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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)
My district has a clause in the contracts for non-tenured teachers that time spent as a replacement does not count toward tenure. I believe that is a very common clause. If the district hires a teacher as a replacement, they may not evaluate the teacher as rigorously.
I was told that tenure applies to any certification you hold at the time you acquire tenure. Certifications you gain after accuring tenure are not covered by said tenure. However, you can “bunp” into any position covered by the certifiactions you held at the point of receiving tenure whether or not you ever taught/served in that capacity. That seems to be a change from how I learn about tenure in my school law classes?!?!
I obtained tenure in a district where I worked four years. I moved and I started working in another district in the same state(New Jersey). How are the tenure rules determined? Does the teacher need to work three years again in the new district to receive tenure?
Yes. Tenure in New Jersey does not transfer between districts.
Is the State of New Jersey law fair regarding the requirement of becoming a US citizen in order to become a tenured teacher?
In 2010,isn’t that rubric discriminatory,especially in a democratic and universal field like education in public Schools?
I was a full time employee for both titles: media specialist and reading specialist in my 1st year contract, and then I have been a media specialist for the following two more years. Will I receive tenure for media specialist position in the fourth year? I hold a provisional school library media specialist provisional certificate and a standard reading specialist certificate.
I am looking forward to hearing your opinion about my situation. Thank you.
Francis
I am curious, my district recently RIF many teachers without disclosing seniority lists. When they were asked for these list by our union president, the district said that such lists do not exist and they would have to come up with them. I asked how could they RIF without the lists? Also my union president said that the seniority list does not need to be made public. Is that true? Several other districts actually e-mailed out their seniority lists before RIF letters went out.
Thanks for any help.
Nicole
I don’t know of any requirement that such a list be released publicly. The New Jersey Commissioner of Education handles disputes regarding seniority. Teachers’ years of experience are public records (NJ Public School Teachers, 2008-09). Unfortunately, years of experience does not always equate with seniority in a position. If you really wanted such information, you could probably compile it from district hiring records, which are also public.
Mr. Horn,
Do you know we need to have standard certificate to gain a tenure status? The teacher who has only a provisional certifcate on a current position can’t get tenure even he has been working on this position for 3 years. Do you hear about this issue? Thank you.
That sounds fair to me. Why should a district grant tenure to someone who is only provisionally certified to hold a position?
I am a non-tenured teacher in a district going through RIFs. I currently hold a certificate in Business. Can a tenured teacher without a Business certification “bump” me out of my position. Also,is there any senority within non-tenured teachers?
As a non-tenured teacher, you are employed at will. The board is not obligated to offer you a position for next year. Non-tenured teachers are not subject to seniority rules.
Mr. Horn,
I know that being a long term substitute does not count towards tenure but does it count against it? If a teacher completed the three consecutive years of service but was riffed before getting the one additional day but was then hired as a long term substitute, would that force the teacher to start all over again if hired as a full time teacher?
If the teacher did not return for a fourth year, I believe she must begin the process of acquiring tenure over again anyway. The law calls for three consecutive years, plus employment for the fourth year.
I Have worked in two districts in the past few years. I am not tenured and do not have a contract for next year.
I have been paying into my pension, will I still be able to access pension upon retirement (many years from now) regardless of when/if I get tenured?
thanks
Your pension vests after 10 years. If you contribute for at least 10 years, you will receive a pension. If you contribute for fewer than 10 years, you can get your contributions back.
I am a computer teacher hired under an elementary certificate. I am currently in my 3rd year and was to get tenure in September. Do to the budget my position was eliminated but I was offered a long-term maternity leave that begins in September. My question is should I received my tenure since it will be 3 consecutive years and 1 day?
No.
I am an elementary Spanish Teacher. I am tenured (6) years. I also hold a Cert. for Elementary School Teacher. My “position” will be abolished. Do I have the right to request an elementary classroom, especially since there are many people retiring? Should I not be offered a position before it is advertised to the world?
