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The board of education shall forthwith notify the employee against whom the charge has been made of its determination, personally or by certified mail directed to his last known address. 18A:6-16, together with a certificate of such determination. Upon a showing of good cause, the commissioner may grant an extension of time. S.18A:28-5 is amended to read as follows: 18A:28-5. ) (pending before the Legislature as this bill) in the position of assistant superintendent, school nurse, including school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators, and any other nurse performing school nursing services, school athletic trainer and such other employees as are in positions which require them to hold appropriate certificates issued by the board of examiners, serving in any school district or under any board of education, excepting employees in the position of teacher, principal, assistant principal, and vice-principal, those who are not the holders of proper certificates in full force and effect, and school business administrators shared by two or more school districts, shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after employment in such district or by such board for:c. For purposes of this subsection, effective means the employee meets the performance standards established by the board of education for his position, as documented in the annual evaluation of the employee. Any such teaching staff member under tenure or eligible to obtain tenure under this chapter, who is transferred or promoted with his consent to another position covered by this chapter on or after July 1, 1962, shall not obtain tenure in the new position until after: (a) the expiration of a period of employment of two consecutive calendar years in the new position unless a shorter period is fixed by the employing board for such purpose; or (b) employment for two academic years in the new position together with employment in the new position at the beginning of the next succeeding academic year; or (c) employment in the new position within a period of any three consecutive academic years, for the equivalent of more than two academic years; provided that the period of employment in such new position shall be included in determining the tenure and seniority rights in the former position held by such teaching staff member, and in the event the employment in such new position is terminated before tenure is obtained therein, if he then has tenure in the district or under said board of education, such teaching staff member shall be returned to his former position at the salary which he would have received had the transfer or promotion not occurred together with any increase to which he would have been entitled during the period of such transfer or promotion. Dismissals resulting from any such reduction shall not be made by reason of residence, age, sex, marriage, race, religion or political affiliation but , except in the case of a teaching staff member employed in the position of teacher, principal, assistant principal, or vice-principal who acquires tenure after the effective date of P. In the event the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal or reduction of salary, then it shall forward such written charge to the commissioner for a hearing pursuant to N. Provided, however, that if the charge is inefficiency, prior to making its determination as to certification, the board shall provide the employee with written notice of the alleged inefficiency, specifying the nature thereto, and allow at least 90 days in which to correct and overcome the inefficiency. The commissioner shall render a determination on the sufficiency of charges days immediately following the period provided for a written response to the charges. in the positions of teacher, principal, other than administrative principal, assistant principal, vice-principal, assistant superintendent, and all school nurses including school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators, and any other nurse performing school nursing services, school athletic trainer and such other employees as are in positions which require them to hold appropriate certificates issued by the board of examiners, serving in any school district or under any board of education, excepting those who are not the holders of proper certificates in full force and effect and school business administrators shared by two or more school districts, shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after employment in such district or by such board for: b. The services of all teaching staff members employed on or after the effective date of P. For purposes of this chapter, tenure in any of the administrative or supervisory positions enumerated herein shall accrue only by employment in that administrative or supervisory position. For purposes of this section, effective means the employee meets the performance standards established by the board of education for his position, as documented in the annual evaluation of the employee. ) (pending before the Legislature as this bill), ineffective means the employee fails to meets the performance standards established by the board of education for his position, as documented in the annual evaluation of the employee. A panel shall include the principal, an assistant or vice-principal, and a teacher or other member of the instructional staff nominated by the principal and approved by the instructional staff. Any such appeal initiated by an employee shall be directed to an administrative law judge within 30 days of the revocation of the employees tenure status. Notwithstanding any provision of law to the contrary, the superintendent, or a designee with expertise in school district personnel, shall revoke the tenure granted to a principal if the principal is evaluated as ineffective in two consecutive annual evaluations. The revocation of the tenure status of a principal shall not be subject to grievance or appeal unless the grievance or appeal relates to a charge that the superintendent, or his designee, failed to adhere substantially to the approved evaluation system. ) (pending before the Legislature as this bill) shall reacquire tenure in that position, in the event that the district determines to continue his employment, during good behavior and efficiency and shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after the employee receives a rating of effective in each of two consecutive annual evaluations. (New section) A board of education shall adopt a policy to establish a mentoring program that pairs experienced teachers with first-year teachers to provide confidential support and guidance in accordance with the Professional Standards for Teachers. ) (pending before the Legislature as this bill) in order to be responsive to the unique needs of different teachers in different instructional settings. To the greatest extent feasible, professional development opportunities shall be developed in consultation with the school improvement panels established pursuant to section 14 of P. The board shall ensure that an approved rubric is partially based on objective measures of student growth. (New section) The Commissioner of Education shall review and approve evaluation rubrics submitted by school districts pursuant to section 21 of P. The bill shortens the timeframe under which the Commissioner of Education must render a determination on the sufficiency of a tenure charge and refer the case to the Office of Administrative Law from a 25-day period to a 10-day period. In order to ensure the effectiveness of its teachers, each school shall convene a school improvement panel. Notwithstanding any provision of law to the contrary, any action taken by a principal to appoint or remove an employee shall not be subject to approval by either the superintendent of schools or the board of education. Notwithstanding any provision of law to the contrary, the principal, in consultation with the panel, shall revoke the tenure granted to an employee in the position of teacher, assistant principal, or vice-principal if the employee is evaluated as ineffective in two consecutive annual evaluations. The revocation of the tenure status of a teacher, assistant principal, or vice-principal shall not be subject to grievance or appeal unless the grievance or appeal relates to a charge that the principal failed to adhere substantially to the approved evaluation system. A board of education shall adopt a policy to provide its teaching staff members with ongoing professional development that supports student achievement. The additional professional development shall be designed to correct the needs identified in the evaluation. (New section) A school district shall annually submit to the Commissioner of Education, for review and approval, the evaluation rubrics that the district will use to assess the effectiveness of its teachers, principals, assistant principals, and vice-principals. A teacher who acquired tenure prior to the bills effective date and whose position was eliminated due to a school closure, or any other type of reduction in force, will retain his seniority rights pursuant to N. This bill streamlines the process under the current tenure hearing laws by establishing timelines designed to expedite the process. TERESA RUIZ District 29 (Essex and Union) SYNOPSIS Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act. if he is or shall be under tenure of office, position or employment during good behavior and efficiency as a supervisor, teacher or in any other teaching capacity in the Marie H. Any charge made against any employee of a board of education under tenure during good behavior and efficiency shall be filed with the secretary of the board in writing, and a written statement of evidence under oath to support such charge shall be presented to the board. S.18A:6-13 is amended to read as follows: 18A:6-13. S.18A:6-16 is amended to read as follows: 18A:6-16.

