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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)
Now I have a question. I was a maternity leave replacement for 2 years, and was hired as a tenure-track teacher for my 3rd and 4th years. My district HR person said that I cannot accrue those 2 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.
The process by which a teacher acquires tenure is intended to allow the district to evaluate whether they wish to offer that teacher a permanent position. If your district hired you as a temporary leave replacement, they may not have been evaluating you in the same manner as they would evaluate a prospective permanent employee. In my opinion, it is fair that you have to complete the entire process so that the district has an opportunity to properly evaluate your performance.
To the best of my knowledge, teachers on long term unpaid leave do not accrue pension time. The teacher you replaced didn’t teach those years, so she didn’t earn pension time for them. In my opinion, this is acceptable.
My daughter attained tenure as a first grade teacher in another NJ district. She moved closer to home and now is in her third year of teaching first grade in her current NJ district. She is planning on taking a guidance opening in her current district. If she is hired as a guidance counselor next year, will she still have tenure as a classroom teacher.
You would have to ask the district Human Resources Director for an authoritative answer; however, I can share what I know. In New Jersey, tenure doesn’t transfer between districts, so any tenure attained at the previous district is irrelevant. If your daughter acquires tenure as a teacher, she will retain it when she becomes a guidance counselor in the same district. (She will retain tenure as a teacher, not as a guidance counselor.) Since your daughter will not be reemployed as a teacher after 3 academic years, I’m unsure as to whether she will acquire tenure as a teacher. My best guess is that she will acquire it since she was reemployed. Please share the result here when you receive an authoritative answer as to whether she will acquire tenure.
I would appreciate any information you might have on the following question. Do non-tenured teachers have any recourse if they feel they have been wrongly refused their fourth year contract? Everyone keeps telling me that they can refuse to offer me a fourth year contract and the reason doesn’t really matter because I am an “employee at will.” I have also been told there is really nothing the union can do. The bottom line is if they have decided that they don’t won’t me back, there is nothing I can do about it even if all of my observations and accomplishments are excellent. Thanks for your time.
We discussed this issue in my educational law class; however, I caution that my answer is not authoritative. Your performance evaluations do not obligate your district to offer you tenure. You are employed by contract and your contract will expire. It is my understanding that since you have no expectation of continued employment after your contract expires, you are not entitled to due process.
If your district gave you a reason why you were not rehired, you may be able to challenge it. If you were not rehired for a reason prohibited by law, such as your race or religious beliefs, you can complain to the U.S. Equal Opportunity Employment Commission. To avoid potential challenges, many districts deliberately refuse to provide reasons when they do not rehire non-tenured teachers. Districts are not obligated to give reasons and if they do, the reasons could be used against them.
I was hired in 1999 to teach Bilingual Social Studies at the high school because I held a Standard Certificate in Teacher of Social Studies. I am still employed at the high school in the same postition. I have never acquired the bilingual certificate. After three years and a day (Sept. 1, 2003), I received notice that I was tenured as a Social Studies (Comprehensive) Secondary teacher. Recently, I was told that I do not have that tenure because the Board minutes listed me as a Bilingual Social Studies Teacher in 1999. Therefore, I am untenured as subject to dismissal. Is this a violation of the tenure act N.J.S.A 18A:28-1 to 18, specifically 28-5? And, if it is, what recourse do I have in establishing my tenure?
This is such a nuanced question that you would have to consult with an attorney. (I’m not an attorney. I wrote this post mostly to explain to the concept of tenure to my students.) Have you spoken with your union representative about the issue?
If a non tenure teacher is not given a contract for the following school year due to a reduction in force, can he/she collect unemployment compensation in the State of New Jersey?
The publication below is from the Department of Labor and Workforce Development.
PR-94, Unemployment Insurance: Your Rights and Responsibilities (PDF)
The publication states that you must have become unemployed through no fault of your own. My guess is that a reduction in force would meet that requirement. While I was non-tenured, I paid unemployment insurance taxes, so I see no reason why I would not have been qualified to receive benefits if I became unemployed.
I’ve been a tenured teacher for over fifteen years. During the past 5 years I needed to arrive later to make sure my son got on the bus in the morning. I still taught all five classes, but didn’t take a duty assignment. My salary was reduced to 5/6. I was promised by the vice principal that I could return full time. He is no longer with the district. I am now able to return to a full time schedule, but my district realizes what a great deal they have and want to keep me at 5/6 forever. Am I sentenced to teaching 5 full classes with this reduction in salary? They are hiring new teachers this year who will be offered a full time schedule (5 classes, a study hall) at full pay. Do I have any recourse?
