AR Handbook – 67
or in each of the constituent districts
in the event of a dissolution, and all
of their rights of tenure, seniority,
pension, leave of absence and other
similar benefits shall be recognized
and preserved and any periods of
prior employment in the regional
district shall count toward the acquisition
of tenure to the same extent
as if all such employment had been
under the withdrawing district or in
any of the constituent districts in the
event of a dissolution. In the event of
a withdrawal, any tenured employee
in a school located in the withdrawing
district who desires to remain in
the employ of the regional district,
and whose seniority under existing
tenure laws so permits, may apply
for and shall be granted a transfer to
a position with the regional district
for which he is certified which is
vacant, held by a tenured employee
with less seniority or by an employee
without tenure; applications for such
transfers shall be made within 45
days of the date of the special school
election at which the withdrawal was
approved.
L.1975,c.360,s.14; amended
1993,c.255,s.13.
Tenure
18A:17-2 Tenure of secretaries,
school business administrators,
assistant secretaries, business
managers, and secretarial and
clerical employees
a. Any secretary, assistant secretary,
school business administrator
or business manager of a
board of education of any school
district who has or shall have
devoted his full time to the duties
of his office and has or shall
have served therein for three
consecutive calendar years, and
b. Any person holding any
secretarial or clerical position or
employment under a board of
education of any school district
or under any officer thereof,
after
1. The expiration of a period
of employment of three
consecutive calendar years
in the district or such
shorter period as may be
fixed by the board or officer
employing him, or
2. Employment for three
consecutive academic years,
together with employment
at the beginning of the next
succeeding academic year,
an academic year being
the period between the
time when school opens
in the district after the
general summer vacation
and the beginning of the
next succeeding summer
vacation, and
c. Any person, who has acquired,
or shall hereafter acquire, tenure
in any secretarial or clerical
office, position or employment
under the board of education
of a school district and has
been appointed district clerk
or secretary, or shall hereafter
be appointed secretary of said
district, as such secretary,
shall hold his office, position
or employment under tenure
during good behavior and
efficiency and shall not be
dismissed or suspended or
reduced in compensation,
except for neglect, misbehavior
or other offense and only in the
manner prescribed by subarticle
B of article 2 of chapter 6
of this title.
18A:28-3 No Tenure for
Noncitizens
No teaching staff member shall acquire
tenure unless he is, or until he
shall become, a citizen of the US.
18A:28-4 Teaching Staff
Members Not Certified, Not to
Obtain Tenure: Exception
No teaching staff member shall
acquire tenure in any position in the
public schools in any school district
or under any board of education,
who is not the holder of an appropriate
certificate for such position,
issued by the State Board of Examiners,
in full force and effect, except
that no board of education shall
terminate the employment or refuse
to continue the employment or
reemployment of
a. any school nurse appointed
prior to May 9, 1947, for the
reason that such nurse is not the
holder of such a certificate and
the State Board of Examiners
shall make no rule or regulation
which will affect adversely the
rights of any such nurse under
any certificate issued prior to
said date.
b. a school athletic trainer
appointed prior to the
effective date of P.L. 1999, c.
87 (C.18A:26-2.4 et al.) for the
reason that the school athletic
trainer is not the holder of a
certificate, provided that the
person is registered with or
licensed by the NJ State Board
of Medical Examiners, as
applicable, as an athletic trainer.
That person shall be issued the
new certificate without being
required to meet any additional
qualifications, and any periods
of employment as an athletic
trainer prior to the effective date
of that act shall count toward the
acquisition of tenure to the same
extent, as employment after the
effective date of that act.