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This post refers solely to tenure of public school teachers in New Jersey. The facts presented may not apply to other positions or in other states.
How does a New Jersey teacher acquire tenure?
Tenure is established by state law, not by contract. The New Jersey Legislature has the power to modify or eliminate tenure. In the past, the Legislature has eliminated tenure for school district superintendents.
N.J.S.A. 18A:28 specifies the requirements that a teacher must meet to acquire tenure. Most teachers acquire tenure by serving in a position for 3 consecutive academic years and being rehired for a 4th year.
Under what conditions can a tenured teacher be dismissed in NJ?
N.J.S.A. 18A:6-10 and N.J.S.A. 18A:20-10 specify the conditions under which a tenured teacher may be dismissed.
A tenured teacher can be dismissed for
- inefficiency,
- incapacity,
- unbecoming conduct,
- or other just cause.
State law details procedures that must be followed if a teacher is accused of any of the above. If a tenured teacher is accused of inefficiency, state law requires that the teacher be given an opportunity to correct the alleged inefficiency. In all cases, a tenured teacher must be formally charged and given an opportunity to present a defense. In many cases, tenure charges are resolved before an administrative law judge.
A tenured teacher can also be dismissed as part of a reduction in force. A school district that eliminates teaching positions may dismiss tenured teachers. State law requires that tenure and seniority be taken into account when determining which teachers will be dismissed, but does not prevent tenured teachers from being dismissed.
For teachers seeking additional information
I wrote this post to provide basic factual information about tenure. I am unable to provide authoritative answers to the many nuanced questions that I receive. Teachers with questions about their particular situations should speak with their association representatives, their human resources departments, or the NJ Department of Education.
According to the NJ Department of Education, “Issues of educational tenure and seniority are addressed by the Bureau of Controversies and Disputes, New Jersey Department of Education, 100 Riverview Plaza, PO BOX 500, Trenton, New Jersey 08625-0500 or call 609-292-5705.”
The New Jersey Education Association may also be able to provide information at 180 W. State Street, Trenton, NJ 08607-1211 and 1-609-599-4561.
PDFs of selected New Jersey Statutes
- Title 18A, downloaded 2009-01-03 (2 MB)
- Selected portions of Title 18A related to the acquisition of tenure
- Selected portions of Title 18A related to the dismissal of tenured teachers
- New Jersey Statutes (unannotated)
This way beyond my ability to answer. I’m not sure to whether tenure law applies to teachers in charter schools. I’m not familiar with the rules that would govern your circumstances. I recommend that you request an opinion from the NJ Commissioner of Education.
In this scenario: after working for 2 1/2 years on an emergency certification a teacher receives a provisional certificate in year 3, but will not have a standard certificate before the end of year 3. Does the teacher receive tenure one day after returning for year 4? Does the time working on the emergency cert count toward tenure? How is the statute that a teacher must be certificated to obtain tenure interpreted as far as provisional cert goes?
I don’t believe that time under an emergency certificate counts towards tenure. I completed my alternate route program with my current district and they counted the year I held a certificate of eligibility.
Hello, this is my fourth year in my school district. For the first three years I was a full time teacher. I was then laid off and then rehired as a part time Basic Skills teacher. My tenure has been granted but is accumulating on a part time basis.
I have been asked (more like suggested!) by my district to acquire Special Ed certification, as there are going to be many full time openings next year. So my question is this, will I have to start the tenure process all over again if I am going from regular ed to special ed in the same district (and school)?
Thank you.
Tenure for one position is not lost when moving to another position within the district. I don’t believe there is such a thing as part time tenure. Tenure requires 3 years and 1 day of consecutive full time employment in the same position.
I have a question. I was on leave for a sickness for the past 3 years. My district HR person said that I cannot accrue those years for tenure because it wasn’t my tenure track. What I don’t get though is that the other teacher was not accruing those years toward pension and she never returned so doesn’t that really mean that she forfeited those years? It just makes me so frustrated that I have another year and a half until I get tenure.
Contracts for leave replacements typically state explicitly that time worked does not accrue toward tenure. Tenure is intended for teachers who hold permanent positions with the district. If the district did not plan to retain you permanently, they may not have evaluated you in the same manner. The other teacher’s situation is irrelevant.
do all non tenured staff have to be let go before you can rif a tenured teacher
I believe that is the case provided that the tenured teacher holds the appropriate certification. For example, a tenured English teacher could not claim the position of a non-tenured math teacher without holding a math certification.
Does anyone know laws on tenure while covering a maternity leave? I have been in the same school for 3 consecutive years (September 1 – June 30) covering 3 full year maternity leaves. I am wondering, if I am hired back in September for the position I have been in, am I guaranteed tenure? (The teacher resigned) I have not missed any time other then the occasional sick day. Thanks for your input.
Time spent as a leave replacement does not typically accrue toward tenure. This is often stated explicitly in contracts. As a leave replacement, you may not have been receiving the same evaluations as you would have if the district was considering you for a permanent tenured position.
