This is a presentation created for an Advanced School Law class. The goal of the presentation is to provide a primer for NJ educators on the topic of Tenure. A basic history of tenure and summary of the case-law that has shaped it is included.

2. “The tenure contract is designed primarily to
provide a measure of security for teachers and
to ensure that they are protected from arbitrary
and capricious treatment by school authorities.”
(Essex, 2012, p. 249)

3. “The tenure contract is designed primarily to
provide a measure of security for teachers and
to ensure that they are protected from arbitrary
and capricious treatment by school authorities.”
“Tenure also is viewed as a means of providing
a degree of permanency in the teaching force
from which students ultimately benefit.”
(Essex, 2012, p. 249)

4. National Education Association (NEA) was
founded in 1857 as a policy making body
Tenure became a topic for discussion in the late
19th Century as conditions in schools continued to
deteriorate
Low wages
No pension benefits
No job security
Poor air quality
Overcrowded classrooms
Nepotism and political favoritism for jobs
(Coleman et al., 2005)

5. 1800s
1886 – Massachusetts enacts a rudimentary
tenure law allowing schools to enter into
contracts of longer than one year with teachers.
Since then, NEA has considered tenure an
integral part of teacher contract agreements
(Marshall, Baucom, & Webb, 1998)

6. 1900s
New Jersey enacts the first statewide tenure law
in the country in 1909.
(Schwartz, 2008)

7. 1920s
“The Committee of One Hundred on Problems
of Tenure reported in 1924 that significant
problems involving job instability for teachers
were evident throughout the United States.
Many had turnover rates higher than 50
percent, while others were as low as 4 percent.”
(Marshall, Baucom, & Webb, 1998, p. 302)

8. 1930s
NEA conducts research on the effects of tenure
Comparison of New Jersey teachers who had
tenure law since 1910 and Connecticut teachers
who had no tenure and could be dismissed at any
time
Studies showed that NJ teachers remained as
competent as Conn teachers
(Coleman et al., 2005)

9. 1940s
1946 – NEA’s Committee on Tenure and
Academic Freedom introduced a purpose for
tenure
To develop due process procedures to support the
dismissal of inept teachers
To protect competent teachers from dismissal
(Marshall, Baucom, & Webb, 1998)

10. 1950s
Progress
21 states had adopted a form of statewide tenure
20 others had districts with tenure components in
teacher contracts
7 states had no laws on tenure or annual contracts
(Marshall, Baucom, & Webb, 1998)

11. 1960s
“It was not until the American Federation of
Teachers’ successful effort to organize the New
York City teachers, and the resulting rise of
teacher-union militancy in the 1960s, that
collective bargaining and tenure became a
prominent part of public school systems.”
(Hess & Maranto, 1999, p. 29)

12. Today
Georgia, Mississippi, and Texas are the only
states with no tenure laws
Public debate continues regarding the value of
and need for tenure
Those opposed believe that tenure simply
protects incompetent teachers
(Coleman et al., 2005)
Click here for a little
tenure humor

13. Teaching staff members must:
1. hold appropriate certificates “in full force and
effect” issued by the State Board of Examiners

14. Teaching staff members must:
1. hold appropriate certificates “in full force and
effect” issued by the State Board of Examiners
2. hold such positions delineated in the tenure
statue, or in an otherwise certificated position
for the required period, which consists of:

15. (a) Three consecutive calendar years or any shorter period
which may be fixed by the employing board for such
purpose; or
(Schwartz, 2008, p. 3)

16. (a) Three consecutive calendar years or any shorter period
which may be fixed by the employing board for such
purpose; or
(b) three consecutive academic years, together with
employment at the beginning of the next succeeding
academic years; or
(Schwartz, 2008, p. 3)

17. (a) Three consecutive calendar years or any shorter period
which may be fixed by the employing board for such
purpose; or
(b) three consecutive academic years, together with
employment at the beginning of the next succeeding
academic years; or
(c) The equivalent of more than three academic years
within a period of any four consecutive academic
years.
(Schwartz, 2008, p. 3)

18. “No teaching staff member shall
acquire tenure unless he is, or until
he shall become , a citizen of the
United States.”
(N.J.S.A. 18A:28-3)

19. Tenure is intended to protect
teaching staff members from
dismissal for
“unfounded, flimsy, or political
reasons.” Zimmerman v.
Newark Board of Ed., (1962)

20. Tenure is created by the
legislature and cannot
be changed by the
courts. It can only be
changed through legislation.
Local 195, IFPTE, AFL-CIO v. State of New Jersey, 88 N.J. 393 (1982)

21. Acquisition of tenure is limited only to
positions in which the teaching staff
member has served.
Nelson v. Old Bridge Board of Ed. (1997) rejected
the assertion that tenure was transferable to any
position covered by the same certificate.

22. Tenure may only be achieved through
the actual passage of time in a position
and not the contractual term. Thus, if a
contract is long enough for tenure to be
achieved, but the employee is released
prior to the end of the contract, tenure is
NOT achieved.
Canfield v. Board of Ed. Of the Borough of Pine Hills 51 N.J. 400 (1968)

23. Part time teachers CAN achieve
tenure Spiewak v. Board of Ed. Of Rutherford (1982)

24. Leave replacement teachers CANNOT
accrue time toward tenure if the service
is temporary because the return of the
absent staff member is expected. If the
teacher on leave notifies the district that
they are not returning, the replacement
begins to accrue time toward tenure.
Sayreville Ed. Assoc. on behalf of Rucki v. BOE Of the Borough of Sayreville (1984)

25. By May 15th of each year non-tenured staff:
must be notified in writing of continuing
employment
OR
must be notified in writing that employment will
not be offered
N.J.S.A. 18A:27-10

26. Failure to provide such notice is deemed an
offer of employment for the succeeding year!
N.J.S.A. 18A:27-11
TRANSLATION
If you forget to send notice of termination to a 3rd
year non-tenured staff member by May 15th, they
can consider it an offer of employment and will
gain tenure on the first day of the following school
year!