It is my understanding that your district must offer positions to teachers whose positions have been eliminated before offering them to outside candidates. Your association representative should be able to provide you with details.
Can a part-time tenured secretary who lost benefits and two hours per week reduction of hours due to budget cuts bump a full time non-tenured secretary?
I am a Physical Therapist employeed by a school district for 17 years. I have tenure, but not in the teachers union. I am paid hourly and am being asked to take a reduction in my rate next year. Is the school district legally allowed to ask a tenured employee to take a reduction in pay?
I am a Physical Education teacher with tenure for 6 years. The district is claiming to elminate the physical education position but still offering PE to the students by having non certified more senority teachers teach PE. These teachers have never taught PE before is this aloud? I have a pending K-5 cert do I have bumping rights with that cert on non tenure teachers? They are currently offering me 1 day! How can I fight to get full time status back?
I was a first year teacher from September 2009 to June 2010 in a Central NJ District. Due to reductions in force, I was let go as the last person hired. I was informed that I can claim unemployment benefits on July 1, 2010 (my contract expires June 30, 2010). I have recently interviewed for a position at another school. If I receive this position I would need to sign a contract for September 1, 2010 through June 30, 2011. Am I eligible to collect during this summer (2010)?
We had a RIF on May 12th. Myself and other tenured teachers were not part of that. One month later we were told we were being bumped by other teachers. I thought all bump/rif notices had to be done by May 15th or you were assured a contract. Please clarify
I am a preschool teacher of 12 years in our district. I have been a master teacher for 8 years and I was the first of four master teachers hired for the position. Due to a RIF, one position was abolished: mine. I was sent back to the classroom due to
the fact that out of the four of us, I had the least amount of tenure in the district. Can there be seniority in the position? One of my colleagues mentioned that she has never taught a day in preschool and does not have a preschool cert or a nursery school cert – just a K-8 and was wondering why she was in the position for the last 3 years. I wonder too! Can you shed some light on seniority in the position and whether or not she should bump me without proper certification. Does her k-8 suffice for preschool? Thank you.
I was a half day Kindergarten teacher in my district for 2 years. I moved to a 1st grade full time position for my 3rd year. This March I was told that due to a RIF I would not be returning in Sept. I spoke to my principal who was out on Maternity leave and she said that she intended for me to return to my 1st grade classroom in the Fall it just needed to be approved by administration because of the RIF and all the positions being moved around. I then got a phone call saying another principal in the district wanted to interview me for a half day Kindergarten position. I called my principal and she said that “Things didn’t work out as she had planned and to go on the interview” I did. I was hired on the spot. My HR director said I would receive my tenure as a half day teacher. Apparently when they did their cuts an administrator was sent back to the classroom and they got my 1st grade position. But here’s my question: When I spoke to my principal she told me that they had a full day maternity leave job but that I wasn’t able to be placed their because they can’t place someone due for tenure september 1st in a position that as a maternity fill isn’t “an actual OPEN position.” This seems strange to me. Is she correct? Does that law not allow a tenure track teacher to fill a maternity position on their “one day?” Thanks
I am a nontenure teacher with a Masters Degree, three years experience, and two certifications. I signed a contract on May 30 for the new school year. Yesterday, two weeks before the commencement of my contract my boss calls and says I maybe RIFFED as a result of funding. Can this happen? What are my rights??? Don’t all nontenure get RIFFED than the most qualified will be re-hired?
i have been teaching in a district for two years. I was given a reduction in force slip this past summer. The position was made available again in the district and they renewed another teacher who had only been teaching for months I had glowing observation reports. Can they legally do this
I received tenure in my district and then moved out of state for one year. I was rehired by the same district and let go after two years. In December I received an update on my personal file from human resources that stated a date I had received tenure. When I inquired about it they said it was a typo. I researched new jersey tenure law and found that there are actually three ways / scenarios by which to obtain tenure. My association has failed me. Do you have any advise?
