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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)
Yes, a position on the Child Study Team as an LDT-C does require a completely different certification.
I went out on maternity leave for 6 months. When I returned, they decided to keep my sub and put me in a different position. Can they leagally do that? Plus, I was wondering if the time as my sub counts towards my replacements tenure?
Your district can reassign you to any position for which you are certified at any time for any reason. Maternity leave replacements rarely receive tenure credit.
In New Jersey a non us citizen cannot become a tenured teacher; I really don’t know why.
For my understanding can anyone clarify if this rule is effective in other states in the US.
N.J.S.A 18A:6-10 states “No tenured employee can be dismissed or REDUCED in compensation except for inefficiency, incapacity,unbecoming conduct or other just cause.” How can the State of New Jersey deduct payments for healthcare costs from the gross pay of tenured teachers when the teacher has not signed for that deduction and, I believe, it reduces the compensation without cause.
Thank you
Tenure protects against actions which affect individual employees. It does not provide protection against the elimination of a position nor against salary reductions imposed on everyone. Also, tenure protection was established by legislation and it can be removed or altered by legislation.
I was laid off last June after teaching in that district for two years. I was hired by another district earlier this month. My old district has asked if I want to come back. If I choose to go back to my old district, will my time vested there count towards tenure (next year)?
Thanks.
No. You must work 3 consecutive years in the same district.
I was hired as a teacher in my district October 2007. I worked until June 2010 when I was RIF’d along with all the other non-tenured teachers. Over the summer, I was offered a part time position in my school as a reading teacher. I specifically asked HR if I would receive tenure from this position because while it was part time, it was still a one year contracted position. He told me yes, I would get my tenure, and that is what made me take the job. Today I found out that I don’t have tenure, but I have “part time tenure” meaning that I am not automatically eligible for any open full time positions. I was also told that the only way I could automatically get a full time position is if my job were eliminated. I’ve never heard of part time tenure and I don’t understand how working full time for three years and then 2 months of part time makes me “part time tenured”? Is there such a thing and is this legal?
New Jersey tenure law does not contain any concept of part time tenure. Since you were not tenured when you were not rehired as a full time teacher, you are not protected by tenure law. If you think the treatment you received may be illegal under a different law, you may wish to contact an attorney. Personally, I don’t think the treatment you received is illegal.
I am a tenured teacher in a district. If they eliminate my position do they have to offer me another postion for which I am certified over non-tenured teachers even if I have no experience in that position in the district?
Yes. I believe that is what the law requires.
Question about tenure…… hired 1/01/07….. got notice of non renewal on 11/29/10…. paying me for 60 days after on board payroll until 1/29/11. Does this mean I have tenure since I am still employed being paid…. How many days notice do they have to give you if they are not going to give you tenure…. njea said 60 days…. but they gave me less than that…
You would have to convince either the Commissioner of Education or an administrative law judge that your circumstances meet the requirements for tenure. I don’t think it is likely that you will be able to do so.
Your contract will specify the amount of notice, if any, required. As a non-tenured teacher you are not afforded any additional protections by tenure law.
thanks I was able to get an attorney to take my case on continency. as I also have a discrimination case with the EEOC
Interesting. Feel free to share here how the case turns out.
I worked for 3 years in a full time teaching position. With the budget cuts last year I was reduced to part-time but obtained tenure in September. If my position is cut next year would I have to be offered a non-tenured teacher’s spot even if it is full time. It is my understanding that their is no such thing as part-time tenure and that as long as there are non-tenured teachers in the district I would retain a position if my spot was eliminated. Correct?
I’ve never seen a situation in which a part time teacher obtained tenure. To the best of my knowledge, you would be entitled to bump any non-tenured teacher who held a position for which you were certified. You would have to consult your association representatives or even an attorney for an authoritative answer.
Does “Highly Qualified” factor into seniority lists for RIFing? Meaning, can a tenure more senior Special Education teacher be RIFed based upon the schools need for a particular “Highly Qualified” Special Education teacher with lesser seniority,disregarding certification seniority?
