Bill Text: NJ A3629 | 2020-2021 | Regular Session | Introduced


Bill Title: Provides automatic effective rating for certain school district employees for whom annual summative evaluation is not conducted in any school year in order to protect tenure achievement timeline.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2020-03-16 - Introduced, Referred to Assembly Education Committee [A3629 Detail]

Download: New_Jersey-2020-A3629-Introduced.html

ASSEMBLY, No. 3629

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 16, 2020

 


 

Sponsored by:

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

 

 

 

 

SYNOPSIS

     Provides automatic effective rating for certain school district employees for whom annual summative evaluation is not conducted in any school year in order to protect tenure achievement timeline.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning tenure for certain public school employees and amending N.J.S.18A:28-5, P.L.2012, c.26, and N.J.S.18A:28-6.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    N.J.S.18A:28-5 is amended to read as follows:

     18A:28-5.   a.   The services of all teaching staff members employed prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) 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:

     (1)   Three consecutive calendar years, or any shorter period which may be fixed by the employing board for such purpose; or

     (2)   Three consecutive academic years, together with employment at the beginning of the next succeeding academic year; or

     (3)   The equivalent of more than three academic years within a period of any four consecutive academic years.

     b.    The services of all teaching staff members employed on or after the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) in the position 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:

     (1)   Four consecutive calendar years; or

     (2)   Four consecutive academic years, together with employment at the beginning of the next succeeding academic year; or

     (3)   The equivalent of more than four academic years within a period of any five consecutive academic years.

     In order to achieve tenure pursuant to this subsection, a teacher shall also complete a district mentorship program during the initial year of employment and receive a rating of effective or highly effective in two annual summative evaluations within the first three years of employment after the initial year of employment in which the teacher completes the district mentorship program.  In order to achieve tenure pursuant to this subsection, a principal, assistant principal, and vice-principal shall also receive a rating of effective or highly effective in two annual summative evaluations within the first three years of employment with the first effective rating being received on or after the completion of the second year of employment.

     For purposes of this subsection, if an annual summative evaluation is not conducted for a teacher, principal, assistant principal, or vice-principal in any given year of employment, the individual shall be deemed to receive a rating of effective on that annual summative evaluation and that rating shall be used in the determination of tenure achievement.

     For purposes of this subsection, "effective" or "highly effective" means the employee has received an annual summative evaluation rating of "effective" or "highly effective" based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner.

     c.     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.  Tenure so accrued shall not extend to any other administrative or supervisory position and nothing herein shall limit or restrict tenure rights which were or may be acquired pursuant to N.J.S.18A:28-6 in a position in which the individual actually served.

(cf: P.L.2012, c.26, s.9)

 

     2.    Section 1 of P.L.2012, c.26 (C.18A:28-5.1) is amended to read as follows:

     11.  A tenured teaching staff member who has been rated effective or highly effective on his most recent annual summative evaluation, and who accepts employment in the same position in an underperforming school 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 the employee receives a rating of effective or highly effective in at least one of the annual summative evaluations within the first two years of employment in the new school.

     For purposes of this section, if an annual summative evaluation is not conducted for a teaching staff member in any given year of employment, the individual shall be deemed to receive a rating of effective on that annual summative evaluation and that rating shall be used in the determination of tenure achievement.

     For purposes of this subsection, "effective" or "highly effective" means the employee has received an annual summative evaluation rating of "effective" or "highly effective" based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner.

     As used in this section, "underperforming school" means a school which has been identified by the Department of Education as a "focus school" or a "priority school" for any year within a two-year period.

(cf: P.L.2012, c.26, s.11)

 

     3.    N.J.S.18A:28-6 is amended to read as follows:

     18A:28-6.   a.   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:

     (1)   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

     (2)   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

     (3)   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.

     b.    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 the effective date of P.L.2012, c.26 (C.18A:6-117 et al.), shall not obtain tenure in the new position until after:

     (1)   the expiration of a period of employment of two consecutive calendar years in the new position; or

     (2)   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

     (3)   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.

     In order to receive tenure pursuant to this subsection, a teacher, principal, assistant principal, and vice-principal shall be evaluated as effective or highly effective in two annual summative evaluations within the first three years of employment in the new position.

     For purposes of this subsection, if an annual summative evaluation is not conducted for a teacher, principal, assistant principal, or vice-principal in any given year of employment, the individual shall be deemed to receive a rating of effective on that annual summative evaluation and that rating shall be used in the determination of tenure achievement.

     For purposes of this subsection, "effective" or "highly effective" means the employee has received an annual summative evaluation rating of "effective" or "highly effective" based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner.

(cf: P.L.2012, c.26, s.10)

 

     4.    This act shall take effect immediately.

STATEMENT

 

     Under current law, in addition to the requirement for a certain number of years of employment in the certificated position, in order to achieve tenure in a school district as a teacher, principal, assistant principal, and vice-principal, the individual must receive a rating of "effective" or "highly effective" in two annual summative evaluations within the three years of employment after the probationary year of employment.  Similarly, in order for a  teacher, principal, assistant principal, and vice-principal to acquire tenure when the individual is transferred or promoted with his consent to another position, the individual must receive an "effective" or "highly effective" rating on two annual summative ratings within the first three years of employment in the new position.  An "effective" or "highly effective" rating on the annual summative evaluation also must be received for tenure achievement when a tenured teaching staff member accepts employment in the same position in an underperforming school in a new district.

     The bill will protect the timeline for tenure acquisition for individuals for whom an annual summative evaluation is not conducted in any given school year, by deeming the individuals to have received an "effective" rating.  This will ensure that the timeline for tenure acquisition is not disrupted due to the district's failure to comply with State law mandating that an annual summative evaluation be conducted for these individuals.  The protection will apply to individuals who are newly hired by a district, individuals who are transferred or promoted with their consent to another position in the district, and individuals who transfer to a new district to accept employment in the same position in an underperforming school.

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