NORTHFIELD BOARD OF EDUCATION FILE CODE: 4217.41
Northfield, New Jersey
Policy
NONRENEWAL
Purpose
The Northfield Board of Education has an obligation to the citizens of this district to employ the professional staff best trained and equipped to meet the educational needs of their children. It shall meet that obligation by retaining only those non-tenured teaching staff members who meet those standards.
Responsibility
A. Upon recommendation of the Business Administrator for all maintenance personnel and the Superintendent of Schools for all other personnel, the board may terminate the employment of any non-tenured employee upon thirty (30) calendar days notice, unless a different notice period shall be provided in any agreement. Termination of employment of a non-tenured Business Administrator or Superintendent of Schools shall be at the sole discretion of the board.
B. Upon reaching the decision to terminate an individual, the board shall address a letter to that individual, setting forth the fact of such determination, which shall be sent to the residence of that individual, by certified mail, return receipt requested;
C. Within five (5) working days of receipt of such notice, the individual may request, in writing, reasons for the termination, which shall be furnished in writing in not more than five (5) working days after receipt of that request;
D. Within ten (10) calendar days of receipt of the letter stating the reasons for termination, the employee may request an informal hearing in writing;
E. The board shall schedule the informal hearing to be held no more than thirty (30) calendar days from the receipt of the request for a hearing by that individual;
F. It is the board of education’s prerogative to determine the date, starting time and length of an informal appearance, the purpose of which shall be to permit the staff member a final opportunity to convince the board of education to offer reemployment. The employee shall be notified of the date, time and place of the hearing, by letter, not less than ten (10) working days before the date of such hearing;
G. At that informal hearing, the individual may be represented by a person of that individual’s choosing and may present witnesses in his/her behalf. The witnesses need not be under oath and shall not be cross-examined;
H. The board shall schedule this hearing for such length of time as it deems reasonable in its sole discretion;
I. At the informal hearing, the only persons who shall be present shall be the board, the Superintendent of Schools, the secretary of the board, the board’s counsel, the employee in question, that employee’s representative, if any, and each person as may be appearing as a witness on behalf of that employee. However, no witness shall be present except during the time when that witness is actually presenting testimony before the board;
J. Within three (3) working days of the conclusion of such informal hearing, the board shall render its final determination, which shall be in writing and sent to the residence of the employee by certified mail, return receipt requested.
Adopted: No Date
NJSBA Review/Update: November 2009; December 2010
Readopted: October 24, 2011
Key Words
Nonrenewal, Nontenured Teachers
Legal References: N.J.S.A. 18A:27-3.1 Non-tenured teaching staff; observation and evaluation; conference; purpose
N.J.S.A. 18A:27-3.2 Teaching staff member; notice of termination; statement of reasons; request; written answer
N.J.S.A. 18A:27-4.1 Appointment, transfer, removal, or renewal of officers and employees; exceptions
N.J.S.A. 18A:27-10 et seq. Nontenure teaching staff member; offer of employment for next succeeding year or notice of termination before May 31
N.J.A.C. 6A:32-4.1 et seq. Employment of teaching staff
See particularly:
N.J.A.C. 6A:32-4.1(e),-4.1(f)
N.J.A.C. 6A:32-4.6 Procedure for appearance of nontenured teaching staff members before a district board of education upon receipt of notice of nonreemployment
Donaldson v. North Wildwood Bd. of Ed., 65 N.J. 236 (1974)
Hicks v. Pemberton Township Board of Education, 1975 S.L.D. 332
Velasquez v. Brielle Board of Education, 97 N.J.A.R. 2d (EDU) (August 6), aff’g on different grounds Comm’r 96 N.J.A.R. 2d (EDU) (April 4)
Possible
Cross References: *4115 Supervision
*4116 Evaluation
*4117.4 Reduction in force/abolishing a position
*Indicates policy is included in the Critical Policy Reference Manual.
