SENATE, No. 1362

STATE OF NEW JERSEY

INTRODUCED JUNE 20, 1996

By Senators EWING, PALAIA, Martin, MacInnes and Lynch

An Act concerning tenure for teaching staff members, amending N.J.S.18A:28-5 and supplementing chapter 28 of Title 18A of the New Jersey Statutes.

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

    1. (New section) The Legislature finds and declares that, due to the interpretation of N.J.S.18A:28-5 by the Appellate Division in the case of Nelson v. Board of Education of the Township of Old Bridge, a clarification of that statute is necessary in order to continue the traditional practice of providing that tenure is acquired in one of the specifically enumerated positions only if the individual has served for the requisite statutorily required period of time in that position.

    2. 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] employed in the positions of teacher, principal, other than administrative principal, assistant principal, vice-principal, assistant superintendent, director, supervisor, 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

    (c) The equivalent of more than three academic years within a period of any four consecutive academic years.

    For purposes of this chapter, tenure in any of the positions enumerated herein shall accrue only by employment in that position, and tenure so accrued shall not extend to any other position.

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

    3. This act shall take effect immediately and shall apply to all individuals who have acquired tenure pursuant to N.J.S.18A:28-5 or any prior statute.

STATEMENT

    In a recent Appellate Division case, Nelson v. Board of Education of the Township of Old Bridge, the court held that tenure under the administrative certificate extends to all endorsements held by an individual under that certificate regardless of whether the position at issue is one of those enumerated in the tenure statute. This holding means that if a tenured supervisor holds the appropriate endorsement, he can now claim a position as a principal or assistant superintendent over a non-tenured person in that position in the event of a reduction in force, even though he had never served in that capacity. In coming to this decision, the court disregarded the traditional interpretation of that section of law that all titles listed in N.J.S.A. 18A:28-5 are separately tenurable. This bill simply maintains the status quo by clarifying that tenure within any of the positions listed in N.J.S.A. 18A:28-5 accrues only by employment in that position and shall not extend to any other position.

Clarifies that tenure accrued in a particular position within a public school district shall not extend to any other position.