employees of school boards in administrative positions.