AR Handbook – 69
restrict tenure rights which were
or may be acquired pursuant to
NJSA18A:28-6 in a position in
which the individual actually
served.
18A:28-6 Tenure Upon Transfer
or Promotion
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, “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.
18A:28-6.1 Tenure Upon
Discontinuance of School
Whenever, heretofore or hereafter,
any board of education in any
school district in this state shall
discontinue any high school, junior
high school, elementary school or
any one or more of the grades from
kindergarten through grade 12 in
the district and shall, by agreement
with another board of education,
send the pupils in such schools or
grades to such other district, all
teaching staff members who are
assigned for a majority of their time
in such school, grade or grades and
who have tenure of office at the time