There appears to be no mention of highly qualified status in tenure law. My guess is that it cannot be considered.
Can teachers working as bilingual (with no bilingual certifications) and taking college credits at the same time for their bilingual certifications become tenure after three years working as bilingual teacher in the same district?
Tenure applies only to certificated positions. If you held a certificate before you taught for the required time period you would obtain tenure under that certificate. If you hold no certificate you cannot obtain tenure.
Hi!
I have a question. I was hired as a band director in my district at 2/5 salary, working 2 days a week. Now, because of budget cuts, they want to eliminate the band program. I have been at my school for 10 years & am certified and have past experience to teach general music as well. The full-time general music teacher doesn’t have tenure. If they have to eliminate a music teaching position, is there any hope that I could ask to teach general music instead? Would seniority/tenure help me out at all here? Or because I was hired only to teach instrumental music, I am out of a job?
Do you have tenure in any position in the district?
I have been with my school district for 8 years. The first seven, I taught as a media specialist. I gained tenure in this position. I was then moved to a K-8 position, therefore using my K-8 cert. for one year. There is now talk that I may be put back in the Media Specialist position next year. For seniority purposes, will I have 7 or 8 years under my MS cert, and does my move toward K-8 tenure, which needs 2 years, stop?
Can K-5 Certified teachers (standard certification) work in grades 6-8 in any subject?
I believe New Jersey requires subject level certification for most or all middle school teachers. It is my understanding that high school subject level certifications are also acceptable for middle school positions. If you already hold a K-5 certificate, you may be able to obtain a 5-8 certificate by taking a subject level test.
You may wish to review the PRAXIS test requirements for New Jersey provided by ETS and the certification requirements provided by the NJDOE.
There is a rumor my district s pink slipping the whole ditrict so it can eliminate some of the “crappy “tenured teachers… Can this happen?
You district can eliminate the positions of tenured teachers. It cannot fire all of the teachers and replace them with junior staff.
I have been with my school district for 8 years. The first seven, I taught as a media specialist. I gained tenure in this position. I was then moved to a K-8 position, therefore using my K-8 cert. for one year. There is now talk that I may be put back in the Media Specialist position next year. For seniority purposes, will I have 7 or 8 years under my MS cert, and does my move toward K-8 tenure, which needs 2 years, stop now?
Our district is about to restructure our middle school and everyone seems a bit unclear on seniority/bumping. Here is my situation. District will need to reassign 3 middle school social studies teachers. They all have tenure. 2 of them achieved tenure this year. This means they have 3 1/2 years of total service in the district, all of them as SS teachers. I am also a middle school SS teacher. I am in my 7th year in the district however, I spent the first 6 years in middle school special education. I switched to SS this year so I have 6 yrs spec ed and 1/2 year SS. My question is this: can these SS teachers bump me b/c they have more years as SS teachers or can I keep my position since I have total seniority? One of the teachers also has an elementary cert but have never taught elem in the district. It is my understanding that she cannot bump a tenured elem teacher but could bump a nontenured one, of whom there are many in the district. Could the district move her to elem and let me keep my new SS position or should I be planning on be switched back to spec ed? Thank you.
My daughter was tenured this past year. her district is warning that all first and second year tenured teachers may have to be cut next year. If this happens must these teachers be the first to be rehired when new hiring occurs?
If so, will they be rehired at the same level on the salary guide? Thank you.
I have a question regarding the acquisition of tenure. A teacher at my school was only observed 2 times last year and because of that he automatically got tenure (not having had the 3 observations a year before tenure requirement) Is this a law or a decision by our board? If it is a law, where can i find it. thanks so much. sue
I was hired as a “part time ESL instructor’ in a non-tenured position. After the first year, I was working full time hours. This has continued for twelve years. I am told by my district that I am not entitled to tenure because I am a part timer. How can this be if I am working full time hours? Am I entitled to tenure under the law?
I worked 11 years as a teacher, thus gaining tenure. I then worked one year as a supervisor in the same district before moving to a principal position in the same district which I have held for 3 years. My question is: I have tenure as a teacher and a principal. Did I accrue tenure as a supervisor also?
