NJ Tenure Reform Bill

On August 6, 2012, New Jersey Governor Chris Christie signed the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act into affect after being passed by Senate and assembly three months prior. TEACHNJ, S-1455, was a bipartisan decision and created with input from all relevant stakeholders – legislation, principals and supervisors, school boards, the New Jersey Department of Education, and the New Jersey Education Association (NJEA). This marked the first change to NJ education tenure laws in over 100 years. It is the combination of proposals by Senator Teresa Ruiz (D-Newark), assemblyman Patrick J. Diegnan, other stakeholders, and the provisions suggested by the NJEA. The aim of TEACHNJ is to make sure that each teacher is effective. This marks the first time that tenure is measured by effectiveness rather than the time spent in a position or within a district. The goal is to have every student in New Jersey graduate high school ready for college or a career, regardless of where they grew up and which school they attended. (Office of the Governor, 2012)

            The new tenure law was put into effect for all new-hires starting in the 2012-2013 school year. Teachers hired prior to that school year will operate under the previous tenure laws. TEACHNJ extended the time period to achieve tenure from three years to four. In order to receive tenure, teachers are required to complete a mentorship during their first year of teaching and be rated “effective” or “highly effective” in two of the three summative yearly evaluations. Teachers who have already acquired tenure are not required to earn it again, unless they move to another school district. Educational services staff members do not need to complete the first-year mentorship and are not held subject to the evaluation rating categories of TEACHNJ. However, many districts are creating new evaluations for these positions. Secretaries and clerks still receive tenure after three years. Their tenure cases will no be settled by arbitrators, not in the courts as they were previously. If a tenured teacher moves to a new position within the district that requires a different type of certificate, tenure can be obtained after two years in that position. An example of which is a teacher who becomes a school counselor would receive tenure after two years in his/her new position. Principals are required to receive “effective” or “highly effective” ratings in two annual evaluations in first three years to receive tenure. In these cases, the person still has tenure in the previous position. (The New Tenure Law: How It Will Affect you, 2012)

In the 2012-2013 school year, 30 school districts were part of the pilot teacher evaluation system (Office of the Governor, 2012). The 2013-2014 school year was the beginning of the statewide implementation (Office of the Governor, 2012). The new evaluation system comprises of four ratings: highly effective, effective, partially effective, and ineffective. The law specifies that the evaluations should be compiled from several objective measures of student growth. These evaluations are to completed by in-district administrators and supervisors (The Evolution of Tenure Reform in New Jersey, 2012). Evaluations will now be linked to professional development. The idea is to tailor professional development to the needs of teachers to help them become more effective. TEACHNJ also provides support for teachers to improve their effectiveness. First-year parents are required to be a part of a mentorship program. The goal of the mentorship program is to work with administrators and colleagues to help them succeed with the proper skills and supports. If ineffective evaluations are given to tenured teachers, some circumstances allow for an additional year to receive effective evaluation if modest improvements were made. (The New Tenure Law: How It Will Affect you, 2012)

Tenure charges must be brought about if a rating of “ineffective” or “partially effective” is followed by a rating of “ineffective.” However, if the teacher receives an evaluation of “partially effective” after a rating of “ineffective” or “partially effective,” the teacher may be allowed to have a third year to earn a rating of “effective” or “highly effective.” The tenure law works to decrease the amount of time and money spent to remove a teacher that is evaluated repeatedly as ineffective. (The New Tenure Law: How It Will Affect you, 2012) Under the old tenure law, a removal of a tenured teacher could take several years and cost more than $100,000.  The new teacher dismissal proceedings were proposed by the NJEA and modeled after the successful Massachusetts law regarding teacher dismissal appeals. This includes the change from appeals occurring with arbitrators as opposed to the courts. Under this law, there is a 105 day limit from when the tenure charges are received by the commission and a cap of $7,500 which would be paid by the state. All teachers are still entitled to due process. (Office of the Governor, 2012)

Districts will have School Improvement Panels to help the implementation of TEACHNJ. Their role is to oversee the mentoring program, conduct certain evaluations, and identify professional development opportunities. The panel consists of a principal (or a person that he/she designates), the assistant or vice principal, and a teacher. (The New Tenure Law: How It Will Affect you, 2012).

Assemblyman Patrick J. Diegnan Jr. summarizes the law by saying it “is meaningful tenure reform that does what’s best for our children while balancing the protection of due process for our principals and teachers” (Office of the Governor, 2012). NJEA president Barbara Keshishian states that they new tenure reform law is “a win-win for our students, their teachers, and the public” (A ‘win-win’ for students, teachers, and the public, 2012). Just over a year after being signed, Senator Teresa Ruiz, the law’s prime sponsor, remarks that it is still an “unfinished job” (Mooney, 2013). She says that New Jersey should be proud of what the law has accomplished thus far and that it is one step in process in ensuring the best education for New Jersey’s students (Mooney, 2013). Christie acknowledges that it is a continuous process as well (Mooney, 2013).

References

A ‘win-win’ for students, teachers, and the public. (2013, August 06). NJEA. Retrieved from https://www.njea.org/news/2012-08-06/a-win-win-for-students-teachers-and-the-public

Mooney, J. (2013, August 12). Tenure law still a work in progress. Philly.com. Retrieved from http://www.philly.com/philly/education/20130812_Tenure_law_still_work_in_progress.html

Talking points on the new tenure law. (2012, August). Retrieved from http://www.njea.org/njea-media/pdf/TenureLawTalkingPoints2012.pdf?1380895938844 

The evolution of tenure reform in new jersey. (2012, June 20). NJEA. Retrieved from https://www.njea.org/news/2012-06-20/the-evolution-of-tenure-reform-in-new-jersey

The new tenure law: how it will affect you. (2012, September 28). Retrieved from http://www.njea.org/njea-media/pdf/TenureLawQ-A_2012.pdf?1380895938844 

Office of the Governor. (2012, August 06). Governor chris christie signs revolutionary bipartisan tenure reform legislation into law. Office of the Governor Newsroom. Retrieved from http://www.state.nj.us/governor/news/news/552012/approved/20120806c.html