18A:28-5 Tenure of Teaching
Staff Members
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
68 – AR Handbook
(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,1 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,
“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