NORTHFIELD BOARD OF EDUCATION FILE CODE: 4217.41
Northfield, New Jersey
Policy
NONRENEWAL
Purpose
The Northfield Board of Education has an obligation to the citizens of this district to employ the professional staff best trained and equipped to meet the educational needs of their children. It shall meet that obligation by retaining only those non-tenured teaching staff members who meet those standards.
Responsibility
A. Upon recommendation of the Business Administrator for all maintenance personnel and the Superintendent of Schools for all other personnel, the board may terminate the employment of any non-tenured employee upon thirty (30) calendar days notice, unless a different notice period shall be provided in any agreement. Termination of employment of a non-tenured Business Administrator or Superintendent of Schools shall be at the sole discretion of the board.
B. Upon reaching the decision to terminate an individual, the board shall address a letter to that individual, setting forth the fact of such determination, which shall be sent to the residence of that individual, by certified mail, return receipt requested;
C. Within five (5) working days of receipt of such notice, the individual may request, in writing, reasons for the termination, which shall be furnished in writing in not more than five (5) working days after receipt of that request;
D. Within ten (10) calendar days of receipt of the letter stating the reasons for termination, the employee may request an informal hearing in writing;
E. The board shall schedule the informal hearing to be held no more than thirty (30) calendar days from the receipt of the request for a hearing by that individual;
F. It is the board of education’s prerogative to determine the date, starting time and length of an informal appearance, the purpose of which shall be to permit the staff member a final opportunity to convince the board of education to offer reemployment. The employee shall be notified of the date, time and place of the hearing, by letter, not less than ten (10) working days before the date of such hearing;
G. At that informal hearing, the individual may be represented by a person of that individual’s choosing and may present witnesses in his/her behalf. The witnesses need not be under oath and shall not be cross-examined;
H. The board shall schedule this hearing for such length of time as it deems reasonable in its sole discretion;
I. At the informal hearing, the only persons who shall be present shall be the board, the Superintendent of Schools, the secretary of the board, the board’s counsel, the employee in question, that employee’s representative, if any, and each person as may be appearing as a witness on behalf of that employee. However, no witness shall be present except during the time when that witness is actually presenting testimony before the board;
J. Within three (3) working days of the conclusion of such informal hearing, the board shall render its final determination, which shall be in writing and sent to the residence of the employee by certified mail, return receipt requested.
Adopted: No Date
NJSBA Review/Update: November 2009; December 2010
Readopted: October 24, 2011
Key Words
Nonrenewal, Nontenured Teachers
Legal References: N.J.S.A. 18A:27-3.1 Non-tenured teaching staff; observation and evaluation; conference; purpose
N.J.S.A. 18A:27-3.2 Teaching staff member; notice of termination; statement of reasons; request; written answer
N.J.S.A. 18A:27-4.1 Appointment, transfer, removal, or renewal of officers and employees; exceptions
N.J.S.A. 18A:27-10 et seq. Nontenure teaching staff member; offer of employment for next succeeding year or notice of termination before May 31
N.J.A.C. 6A:32-4.1 et seq. Employment of teaching staff
See particularly:
N.J.A.C. 6A:32-4.1(e),-4.1(f)
N.J.A.C. 6A:32-4.6 Procedure for appearance of nontenured teaching staff members before a district board of education upon receipt of notice of nonreemployment
Donaldson v. North Wildwood Bd. of Ed., 65 N.J. 236 (1974)
Hicks v. Pemberton Township Board of Education, 1975 S.L.D. 332
Velasquez v. Brielle Board of Education, 97 N.J.A.R. 2d (EDU) (August 6), aff’g on different grounds Comm’r 96 N.J.A.R. 2d (EDU) (April 4)
Possible
Cross References: *4115 Supervision
*4116 Evaluation
*4117.4 Reduction in force/abolishing a position
*Indicates policy is included in the Critical Policy Reference Manual.