Bill Text: NJ A3811 | 2014-2015 | Regular Session | Introduced
Bill Title: Eliminates contractual tenure for superintendents of schools and administrative principals and reinstates career tenure for these positions after employment of seven years or two contract terms, whichever is longer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-10-09 - Introduced, Referred to Assembly Education Committee [A3811 Detail]
Download: New_Jersey-2014-A3811-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Eliminates contractual tenure for superintendents of schools and administrative principals and reinstates career tenure for these positions after employment of seven years or two contract terms, whichever is longer.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the tenure of superintendents of schools and administrative principals, revising various parts of the statutory law, and supplementing chapter 28 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:17-15 is amended to read as follows:
18A:17-15. The board of education of a Type I district and of any Type II district, now having or hereafter authorized to have a superintendent of schools, may [, by contract] appoint, for a term of not less than three nor more than five years and expiring July 1, a superintendent of schools by the recorded roll call majority vote of the full membership of the board.
A superintendent of schools may be appointed for a like term also in any other Type II district or in any other two or more Type II districts as follows:
Application for the establishment of the office of superintendent of schools for a district or for two or more districts which determine to share a superintendent shall be made to the executive county superintendent of the county or the executive county superintendent of each of the counties in which such district or districts are situate and if said application is agreed to in writing by such executive county superintendent or executive county superintendents and shall be approved by the commissioner and the State board, the board of education of such a district so applying may appoint a superintendent of schools for a single district in the manner hereinbefore provided or may appoint a superintendent for two or more districts in the manner provided by section 4 of P.L.1996, c.111 (C.18A:17-24.1).
(cf: P.L.1996, c.111, s.2)
2. N.J.S.18A:17-20 is amended to read as follows:
18A:17-20. [a. Any] The superintendent of schools[, who has acquired tenure in the position of superintendent as of the effective date of P.L.1991, c.267 (C.18A:17-20.1 et al.),] shall be the chief executive and administrative officer of the board or boards of education employing him and shall have general supervision over all aspects, including the fiscal operations and instructional programs, of the schools of the district or districts under rules and regulations prescribed by the State board and shall keep himself informed as to their condition and progress and shall report thereon, from time to time, to, and as directed by, the board and he shall have such other powers and perform such other duties as may be prescribed by the board or boards employing him.
He shall have a seat on the board or boards of education employing him and the right to speak on all [educational] matters at meetings of the board or boards but shall have no vote.
[b. Any superintendent of schools who has not acquired tenure in the position of superintendent as of the effective date of P.L.1991, c.267 (C.18A:17-20.1 et al.) but who holds tenure during the term of his employment contract pursuant to section 5 of P.L.1991, c.267 (C.18A:17-20.2), shall be the chief executive and administrative officer of the board or boards of education employing him and shall have general supervision over all aspects, including the fiscal operations and instructional programs, of the schools of the district or districts under rules and regulations prescribed by the State board and shall keep himself informed as to their condition and progress and shall report thereon, from time to time, to, and as directed by, the board and he shall have such other powers and perform such other duties as may be prescribed by the board or boards employing him.
He shall have a seat on the board or boards of education employing him and the right to speak on all matters at meetings of the board or boards but shall have no vote.]
(cf: P.L.1991, c.267, s.2)
3. Section 6 of P.L.2007, c.53 (C.18A:17-20.2a) is amended to read as follows:
6. a. Prior to a board of education entering an agreement [for an early termination of an employment contract entered into with] to terminate the employment of its superintendent of schools [pursuant to the provisions of N.J.S.18A:17-15,] that includes the payment of compensation to the superintendent as a condition of separation from service with the district, the board shall submit the agreement to the Commissioner of Education for approval. The agreement shall be submitted by certified mail, return receipt requested. The commissioner shall evaluate the agreement and have the authority to disapprove the agreement if the payment of compensation as a condition of separation from service is found to be excessive. The determination of the commissioner shall be made within 30 days of receipt of the agreement.
As used in this subsection, "compensation" includes, but is not limited to, salary, allowances, bonuses and stipends, payments for accumulated sick or vacation leave, contributions toward the costs of health, dental, life and other types of insurance, medical reimbursement plans, retirement plans, and any in-kind or other form of remuneration.
b. The Commissioner of Education shall adopt regulations in accordance with the provisions of section 6 of P.L.2008, c.37 (C.18A:11-13) to establish the allowable parameters of [early termination] separation of service agreements.