Do to recent cutbacks in NJ, I did not receive a contract back in May. I am a non-tenured teacher and was not too surprised at this. However, in late June, I was given a contract for the upcoming school year. As of yesterday, however, I was told that the contract given to me in late June was an error. I will not be returning in September due to the many employees that ARE tenured and have not received contracts. They have senority over me and my receipt of a contract was in error. Is this true? Can a contract just be revoked due to such circumstances?
I have standard cert. in K-8 and School Librarian. I have been a media specialist for 7 years, teaching only in my School Library cert. I then taught a year in the classroom using my K-8 cert. I know I have tenure as a media specialist, but do I have tenure as a K-8 teacher?
Your rights are as specified by your contract. Typically, you can be let go with 60 days notice.
As a non-tenured teacher, you have no claim to the position.
If you leave a district and then return, you might reacquire tenure.
I doubt it, but the contract probably states that the district owes you nothing more than 60 days notice to terminate it anyway so it probably isn’t worth fighting.
You have tenure as a teacher if and only if you meet the requirements (3 years + 1 day) as a teacher.
So, if I earn tenure as a media specialist using my school librarian cert. under a teaching contract, then teach one year in a 4th grade classroom in the same district using my K-8 cert. in a teaching contract, am I only tenured as a media specialist, or does my tenure extend to the 4th grade position as well?
Once a teacher completes 3 consecutive years and 1 day of service in the same school district that teacher earns tenure.
In NJ, are there a forms or fees that the teacher has to complete to for tenure?
How will the teacher be informed when he/she is tenured?
My understanding is that you would be tenured only as a media specialist.
Teachers acquire tenure automatically by being employed for the 4th year. There is no affirmative action required on the part of the board. While some districts may notify teachers who receive tenure I know of no requirement that they do so. No one explicitly told me when I acquired it.
I have been working for the same district and school for the past 9 years. Last year I went on Maternity Leave in April followed by a Family Leave to care for my child. My leave went through the end of the school year. I was notified the last day of school that I would no longer be working at the school and was transferred to another school. I later found out that a non-tenure teacher was put in my position- Is this right? Can they do this? If not, what actions can I take? I already talked to my union and they told me I should be happy I have a job. Please advise- Thank you.
Tenure does not protect you from transfer to another school within the district.
I was a teacher in a district for 5 years. After that I was placed on the Child Study Team in the same district. Do I continue to have tenure in the district as a teacher? I believe the answer is yes. Then, I was told that I have to re-obtain tenure as a Child Study Team member since it is a whole different position than a teacher. I was also told that it takes only 2 years since I already have tenure in the district. Does this sound right? I know this focuses on just teacher tenure, but any clarity on this would be greatly appreciated!! Thank you for your time.
After a tenured teacher gives birth to a child, I understand that the teacher is entitled to take 20 workdays off and utilize her sick days. If I were to take an additonal 10 workdays off without pay, would my seniority be reduced by those ten days? Thanks
You retain your tenure as a teacher. Does a position on the child study team require a different certification?
If my question was asked before I didn’t see it.
I wanted to know if non-tenure RIFed teachers and other tenure eligible staff would loose their vested time toward tenure in the district if they are recalled.
A reply to my email also if fine.
Thank you
My guess would be that if you were recalled, you would retain tenure. That’s only a guess though. The purpose of the wait before the acquisition of tenure is to give the district time to evaluate the teacher. If the teacher has already acquired tenure, it seems pointless to repeat the process. If you get an authoritative answer from somewhere, please share it here.
A teacher was employed for a teacher on leave and completed that first year with status on first step of salary guide. The second and third year were completed. Now, this September 1st the beginning of the 4th year of employment should be the tenure date. The district is denying tenure, as stating the first year of employment was a terminal contract for a teacher on leave. However, said teacher was employed for the second and third year in the same position completing three years of service. Is this right? Ia teacher entitled to tenure?
Every contract I’ve seen explicitly states that time spent as a leave replacement does not count toward tenure.