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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)
Can teachers collect unemployment during the Summer months?
No.
If two teachers are at a school for 6 years each. One is hired one day earlier. For budget reasons they (the school) need to cut a job. Who gets fired, the teacher with more expericence or the better teacher with attendance, performance, etc.?
When an administrator acquires tenures as such, does he/she also acquire tenure simultaneously in all certifications he/she holds?
I doubt it.
I have been a teacher for the past 11 years in my current district. There have been many changes recently, many of which are causing a great deal of tension in our building. The direction the district is going in is not sitting well with the teaching staff. I am considered looking at other districts, but have many factors that I must consider. The main factor involves transfer of tenure. Though I can gather through reading the many posts in this site that tenure does not transfer, I do have a question. Would a district be able to offer immediate tenure to an experience teacher if they felt that the teacher would be an asset to their district?
I don’t think so, but you can try asking your union rep.
I am a tenured middle school reading teacher with a k-12 certificate in a New Jersey school district. The district may be eliminating my position due to a rif. I am also certified as an elementary k-8 teacher as well however, I have never taught elementary in this district. Am I entitled to bump an elementary teacher, tenured or not with less service in the district?
I have been a teacher for the past 10 years in my current district. I am not an american citizen. Can I acquire tenure?
If the positions of principal, vice principal and assistant principal are separately tenurable positions, would an individual acquire tenure as a principal, (after having served almost 3 years as a vice principal) in an additional 3 years + 1 day after starting as principal?
can a board of education grant teacher tenure early?
I am a male elementary school teacher who filled a full year teaching position held by a tenured teacher out on maternity leave. Does that year count for me as a qualifying year towards tenure? I have heard that because the teacher I replaced was on maternity leave, even though she already has tenure, I may not count that year towards my tenure acquisition years.
Since tenure is established by state law, I doubt it.
My district includes a provision in the contracts of maternity leave replacement teachers that service under such contract will not count towards tenure. I believe the intent of this is to prevent the district from being forced to hire someone full time even after the teacher on maternity leave returns.
Mr. Horn,
I hold a k-8 teaching certificate and have taught in a school for 8 1/2 years in the classroom (various grade levels). For the past 5 years, I have been a
part-time school library (hold a school library media specialist certificate too) in the same school. My concern is that the library position may be eliminated. Do I have bumping rights to go back into the classrom with 8 1/2 years or the combined 8 1/2 plus 5 years as a part-time librarian (total years in district would be 13 1/2 years and I took off 3 years for two maternity leaves) I have been employeed for in the district since 1994. I guess my question is: Is seniority based on the certificates held and years utilized (combined or separte) or the years of services in the district no matter what certificates you have.
-ML
I was on a temporary contract from 2/2/2007 to 6/30/07. I was hired full time for the new school year. Does my temporary contract time count towards my tenure.
I am an elementary art teacher and have been teaching art in my district for 8 years and I have tenure. I have been trying to figure out the answer to this question and can not seem to find the answer yet. I’m hoping you can help. If my position as “art teacher” is eliminated (due to budget cuts), and I hold a NJ standard k-8 elementary teaching certificate, do they have to grant me an available classroom teacher position even if I have never taught it in the district before? Am I tenure ONLY in art or in any position that I have a certificate for. PLEASE please give me any info that you have. Thanks!
I taught full-time for five years in one district, gained tenure, and then went to a new district. In the new district, I taught one full year, and then went half-time with my teaching partner. After the first year in the new district, I was told I was permanent. For the past eight years, I have been listed as permanent (tenured) on all paperwork. Just this past month, I was told a mistake had been made (actually numerous mistakes for 8 years) and that I never should have received tenure and that I am only probationary now. I received a pink slip today. Can a district change my status after 8 years? Is there any way I could be grandfathered into tenure since it says I have had tenure for the past 8 years? Could my tenure from my first district be transferred to my current district? Or am I just screwed altogether?