Thank you.
I haven’t seen anything in New Jersey law that would prevent your district from maintaining you at 5/6 salary, especially if you initially agreed to the reduction. Tenure law requires that a district take seniority into account when it conducts a reduction in force; however, you voluntarily agreed to a reduction in salary. If you want an authoritative answer, you should consult a lawyer. Regardless, you should speak with your union representative to determine whether your contract offers you any recourse.
I’m a non tenured teacher who will be a RIF. Does the district put me on a RIF list and do they have to offer me a position if one opens?
Can I collect unemployment if I am a aid for a public school, we really have no tenure for aids in our school. I was just wondering since our school is opening up another school and have too many teachers at this time and we have heard their are some teachers that will not have a job next school year.
I worked in a district for many years. Then I took a few years off. Upon returning, I accepted a maternity replacement position. The next year, I did the same. Now, we are having many layoffs, and I was one of the first to be told that there was not a position for me next year. Can I apply for unemployment like other non-tenured teachers on a tenure track?
I heard that I could not because it was a specific time (1 year). However, if on a tenure track, isn’t it still year by year anyway? If you are not tenured, you are not guaranteed a job the next year, correct?
Any advice would be very helpful.
I was asked by union members to inquire about informatiion regarding tenure for highly qualilfied ( as per No Child Left Behind) paraprofessionals. We were told by union officers that this would have to be a law and we should contact our State Legislators. Any information you could provide or people to contact would be appreciated.
Tenure in New Jersey is established by state law, so state law would have to be modified for it to become applicable to additional positions. This post has a link to the full text of the relevant law. To my knowledge, tenure is only available to individuals holding certificated positions. I don’t know whether that includes paraprofessionals, though I suspect it does not. In my education classes, I’ve heard many proposals to reduce or eliminate tenure but none to extend it to additional staff.
i have worked as a certified Teacher in my district for 31 months. legislation on nj tenure states that i am officially tenured but my supervisors says that i will not be tenured until october 30 2009. what is the rational for me not having tenure?
I received my first contract because i complained that i was a victim of gender discimination. I am working on my 4th contract as of april 2009.
A senior, tenured administrator’s position has been abolished with the official reasons given as economics and a reorganization of responsibilities. There has been no reorganization plan approved by the BOE. The district will be receiving over a half million additional dollars in ARRA funds for the following school year with more to come. The tenured administrator’s position has been abolished and district administrative positions of two non-tenured administrators have not been offered to him. The tenured administrator is of one race, while the BOE majority, superintendent and two non-tenured administrators are of another. Additionally, the tenured administrator criticized in private to the BOE the effectiveness of a district administrator of their same race.
Do you believe those reasons (economics and a non-existent reorganization) can withstand scrutiny and does this case hold whistleblower retaliation or race discrimination implications?
This is my 3rd year in the district however I was unpaid for 2 quarters (minus my sick and personal days) due to maternity leave this year. I was advised that those days are carved out from my 3 years and that I’d get tenure sometime next year. However another teacher that was hired a 1/2 year after me was confirmed for tenure the first day of the next school year. Not only was I an employee longer, but I actually worked more days. How can he get tenure early, but my maternity leave be carved out? Is this legal? Can I fight to get tenure early also?
If you have signed your contract for a fourth year, after completing thre consecutive years, then you are told you are not coming back at next school year, can you fight this decision? Should you have tenure because you were given a contract for the nextschool year?
I did sign my contract for next year, however; after questioning them about getting tenure early, i was given a list of all of my recommendations from all of the observations I’ve had since I’ve been there and was told that If I don’t work on them, I wouldn’t get tenure next year.
I believe this was done to basically shut me up because i’ve never had any major issues or had any disciplinary action taken against me in the 2 1/2 years I’ve been working there. So this has taken an entirely different turn now.
I wanted to ask a question. I was a paraprofessional in the district for 11yrs. Last year I attained a teaching posistion and went through alternate route. During alternate route, my teacher mentioned that I could receive tenure after two years rather than three as my district requires because of the time I worked for the district and the tenure law. I meant to get the information from her so that I could show this to my employer at the end of next year. Are you familiar with that law and where do I find it?