All other school district employees currently eligible for tenure will be able to obtain tenure after a three-year period of employment, as established by existing law.

The bill provides that the panel will be directly involved in the hiring of new teachers, oversee the mentoring of teachers, and conduct annual evaluations of teachers.

The panel will include the principal, an assistant or vice-principal, and a teacher or other member of the instructional staff nominated by the principal and approved by the instructional staff.

18A:28-12 is amended to read as follows: 18A:28-12. of this section, a teacher, principal, assistant principal, or vice-principal shall be evaluated as effective in two consecutive annual evaluations. The initial hearing on the charge shall commence within 30 days of its transmittal to the Office of Administrative Law. Upon transmittal of the charge, the employing board of education shall provide all evidence to the employee or the employees representative. S.18A:6-25 or any other section of law to the contrary, the final determination on the controversy or dispute shall be rendered within 30 days of the start of the hearing by the administrative law judge. The bill also provides that the State Board of Examiners may only review those tenure cases in which the administrative law judges findings were in support of the charges. L.1998, c.42 (C.B-10.1), which outlines the procedure tenure cases currently follow when referred to the Office of Administrative Law.

Any teaching staff member under tenure pursuant to State law who accepts employment in the same position in another school district shall be under tenure in that position in the new district during good behavior and efficiency and shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after employment in such district for: (1) Two consecutive calendar years; or (2) Two consecutive academic years, together with employment at the beginning of the next succeeding academic year; or (3) The equivalent of two academic years within a period of any three consecutive academic years. In order to receive tenure pursuant to subsection a. S.18A:6-17 or any other section of law to the contrary, any tenure charge transmitted to the Office of Administrative Law pursuant to N. S.18A:6-16 shall be adjudicated in an expeditious and timely manner as follows: a. If the decision of the administrative law judge is in support of the tenure charges, the Commissioner of Education shall notify the State Board of Examiners, in writing, of the decision. The State Board of Examiners shall only review a tenure charge case referred to an administrative law judge pursuant to N. S.18A:6-16 if it has received notification pursuant to subsection a. Under current law, a determination of any controversy or dispute must be made within 60 days after the close of the hearing.




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