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Tenure

According to Spiewak v. Board of Education, 90 N.J. 63, 72 (1982), “[t]he Tenure Act, N.J.S.A. 18A:28-1 to -18, “specifically defines the conditions under which teachers are entitled to the security of tenure.”  Also, the Tenure Act, N.J.S.A. 18A:28-1 to -18, “should be liberally construed to achieve its beneficent ends.”  Ellicott v. Bd. of Educ., 251 N.J. Super., 342, 347 (App. Div., 1991).   Pursuant to N.J.S.A. § 18A:28-5:

The services of all teaching staff members employed 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:

(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 year; or

(c) The equivalent of more than three academic years within a period of any four consecutive academic years.

. . . . .

[Id.]

 

In addition, in accordance with N.J.S.A. § 18A:28-6:

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:

 

(a) 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

 

(b) 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

 

(c) 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.

 

[Id.]