Actually, I am also interested in the answer to the person who is anonymous and spoke about her art position. For myself, I have taught in a district for 26 years, most of them as a computer teacher. They are now cutting the position to 1/2 time computers between 2 schools or cutting it completly. I still need a full time job. My questions are: Do they have the right to cut the position to part time in two buildings and get rid of me even though my certificate is K-8 elementary? Also, if they do away with the position completly, what bumping rights do I have for a classroom position if I only have 1 year as a classroom teacher? Thanks.
@Anonymous: February 5th, 2010 at 4:46 pm
Whether and when to grant tenure to a teacher is non-negotiable except for the time limit placed on granting it. A board can grant tenure prior to the time LIMIT (three years and a day in NJ), as early as they want. This is considered administrative prerogative. So yes, a teacher can technically received a tenure appointment in the first year.
@ Anonymous March 17th, 2010 at 9:26 pm
Tenure in NJ is granted within your certificate (K-8 in your case). If an opening exists, you should be able to take a classroom position, as long as it falls within the K-8 certification requirements. And your seniority applies within the K-8 pool of positions. So if there are grade level teachers who are K-8 certified whose years of service are less than yours, they have to be bumped for you to take their slot. Talk to your NJEA field rep.
How and why was teachers tenure established in New Jersey
Tenure in NJ was established by state law. The specific law is referenced in my original post. I can’t give an authoritative answer regarding why tenure was established since I was not involved in its establishment. Based on the wording of the law, my understanding is that tenure was established to protect teachers against arbitrary termination. For example, a district has a financial incentive to fire veteran teachers (who earn higher salaries) and replace them with inexperienced teachers (who earn lower salaries).
Two teachers, Teacher A was hired 3 weeks before teacher B, but both were approved at the same BOE meeting. If one position is being eliminated, who survives the cut, Teacher A or B.
Are districts allowed to make individual decisions regarding tenure and their employees? I am an educational interpreter and (according to Title 18A) am a “teaching staff member” with a state required and issued standard certificate. However, I was told that our district does not give tenure to educational interpreters. Is this legally allowed for them to do?
I have a question about seniority rights. If I’ve taught in the high school for my whole career, do I have seniority over any teacher in the middle school with fewer years in the same subject? At one time, I know this was the rule, but I thought it had been changed so that if I never taught in the middle school, I can’t bump a teacher despite my years of experience; that is, I only have seniority in the high school. Which of these is correct?
Teacher tenure was initially established so that teachers could have academic freedom, and not be reprimanded by the administration. Also, it was established because there was supposed nepotism in teaching.
There are 2 full-time Physical Education teachers in my school district. Due to budget cuts, these positions are in jeopardy ( teaching time reduced). Can my district change these into two part-time positions (to save money) or do I as a tenured teacher have the right to a full-time position and the other teacher be made part-time.
RIF’s are happening in many school districts through out NJ. Some Schools are getting rid of Department Supervisor positions. Can the supervisor of a specific department,who teaches three classes, return to teaching five classes within the department, when the supervisor position is disolved? This pertains to a supervisor who is tenured only as a supervisor for which they were highered.
Would the supervisor bump other tenured teachers in their department? or only if they were highered and tenured as a teacher first? This is a tricky question and I can’t find anyone that knows the answer. Forget about contacting union reps….they are overwhelmed.
I don’t believe that an individual who received tenure only as a supervisor also holds it as a teacher.
Idon’t believe so either……..thanks for the response. I also sent a message to NJEA……..but I think they are swamped. Thanks so much, Connie
I got upset and responded to a comment made on a local web site about the issues going on in N.J. involving teachers. I did not name names,or use my district’s name, but I did do it from my office at school from my computer. Can they go after my tenure?
I guess the district could argue that you misused district resources or that you had other responsibilities to attend to at the time. In my opinion, it would be a difficult case to win on just those grounds. You could argue that limited personal use of the internet is permitted or at least widely tolerated. Since I don’t know what you said in your response, I can’t comment on whether the content would be an issue.
When seniority comes into play, one day or three weeks makes the difference. The person hired one day earlier has more seniority. As far as certification, you only get credit for a certificate you have used. I explain to our staff that using certification is like starting a timer. Once you start it, the certificate keeps accruing seniority, even if you use another certificate. For instance, I have started teaching 39 years ago with a regular ed certificate. At one point I was switched to a special education class and used that certificate. Since I started with my reg ed certificate, I have 39 years of seniority in that area and 20 years in special ed. I also have an LDTC certificate which I have never used, so I have no seniority in that area.