Thanks
can bilingual tutor collect unemployment in ct
Where is it a written law that teachers are given preference to stipend positions in NJ?
I’ve never heard of such a provision in any law. In my district, applications are solicited for each position each year. A teacher may hold a position for multiple years for whatever reason, but I do not believe that she has any legal claim to it.
The reason why I ask is because I applied for a middle school yearbook advisor stipend in my district and I am not currently employed there. The teacher who had been doing it for many years retired and I have been the PTO yearbook advisor (as a volunteer) in the elementary schools for the past three years and figured I could do a good job at the middle school and actually get paid. I was told by the principal that he had already handpicked another teacher who has NO experience and I did not even get an interview. I was even told by the personel office that teachers have first pick at “these jobs.” The school board advertises that they are an “equal opportunity employer” however that does not sound equal to me. How can I go about breaking the cycle of these “teachers first” jobs? I really want the job and could use the money, but need something to back me up that what they are doing is maybe illegal or discriminatory. I’ve called all kinds of government labor boards in my state and no one can come up with an answer for me.
The phrase equal opportunity employer means that the employer claims not to discriminate on the basis of attributes such as race and religion. For relief under discrimination law, you have to show that you are a member of a protected class and that you were discriminated against because of your membership in that class. I don’t think you’d have much luck arguing on the basis of gender. Unless you can show that the district discriminated against you on the basis of your race or religion, my guess is that you’re out of luck.
Some districts have specific guidelines in their published policies about how stipend positions are assigned. If you can find such guidelines and show that they were not adhered to in your case, you may have a bit of an argument. In the absence of any published guidelines, the district could make a pretty solid argument that there are advantages to hiring teachers in a building for supplemental positions housed in that building. In the absence of a written policy, I doubt that anything would compel a principal to consider candidates outside his school against his will.
The BOE has not been able to produce anything in writing that says that teachers have first dibs at these jobs. It’s a shame that experienced outside people do not have the ability to showcase their talents over teachers who love to suppliment their grand income and free benefits with extra jobs that most of them could care less about. However I will still try to fight this. Thanks for the information.
I just recently finished my 2nd year as a High School English Special Education Teacher. In the middle of the school year the HR rep came to me and told me that my English certification was not complete. I completed a Masters Program in Special Education but my undergraduate degree was in History, yet I did have the Praxis II in English completed when I was hired. I was hired in 2007 and was told that the credentials in which I had were adequate. This past school year I found out that New Jersey did away with the Teacher of the Handicapped Certification and is now using Teacher of Students with Disabilities, which at the high school level requires Special Education teachers to have 30 credits in the subject area. I did not receive anything in writing from my district but was not awarded a contract for the upcoming year. From March -June I completed the 30 credits necessary to fulfill the requirements for a job that I was teaching for the past 2 years. I recently had to re-apply for my previous position and was denied being told that they “hired someone with more experience”. All the while I had been told by my supervisor that once I completed the credits I would be fine and had all her support. My question is, is this a case worth fighting even after my district had no clue that the laws changed in June 2008 and how they affected me and my position? Or should I just let it go and move on to another school district?
Based on your statement, it does not appear that you acquired tenure in the position. Your supervisor has no legal authority to rehire you. In what venue would you argue that the district should be compelled to rehire you and on what grounds?
Assume for a moment you could find such a venue, develop a convincing argument, and somehow prevail. How much would you enjoy occupying a position for which your employer does not want you? To my knowledge, special education teachers with the appropriate certifications are in relatively high demand. Wouldn’t you rather work for a willing, and maybe even appreciative, employer?
15 years ago I voluntarily left a 5 year (tenured but not vested) teaching position at a local high school to take a position in industry. Now I am considering returning to the classroom. I can only make this move if it is a lateral move. That would require that I start at or near the top of the payscale. Does a district have the option of hiring me at whatever step they choose?
Also, I have an interview with my old district. Would I be rehired as a tenured or non-tenured teacher?
Districts are not legally prohibited from negotiating the starting salaries of newly hired teachers; however, some have agreed not to in contracts with their teachers’ unions. Almost all districts will count previous years of service and some will simply explicitly negotiate the starting salary (usually by negotiating the starting step on a salary guide). Years ago, I was offered several math teaching positions and almost every district was willing to place me on a step higher than my experience alone would warrant. My current district refused to negotiate at all beyond counting my experience.