I am certified to teach N-8. I was hired as an elementary school teacher in 1996. I spent one year as a media teacher and one year as a computer teacher. My third year I applied for the technology facilitator position which required you to hold a teaching certificate. This position was also required by the state for then the Abbott districts. This position is not a supervisor position and I did not receive any stipends. I continued as a teacher but with a different type of assignment outside of a classroom. After my 3 years and one day I received tenure in that I never signed another contract and had my evaluations reflect my tenured status through written documentation. Basically an x was placed in the box next to tenure. Now after 15 years, my HR department says I do not have tenure. They said it is because i did not teach in a classroom for 3 years and one day. Is this true?
This is a complex question with substantial ramifications. You need to consult an attorney, or at least a knowledgeable union rep.
If a person is hired as a school counselor and has tenure (she has been at the job for 10 years) have her tenure stripped. The counselor was hired 10 years ago. Her tenure was voted on and approved and has been at the district for 10 years. She has her masters in social work. The new HR director found she does not have the school personnel certificate. The HR director is under the impression that she can then strip tenure away. Keep in mind this person has glowing reviews and has been in the job for ten years. Can this be done legally? Her direct supervisor is rewriting her job duties to say she is a school social worker (she has a Masters in Social Work) and says her job is safe but her tenure and seniority will be gone? Can this be done? Also, this district also rewrote other school counselor positions to be social workers with also no loss in tenure. None of this sounds right to me. The school budget passed and this is not a RIF to save funds. The people were notified on 5/31/11 that this can be happening to them. This is after 5/15 notification date. So I believe the jobs will be safe, but I am concerned over the tenure and seniority question.
If I am a tenured teacher, can I be moved down to part time and have my benefits taken away? If I am moved down to part time, will I still be tenured?
I was a full-time basic skills teacher and was cut to a part-time teacher my fourth year. The district said I had part-time tenure. If a full-time teaching position becomes available do I have bumping rights. There are teachers who aren’t tenured. There has been talk of an opening and I was wondering if I had any rights.
I just completed three years of teaching in one district. I was offered an assignment for next year. Another teacher was cut to part time, due to position abolishment. A few weeks later she was let go totally. She is now exercising her k-5 certificate (was a Spanish teacher) and is therefore, allowed to bump a non-tenured teacher. I realize that non-tenured teachers are all on a level playing field. I was cut, even though I was in the district 6 years total, 3 as a teacher, with superior reviews. Our district’s long term outlook is that they will need to keep cutting, due to financial reasons, etc. Both other non-tenured el. ed. teachers had less time in district; one had only worked 3 months…does she even count ??? She had not even put in a year. I am feeling like I was chosen to be let go because I was closest to tenure. Is there anything that can help me? Also, I was just notified today, after having a contract in May. Any help is greatly appreciated…
How long is a tenured teacher allowed to take off (extened materinty leave ~ second year)from work without pay and still have a position to return to?
I was on a tenure track in a part time kindergarten position for the past two years I was rehired for my third year for the same position… I need full time and was offered a full time maternity leave position for the year in 3rd grade the same school… At first it was offered as a maternity then told me it was a transfer and counted towards my tenure now 4 days before I will be approved by the board my principal told em it is a leave position and will not accrue towards me tenure but will receive me pay and medical benefits. The leave I am filling is for a non tenure teacher … Can she decide to come back early and I would be out of a job even though she was approved for a year and I was approved for a year contract and also is there anyway I can get this year to count towards my tenure????
I obtained tenure in New Jersey, with my first year being emergency certified. It counted towards my tenure.
I taught one year at a school district. Since the district is in contract negotiations, I did not receive a contract for the following year. Instead I received a letter of intent from the district indicating an intent to rehire me at an undisclosed salary the following year. I signed the bottom of the letter indicating that I had seen the letter but signed nothing indicating my intention to accept a position for the following year. At any rate, I have accepted a position starting this fall with another school and gave my notification. The principal is now telling me that he will he will require that I stay with his district for sixty days and that I must show up for classes at the beginning of the school year or he will start proceedings to remove my teacher certification. Since I don’t have a contract, can he follow through on his threat?
Thanks.
This has nothing to do with tenure. Your association should be able to explain the situation to you.
I have been teaching in NY and have times towards my tenure. Does that carry over to NJ when I start looking for a job ther?
I worked 2 years full time. My 3rd year, I was PT due to a reduction in force. During that year, a position opened in another school in the district (same content area as mine) which was filled with a new hire, FT. I have attained tenure status, now in my 4th year, but I am still PT. (I assure you, PT teachers are eligible for tenure, I have the contract to prove it). Can I bump the FT teacher, due to seniority?
I was a full time teacher who earned tenure for 4 years. Then I went to part time. I understand that I still hold my tenure but apparently gave up my rights to a full time position in my district. Can that be possible? How do I legally get back into a full time spot? And what are the requirements for doing so? Do I just slide into full time or do they require the whole interview process again?
I am a tenured teacher, certified K-5 and Teacher of Students with Disabilities. I currently teach second grade, but have never taught in the special education department in my district (despite having at least eight special ed students in my class each year). My quetions is..if there is a RIF of classroom teachers, do I have bumping rights over the five non-tenured special education teachers that were hired after me? Or do I only have bumping rights over other classroom teachers in my school district?
Hi
This is for my friend. She started working as a full time math teacher in September 2004. She is highly qualified and certified. She became a US citizen in 2010. Does she have tenure status as she completed 7 years without break and a citizen now?