Tenure; Teachers and Other Certified Professional Educators
LAW AND PUBLIC SAFETY
Tenure; Teachers and Other Certified Professional Educators
New Jersey Register Publication Date: May 3, 2004
Proposed New Rules: N.J.A.C. 13:102
Authorized By: Executive Board of the Juvenile Justice Commission, by the Honorable Peter C. Harvey, Attorney General and Chair, Markus Green, Attorney General's Designee.
Authority: N.J.S.A. 52:17B-170e(14) and (22); 52:17B-171a(5); 52:17B-176a(6), (7) and (12); 52:17B-177b(1); 52:17B-178; 18A:1-1; and 18A:60-1 et seq.
Calendar Reference: See Summary below for explanation of exception to calendar requirements.
Proposal Number: PRN 2004-172.
Submit written comments by July 2, 2004 to:
The agency proposal follows:
In accordance with N.J.S.A. 18A:60-1 et seq., the Juvenile Justice Commission (Commission) is proposing new rules at N.J.A.C. 13:102,Tenure; Teachers and Other Certified Professional Educators. The proposed rules would implement the statutory provisions that confer tenure protection on Commission employees who are certified as teachers and/or other certified professional educators by the New Jersey Department of Education.
The Commission's Office of Education is responsible for supervising the educational programs in all juvenile facilities operated by the Commission and provides primary, secondary and vocational programs to meet the educational needs of juveniles assigned to the Commission's facilities.
The rules proposed by the Commission at N.J.A.C. 13:102 describe the procedures by which teachers and other certified professional educators attain tenure rights. The rules would also provide a legal basis for decisions regarding the granting or denial of tenure rights to these employees. Specifically, as the statute provides, teachers and other certified professional educators who complete three consecutive years of satisfactory service with the appropriate educational certification would acquire tenure and would then be entitled to tenure rights similar to those otherwise granted by the teacher tenure statutes.
Prior to enactment of P. L. 1986, c. 158, teachers and other certified professional educators in the Department of Human Services and the Department of Corrections in the unclassified service were subject to removal pursuant to that status. In 1990, pursuant to the above-noted statute, the Department of Human Services promulgated rules for its teachers and other certified professional educators (see N.J.A.C. 10:11). In the 14 years that those rules have been in existence, the majority of Department of Human Services' teachers and other certified professional educators have acquired tenure. Tenure status has allowed teachers and other certified professional educators in the Department of Human Services to assert seniority rights over non-tenured individuals in situations where facilities have had to undergo a reduction in force. Tenure status also has ensured that teachers and other certified professional educators are granted the right to continuation of employment subject to dismissal for cause.
The Juvenile Justice Commission is proposing the new rules at N.J.A.C. 13:102 in order to implement the tenure protection afforded by statute to the teachers and other certified professional educators employed by the Commission. While the rules proposed by the Commission are based on the Department of Human Services' rules at N.J.A.C. 10:11, the proposed rules have been modified in consultation with the Department of Education to meet the needs of the Commission. A description of the proposed new rules follows.
N.J.A.C. 13:102-1.1 describes the purpose of the rules. N.J.A.C. 13:102-1.2 describes the Juvenile Justice Commission's staff affected by the rules. N.J.A.C. 13:102-1.3 contains the definitions used in the chapter. N.J.A.C. 13:102-2.1 discusses the scope of tenure rights. N.J.A.C. 13:102-2.2 sets forth the eligibility criteria for the acquisition of tenure. N.J.A.C. 13:102-2.3 discusses the use and requirements of the performance assessment. N.J.A.C. 13:102-2.4 contains the procedures used in cases where disciplinary action is recommended or implemented as a result of charges made against a tenured staff person. N.J.A.C. 13:102-2.5 allows the Executive Director of the Juvenile Justice Commission to reduce the number of teachers and other certified professional educators under certain circumstances.
The Commission is not proposing a rule relevant to re-employment or non-reemployment for non-tenured teachers and other certified professional educators as contained in N.J.A.C. 10:11-1.6 because teachers and other certified professional educators employed by the Commission have no annual contractual agreement with the agency. When a teacher or other certified professional educator is employed by the Commission, he or she is hired into a title and remains in that title until such time as he or she is promoted, resigns or is terminated from the Commission.