I started teaching in a school district as a maternity leave replacement half way through the school year. At that time, I was put on contract and on the salary guide. I was labeled as a “maternity leave replacement” on the contract. I ended up staying in the district and receiving tenure 3 years and 1 day after I began my employment. I will have been with the district 4 1/2 years in June. I just received my pink slip notice laying me off. When I questioned the administration about my seniority they said that my year as a maternity leave replacement did not count towards my seniority. They also said that I should not have received tenure when I did. They said that they made on mistake on giving it to me. On the seniority list they have me listed as starting my employment in September instead of the previous January when I actually did start working in the district. Does my year on contract count towards my seniority? If I was on contract, and working in the district in the same position for 3 years and 1 day isn’t it proper that I receive tenure at that time? This decision has affected where I have been placed on the seniority list.
“hired”, not “highered”
I am a tenured teacher with 5 years experience and with excellent evaluations. However, I received a letter from our district that according to title 18A:27-10 they can no longer offer me a position for next year. I was told verbally that I did not have enough seniority and as such I am being bumped! I have two questions: First, how come they are using article 18A:27 which apply to non tenured teacher? . Second, How can verify that the “bumping” was done properly and it was not based on favoritism?
What course of action can you suggest if any? Thanks
When I looked at 18A:27-10, I noticed a number of amendments (L.1971,c.436,s.1; amended 1979,c.23,s.4; 1992,c.159,s.18; 1993,c.100,s.2; 1995,c.125,s.2.). Perhaps one of those amendments extends the notice requirement to tenured teachers. Your association representative should be able to assist you determining whether your seniority was appropriately considered.
Thank you for responding
Hi, Brandon.
There is going to be a lot of bumping going on in my district. This is my tenure year as the librarian. If a tenured teacher (tenured in the classroom) gets bumped from their position, and they hold a librarian’s certificate, can they bump me out? Do they have to have taught in the library in the district? Must they have tenure as a librarian and a classroom teacher in order to bump me, a non-tenured librarian?
Thanks so much.
The tenured teacher who also holds a librarian’s certificate can replace you. Since you are non-tenured, your district has no obligation to offer you a position next year. They do have obligations with respect to their tenured teachers. Provided that your replacement is properly certified, it is irrelevant whether the individual has previous experience as a librarian.
Can a teacher accrue seniority while in extended (a year +) maternity leave?
Thanks.
Can a tenured middle school teacher with more experience under the same certificate (industrial arts) bump a high school teacher with an industrial cert.?
Yes. My understanding is that seniority applies throughout a district, not individual schools.
Does anyone know if tenured teachers are let go due to a RIF and there are preschool teachers in district that are nontenured, can the tenured teacher with a standard n-8 certificate bump them?? Must they have two years preschool experience or are we grandfathered? We are losing a lot of tenured teachers (14) and no one seems to have an answer.Seems crazy to me that tenured teachers lose jobs to nontenured.
if all supervisor positions are eliminated and a 12 month supervisor bumps to a 10 month teaching position, is the resulting salary the current supervisor salary prorated to 10 months?
I am a teacher, non-tenured, on maternity leave, which has extended into Child Rearing Leave of Absence (approved by my BOE). I was told informally that my position was being eliminated and that I would be let go. Other non-tenured teachers in my district all received their non-renewal letters, but I have received nothing. Am I not entitled to written notification of my termination of employment the district because I have been out on maternity leave and am non-tenured?
I don’t believe that the notice requirement for tenured teachers applies to non-tenured teachers. Your district may send notices as a courtesy, but I believe that simply not offering you a contract for the next year is sufficient.
I heard that any certifications gained by a teacher after he/she has already achieved tenure in another certification area don’t have to be honored in a RIF. Is this true?
A teacher in our school was just informed that she is being let go. She taught her first 2 years in the district as a replacement teacher (full year-twice for 2 different teachers). She then was offered a contract for the next 3 years. She would have received tenure next year–does any of her replacement time count toward her tenure?