No. You did not hold the position for 3 years and 1 day.
my wife was out for close to a year on FMla/FLA and sick time. She has been told that the particular year does not count toward her seniority when it comes to bumping rights… COrrect?
I am a part time teacher in NJ and have worked in the same district for 15 years. I do have tenure.
I was tenured in a school district (four years) and RIFFed with all the other art and music teachers due to budget cuts. Though I’m low on the seniority pole can the district hire new applicants and skip over me altogether? There seems to be no clear answer on the legality of me getting my job back (that I can find).
My wife is a licensed physical therapist with tenure and working under contract in a special school district for disabled children in Bergen County, NJ for developmentally challenged school children. She consistently is rated the highest rated PT in her department which has about 8 full time tenured physical therapists. She works for the special school district but is NOT a teacher, rather she is a licensed healthcare therapist. Unfortunately, even though she has been there five years, she is the second least tenured PT in her department. There are PTs that are literally almost 80 years old working there. Does the NJ law on seniority and tenure for teachers affect her because she is working in a school district?
Tenure law applies to most certificated positions in public schools. You mentioned that your wife has tenure. If that’s true, I believe she is covered by the same seniority rules.
First, a million thanks for this valuable website. It is a wealth of information. I am certified to teach in multiple areas. I was hired to begin teaching one discipline in January 2008. I became tenured in January 2011. My position was reduced to part time this year due to a limited population, and will continue to be as such next year. I can’t afford to work part time another school year.
I have the certifications to teach a course that is currently being covered by first year teacher. Does my tenure entitle me to be hired for this position if I express interest, or is tenure only subject specific? Thank you for the time you spend on this site! I look forward to your reply.
I’ve asked this myself and have received different responses from different people, none of whom could ever provide an authoritative source to support their answer. The most relevant part of NJ law I could find is:
“In the case of any such reduction the board of education shall determine the seniority of the persons affected according to such standards and shall notify each such person as to his seniority status, and the board may request the commissioner for an advisory opinion with respect to the applicability of the standards to particular situations, which request shall be referred to a panel consisting of the county superintendent of the county, the secretary of the state board of examiners and an assistant commissioner of education designated by the commissioner and an advisory opinion shall be furnished by said panel. ”
My understanding of the above, which could be wrong, is that the board gets to decide.
Thank you for your quick reply. I am in a tiny district and was hoping for a more concrete answer to avoid the dramatics, but based on your advice it isn’t going to happen. The first year teacher I referred to in my initial post graduated from this school, lives in town, and was hired by a board that she has family on. Given this information, in your opinion, does my ambition of teaching this position full time seem like a lost cause?
Due to cuts, our department is losing one teaching position. There are two teachers who are tied in seniority and a coin toss will be used to determine which of the two is RIFed. One of the two would like to be the one to go, but is concerned about offering to eliminate the need for a tiebreaker for fear of losing unemployment eligibility. Since the position is already being RIFed, this would not be considered a resignation; nonetheless, there is a fear of losing benefits. Is there anything in writing that would confirm or deny unemployment benefits in a situation like this? Thank you.
I don’t think you’ll be able to force your way into a full time job at the district using tenure law.
Unemployment benefits are not related to tenure law. There is a quite a bit of information available online about unemployment benefits from different states.
Can you point me to the code or the rules on how seniority lists are created that would be used if two districts were to merge in a consolidation?
thank you!
I’m not sure this will help much, but you might try searching for 18A:8-34 in the PDF of Title 18A linked to in my post.
I am in my fourth year of working in a charter school. On the first day of the fourth year I was granted tenure. In the spring I was informally informed that the position I was hired to fill (a classroom teaching position) was in fact a leave replacement for a teacher who had been granted a 5 year leave. I was never informed of this when I was hired, nor was it stated in my contract at any time. I was recently told that the teacher on a five year leave may in fact be returning and that I may be let go. Does my school have any right to do this considering I received tenure and have only had positive reviews of my performance? I also have all of the proper certifications. The teachers at my school are not part of a union.