27. Non-tenured staff members
must be observed and
evaluated in the
performance of her or his
duties at least three times
during each school year .
These evaluations must
take place prior to April 30th
of each year.
N.J.S.A. 18A:27-3.1

28. The probationary period for Non-tenured staff
members in New Jersey is 3 years.
“School boards are provided broad latitude in
determining whether tenure should be granted.
During the probationary period, a teacher may be
non-renewed at the end of the contract year without
cause or dismissed during the year with cause.”
Essex, 2012, p. 250

29. “Donaldson v. Board of Ed of North
Wildwood 65 N.J. 236 (1974)
established the right of a teaching
staff member to have a hearing before
an employing board as to the
“reasons” given for the teachers non-
renewal.”
Schwartz, 2008

30. According to Essex, 2012,
“In Sum, non-tenured status involves the following:
• No expectation for employment beyond the
contracted year
• No right to be provided reasons for nonrenewal
• No right to due process
• No hearing***”
(p. 250)
***This is only modified for NJ by the Donaldson decision. However, even in a
Donaldson hearing, there is no expectation of reinstatement unless it is deemed
that a liberty or property right has been violated.***

31. Tenured Non-tenured
Earns property right to the Contract may be non renewed
teaching position after it expires during the
Earns continued service status probationary period or without
May only be dismissed for cause
statutory cause May or may not be provided
Full due process procedures must reasons for
be met nonrenewal, depending on state
statutes
Is entitled to a formal and fair
hearing May or may not be provided a
hearing based on state statute
Must receive prior notice of
intent and grounds for proposed Written notice of nonrenewal
dismissal by registered or must be received on or before
certified mail the statutory date required by
law
Failure to meet the statutory
date by the school board may
Chart excerpted from Essex, 2012, p. 252 result in continued employment

32. Tenured Non-tenured
Must be provided information Receives hearing if contract is
regarding time, place of cancelled before contract date
hearing, with option of public or expires or if required by state law
closed hearing Hearing not provided unless
Has right to legal counsel stipulated by state law
Has right to be provided names Does not have right to appeal
of witnesses unless stipulated by state statute
Must be provided transcript of May be provided hearing if there
the hearing if requested is evidence of a liberty right
May appeal decision to higher violation – injury to good name
authority or the courts if decision or information communicated
is not favorable that affects future employment
opportunities
Chart excerpted from Essex, 2012, p. 252

33. “Basis of tenure charges is
incapacity, unbecoming conduct or other just
cause.
Hearing required before Commissioner or
person appointed to act on his behalf.
Charges must be signed by the person making
them.
Nothing in the tenure laws may prevent
reduction in force (RIF).”
Schwartz, 2008, p. 17

34. Pro Tenure Con Tenure
Tenure protects Tenure fosters
teachers from unfair complacency.
firing. Teachers Without the
cannot be removed incentive of keeping
for the job, teachers are
personal, political, o likely to put in the
r non-work related minimum
reasons.

35. Click either picture above to hear the
views of Randi Weingarten, president of
the American Federation of Teachers.

36. Pro Tenure Con Tenure
Tenure keeps Tenure makes is
districts from firing extremely difficult
experienced to get rid of
teachers to hire underperforming or
inexperienced and incompetent
less expensive ones. teachers.

37. Click the pictures above to hear Andrea
Mitchell’s report on New York City’s efforts
to reform tenure.

38. Pro Tenure Con Tenure
Tenure protects Tenure makes
teachers from being seniority the main
fired for teaching factor in teacher
controversial or dismissal rather
unpopular topics. than teacher
quality.

39. Click the text or picture above to hear
New Jersey Governor Chris Christie’s views
on teacher tenure.

40. Tenure has a long history in the United States.
Tenure laws are intricate and there is a great
deal of case law that helps us to interpret.

41. It is important to understand the rules of tenure
whether you are a teacher or an administrator.
Tenure is a hotly debated issue across the
country; nowhere more so than in New Jersey.

42. Canfield v. Board of Ed. Of the Borough of Pine Hills, 51 N.J. 400 (1968)
Coleman, J., Schroth, S. T., Molinaro, L., & Green, M. (2005). Tenure: An Important Due Process Right
or a Hindrance to Change in the Schools? Journal of Personnel Evaluation in Education,
18(3), 219-231. doi: 10.1007/s11092-006-9020-5
Donaldson v. Board of Ed of North Wildwood, 65 N.J. 236 (1974)
Essex, N. L. (2012). School Law and the Public Schools: A Practical Guide for Educational Leaders (5th
ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Hess, F. & Maranto, R. A. (1999). Reinventing Tenure. The American School Board Journal 186(5), 28–
31.
Local 195, IFPTE, AFL-CIO v. State of New Jersey, 88 N.J. 393 (1982)
Marshall, P., Baucom, D., & Webb, A. (1998). Do you have tenure, and do you really want it? The
Clearing House, 71(5), 302-304.

43. Nelson v. Old Bridge Board of Ed., 148 N.J. 358 (1997)
N.J.S.A. 18A
Sayreville Ed. Assoc. on behalf of Rucki v. BOE Of the Borough of Sayreville 193 N.J. Super 424 (App.
Div. 1984)
Schwartz, R. M., (2008). NJPSA Education Law Primer: Tenure & Seniority. New Jersey Principals and
Supervisors Association.
Spiewak v. Board of Ed. Of Rutherford 90 N.J. 63 (1982)
Zimmerman v. Newark Board of Ed. 38 N.J. 65 (1962)