(cf: P.L.2008, c.37, s.2)
4. Section 6 of P.L.1991, c.267 (C.18A:17-20.3) is amended to read as follows:
6. a. Every local board of education having a superintendent shall evaluate the performance of the superintendent at least once a year. Each evaluation shall be in writing, a copy shall be provided to the superintendent and the superintendent and the board shall meet to discuss the findings. The evaluations shall be based upon the goals and objectives of the district, the responsibilities of the superintendent and such other criteria as the State Board of Education shall by regulation prescribe. Any employment contract entered into [pursuant to N.J.S.18A:17-15] with a superintendent of schools shall provide for an evaluation pursuant to this section and may provide for additional evaluation criteria or procedures which shall not be inconsistent with the regulations of the State board.
b. The New Jersey School Boards Association shall establish a training program for local school board members on the evaluation of superintendents pursuant to subsection a. of this section. Every newly appointed or elected school board member shall complete the training program within six months of commencement of his term of office.
(cf: P.L.1991, c.267, s.6)
5. Section 8 of P.L.1991, c.267 (C.18A:17-20.4) is amended to read as follows:
8. a. Nothing in [this section or in this act] P.L.1991, c.267 (C.18A:17-20.1 et al.) shall affect any tenure rights which shall have already accrued to any superintendent prior to the effective date of [this] that amendatory and supplementary act. A superintendent of schools promoted from within a district shall retain all tenure rights accrued in any position which was previously held by the superintendent in the district.
b. A superintendent of schools who on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) holds tenure during the term of his employment contract, shall not be eligible to accrue credit toward tenure acquisition pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) until the expiration of the term of his employment contract in effect on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). During the term of that employment contract, the superintendent shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming a superintendent or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes.
(cf: P.L.1991, c.267, s.8)
6. Section 9 of P.L.1991, c.267 (C.18A:17-20.5) is amended to read as follows:
9. In any district not having a superintendent of schools, the board of education shall appoint an administrative principal for the district. In a district having two or more schools the board shall appoint the principal of one of those schools as administrative principal, and in a district having only one school, the principal of that school shall be so appointed. The appointment of an administrative principal shall be made [by contract] for a term of not less than three nor more than five years and expiring July 1, by the recorded roll call majority vote of the full membership of the board. [Reappointment of the administrative principal shall be governed by the same provisions as set forth in section 4 of P.L.1991, c.267 (C.18A:17-20.1) with respect to superintendents.]
The administrative principal shall have all the powers, authority, privileges, rights and duties set forth in N.J.S.18A:17-20 and [sections 5 and] section 6 of P.L.1991, c.267 (C.[18A:17-20.2 and] 18A:17-20.3) with respect to superintendents.
[No administrative principal hereafter appointed shall have tenure in any other position in the district; but nothing] Nothing in this section or in P.L.1991, c.267 (C.18A:17-20.1 et al.) shall affect any tenure rights which shall have already accrued to any individual who was appointed as or functioning as an administrative principal prior to the effective date of P.L.1991, c.267 (C.18A:17-20.1 et al.).
An administrative principal who on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) holds tenure during the term of his employment contract, shall not be eligible to accrue credit toward tenure acquisition pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) until the expiration of the term of his employment contract in effect on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). During the term of that employment contract, the administrative principal shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming an administrative principal or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes.
(cf: P.L.1991, c.267, s.9)
7. (New section) The services of a superintendent of schools and an administrative principal employed on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) serving in a school district or under any board of education, excepting those who are not the holders of proper certificates in full force and effect, 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 the superintendent or administrative principal, 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 whichever is longer:
a. Seven consecutive calendar years;
b. Seven consecutive academic years, together with employment at the beginning of the next succeeding academic year; or
c. The completion of two contract terms.
8. The following sections are repealed:
Sections 4 and 5 of P.L.1991, c.267 (C.18A:17-20.1 and 18A:17-20.2).
9. This act shall take effect immediately.
STATEMENT
This bill will return career tenure to persons holding the position of superintendent of schools. Pursuant to P.L.1991, c.267 (C.18A:17-20.1 et al.), career tenure for superintendents of schools was replaced with a period of tenure for the duration of the contract between the board of education and the superintendent, commonly referred to as contract tenure. This bill provides that superintendents with contract tenure will not be eligible to begin accruing credit for the acquisition of career tenure until the end of the current term of their employment contract.
P.L.1991, c.267 (C.18A:17-20.1 et al.) also provided contract tenure to administrative principals. Pursuant to this bill, these persons will accrue career tenure under the same conditions as superintendents.
Under the provisions of the bill the length of service necessary to acquire tenure as a superintendent or administrative principal would differ from the length of service necessary for all other teaching staff members. A superintendent or administrative principal would acquire tenure after employment for whichever is longer:
· Seven consecutive calendar years;
· Seven consecutive academic years, together with employment at the beginning of the next succeeding academic year; or
· The completion of two contract terms.
The bill repeals a section of law concerning the procedure for the renewal of a superintendent's employment contract under contract tenure. Another section of law that sets forth the conditions pursuant to which a superintendent may be dismissed or reduced in compensation during the term of the contract is also repealed.
This bill does not alter the contract tenure that is provided to superintendents of schools when that position is shared by two or more school districts pursuant to P.L.1996, c.111 (C.18A:17-24.1 et al.).