If you accepted a position with your previous district, you would probably be reemployed as a non-tenured employee. In New Jersey, tenure does not not follow a teacher when they leave the district and almost certainly does not wait for them should they return. I believe that the district may have an option to offer you tenure early; however, they are by no means required to do so.
When district brings “tenure charges” against a teacher for “conduct unbecoming,” what steps are involved until final resolution? About how long would the case take to go from BOE discussion until final appeal?
Your union representative will be better able to answer questions about the process in your district. You may also wish to refer to the page below, which links to recent decisions made at various levels. Some involve tenure charges.
http://www.state.nj.us/education/legal/index.html
In 2009 I came in as a maternity leave replacement. Lucky for me there was a retirement position opening for 08-09 school year. I interviewed and received the tenure track position. During this past year, I became pregnant and delivered my child in April. I always intended to go back in Sept. I received notice on May 15th that I was being let go for the 09-10 year to “budgetary constraints”. Over the summer, a position opened up for a long-term leave replacement. Again, I interviewed and received the job. If this teacher does not come back for the 10-11 year can I fight to get the 09-10 year counted towards tenure. As of now I have lost my tenure for all of 08-09.
To my knowledge, the 3 years and 1 day required to acquire tenure must be served consecutively with the same district.
How does tenure affect part-time teachers? Is it still 3 years and 1 day?
I have no idea, but your association representative would definitely be able to answer that. When you get an answer, feel free to share it here for others who are interested.
I was hired in Jan 2007 and worked until June 2009. I had satisfactory evaluations and no warning including a Rice notice that my job was in jeopardy even though I was a nontenured teacher. However my contract was not renewed. The reasons given by the superintendent cannot be back up with any facts. There is nothing in my employee file to indicate that the reasons give were ever an issue for my performance as a teacher. The district needed a vacancy to hire a sports coach who was coaching in my district but was offered a coaching job at a neighboring school district where he was a teacher. Apparently my district was hoping to find a way to keep him as a coach. Do I have any recourse?
Since you were non-tenured, I don’t see how tenure law would offer you recourse. Even if you could somehow force the district to rehire you, would you enjoy working under such circumstances?
I know of teachers who were hired under maternity contracts for multiple years and then given tenure contracts. After three consecutive years of maternity and tenure contracts with three observations each year, they were told they had tenure.
Recently they were given letters from the district office saying they are no longer tenured because the years they had maternity contracts do not count. Is this legal?
Hi. A position opened up in the district where i am a long term substitute. i worked in the district for 6 years and ended my employment there 8 years ago to raise children. they have offered me the position, but say that the county has new regulations that force them to hire on the first step only. is that possibly true?
There’s not likely any law that prevents them from saying this, but there’s also not likely any law that prevents you from trying to negotiate your way around it. My current district counted the time I spent at another district when determining my step, but refused to budge after that. Some districts will negotiate more readily for positions that they have difficulty filling.
Can a non-tenured teacher who was given a contract for the 2009-2010 school year, be terminated mid year without any obvious reason? This person will obtain tenure in the middle of the school year (March) and it seems that the principal does not want to keep this person. All observations have been positive. But just recently, the teacher was asked to sign a piece of paper stating that she will need to work on classroom management, relationships with students, parents, and colleagues. The teacher signed it because she did not want to be insubordinate. Does she have any recourse?
A non-tenured teacher has no resource under tenure law.
I filled a maternity leave position for for a consecutive 2 and a half years. In the spring of the final year the teacher resigned and I was offered a contracted position for the fall. My union president said that I am on the tenure track but was not clear as to when that began. He said that a fill in position does not count towards tenure, however in the past people have been successful and had a position open up and past sub years have counted. Have you seen successful cases where tenure has been granted for leave replacement positions?
My district specifically does not count maternity leave replacement time towards tenure. We have occasionally hired maternity leave replacements as full time teachers if they performed well.
I recently received tenure with my NJ district. My position is behavior specialist. My certifications are K-5 and school counselor. If my position as a behavior specialist is cut in the upcoming years, do I have any bumping rights for non-tenured K-5 teachers or non-tenured counselors?
Do charter school teachers have the opportunity to achieve tenure?