AR Handbook – 63
have actually reported for work.
Members have the right to have representative
(s) of their own choosing
present at interviews which have
been called by the board or a board
committee at which their status of
employment may be in jeopardy.
Members should be advised to
obtain a release from an existing
contract before signing another. For
certified employees, failure to fulfill
the terms of an existing contract can
bring serious professional and personal
penalties, including revocation
of your license in the state for a year
following the violation.
Tenure and employee rights such as
pension, and accumulated sick leave
are protected when a district regionalizes,
consolidates, or discontinues
any grade and sends its students to
another school district. The seniority
rights of teachers are also protected.
New Jersey law sets May 15 as the
deadline for notifying nontenured
teachers of nonrenewal of contracts.
Nontenure
6:3-4.2 Procedure for
appearance of nontenured
teaching staff members before
a local board of education
upon receipt of notice on nonreemployment.
A nontenured teaching staff member
who has requested in writing and
has received a written statement
of reasons for non-reemployment
(pursuant to NJSA 18A:27-3.3)
may request in writing an informal
appearance before the local board of
education. This written request must
be submitted to the board within
ten calendar days of receipt of the
board’s statement of reasons. Such
an informal appearance (provided
under NJSA 10:4-12b(8)) shall be
scheduled within 30 calendar days
from receipt of the board’s statement
of reasons.
A nontenured teaching staff member’s
appearance before the board
regarding non-reemployment shall
not be an adversary proceeding. The
purpose of such an appearance shall
be to permit the staff member to
convince the members of the board
to offer reemployment.
Each local board shall determine
a reasonable length of time for the
proceeding and provide adequate
written notice to the employee
regarding the date and time of the
informal appearance. The nontenured
teaching staff member may
choose a representative to be present
at the hearing.
Witnesses may appear on behalf of
the staff member. Such witnesses
need not present testimony under
oath and shall not be cross-examined
by the board. Witnesses shall
be called into the meeting to address
the board one at a time and shall be
excused from the meeting after making
their statements.
Within three days following the
informal appearance, the board
shall notify the affected teaching
staff member, in writing, of its final
determination.
These rules and requirements should
be considered as minimal standards
and do not preclude your right to
negotiate improved evaluation procedures
for the protection of nontenured
teachers.
Protection
Unified members are assured protection
of their professional rights in
state and federal courts through financial
aid from NJEA’s Professional
Rights and Responsibilities (PR&R)
Committee and the NEA DuShane
Fund. Help in extraordinary crises
also comes from the Paul Dimitriadis
Rights Fund and the School
Employees Loan Fund. In addition,
individual members are assured of
financial assistance during crises
through interest-free loans made
possible under the National School
Employees Assistance Fund. (The
massive strength of NEA, NJEA, and
other state associations stand behind
this ”Credit Bank.”)
In many cases, early contact with
your nearest NJEA/NEA UniServ
office may resolve the problem without
litigation.