The proposal is not subject to the calendar requirements of N.J.S.A. 52:14B-3(4) and N.J.A.C. 1:30-3.3(a) because the agency is providing a 60 day comment period.
The proposed new rules will benefit all employees of the Juvenile Justice Commission who are certified by the New Jersey Department of Education as teachers or other professional educators. The proposed rules will provide employees and supervisory personnel with guidelines to follow regarding implementation of tenure rights granted by the Legislature through N.J.S.A. 18A:60-1 et seq. These employees are granted the right to continuation of employment, subject to dismissal for cause.
These rules establish procedures regarding tenure rights of educational staff employed by the Commission as teachers and other certified professional educators, and enable the Juvenile Justice Commission to provide consistent professional educational services to the juveniles within its facilities, by attracting and maintaining a high quality professional staff.
The Juvenile Justice Commission does not anticipate any economic impact as a result of the proposed new rules. Any increased administrative costs which may occur, incidental to implementation of these rules, will be absorbed in the Commission's general budget. There will be no economic impact on the current employees of the Juvenile Justice Commission.
Federal Standards Statement
A Federal standards analysis is not required because the proposed new rules are not being adopted under the authority of, or in order to implement, comply with, or participate in any program established under Federal law or under a State statute that incorporates or refers to Federal law, standards or requirements.
The Juvenile Justice Commission does not anticipate that any jobs will be generated or lost if the proposed new rules are adopted.
Agriculture Industry Impact
The proposed new rules will have no impact on the agriculture industry in New Jersey.
Regulatory Flexibility Statement
The proposed new rules will impose no reporting, recordkeeping, or other compliance requirements upon small businesses as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The proposed new rules affect teachers and other certified professional educators who are employed by the Juvenile Justice Commission and certified by the Department of Education. Therefore, a regulatory flexibility analysis is not required.
Smart Growth Impact
The proposed new rules will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan.
Full text of the proposed new rules follows:
SUBCHAPTER 1. GENERAL PROVISIONS
The purpose of this chapter is to implement the provisions of N.J.S.A. 18A:60-1 et seq., that confer tenure protection on teachers and other certified professional educators of the Juvenile Justice Commission.
(a) This chapter applies to all individuals employed by the Juvenile Justice
The following words and terms, when used in this chapter, shall have the following
meanings unless the context clearly indicates otherwise.
SUBCHAPTER 2. TENURE
13:102-2.1 Scope of tenure
Once tenure is acquired by an employee, such standing shall apply throughout the Commission. Tenure rights extend only to assignments within the scope of the certificate under which the employee earned tenure. If, however, the employee experiences a break in service, he or she will forfeit tenure rights.
(a) Those individuals who meet the requirements set forth at N.J.A.C. 13:102-1.2
shall be eligible for tenure after the expiration of continuous employment for three consecutive years in
tenure eligible assignments within the scope of a specific standard certificate.
13:102-2.3 Performance assessment
(a) Performance assessments for all teachers and other certified professional
educators shall be conducted by the Director, Office of Education, or his or her designee, who has acquired
a certificate as School Administrator, Principal or Supervisor.
13:102-2.4 Disciplinary action--tenured staff
(a) In a case where disciplinary action is recommended or implemented, which does
not involve dismissal or reduction in salary, as a result of charges made against a tenured employee of the
Commission, the Commission's appointing authority and the Director, Office of Education, or his or her
designee, shall act in accordance with the Department of Law and Public Safety's Standard Operating
Procedure 4-96, a copy of which may be obtained from the Commission's Office of Labor Relations.
13:102-2.5 Reduction in force
(a) Nothing contained in N.J.S.A. 18A shall be held to limit the right of the
Executive Director in the case of any educational program conducted under his or her jurisdiction,
supervision or control, to reduce the number of teachers and other certified professional educators in any
such educational program or programs when the reduction is due to natural diminution of the number of
students participating in the educational program or programs.
Peter C. Harvey
By: Markus Green