N.J. Admin. Code § 6A:32-5.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:32-5.1 - Standards for determining seniority

(a) For purposes of this subchapter, "employment" shall be inclusive of "office" and "position."

(b) Seniority, pursuant to N.J.S.A. 18A:28-13 et seq., shall be determined according to the number or fraction of academic or calendar years of employment in the school district in the specific categories at (l) below. Credit toward seniority shall include periods of unpaid absences not exceeding 30 calendar days aggregate in one academic or calendar year, leaves of absence at full or partial pay, and unpaid absences granted for study or research. Any leave of absence or suspension resulting from confirmed discipline and all other unpaid absences or leaves of absence shall not receive seniority credit.

(c) In computing length of service for seniority purposes, full recognition shall be given to previous years of service within the school district and to time of service in or with the military or naval forces of the United States or this State, pursuant to N.J.S.A. 18A:28-12.

(d) Employment in the school district prior to the adoption of the standards shall be counted in determining seniority.

(e) An employee who holds an emergency or provisional certificate shall not be entitled to seniority rights, but the years of employment under the emergency or provisional certificate shall count toward seniority when the employee becomes the holder of a standard certificate, as defined at N.J.A.C. 6A:9, Professional Standards.

(f) Whenever a person holds employment simultaneously under two or more endorsements, or in two or more categories at (l) below, seniority shall be counted in all endorsements and categories in which the person is, or has been, employed.

(g) If the employment title is not properly descriptive of the duties performed, the person who holds employment shall be placed in a category in accordance with the duties performed and not by title. If the employment title is not found at (l) below or at N.J.A.C. 6A:9B, State Board of Examiners and Certification, the person who holds employment shall be classified as nearly to the duties performed as possible, pursuant to N.J.A.C. 6A:9B.

(h) Whenever a person moves from, or reverts to, a category at (l) below, all periods of employment shall be credited toward the person's seniority in any or all categories in which the person previously held employment.

(i) Whenever an employment category is abolished, a tenured employee shall be given employment in the same category to which the employee is entitled by seniority. If the tenured employee has insufficient seniority for employment in the same category, then the employee shall revert to the category in which employment was held prior to employment in the same category. The person shall be placed and remain on the preferred eligible list until a vacancy occurs in the category to which the person is entitled seniority.

(j) If a person has insufficient seniority in the category to which they reverted, the person shall revert to the next category in which employment was held immediately prior to employment in the category to which they reverted. The person shall be placed, and remain on, the preferred eligible list of the next preceding category, and so forth, until the person has been employed or placed on all the preferred eligible lists of the categories in which the person formerly held employment in the school district.

(k) In the event of a person's employment in some category to which they reverted, the person shall remain on all the preferred eligible lists of the categories from which they reverted. The person shall be entitled to employment in any one or more such categories whenever a vacancy occurs to which seniority entitles them.

(l) The following shall be deemed to be specific categories, not necessarily numbered in order of precedence:

1. Superintendent of schools;

2. Assistant superintendent.

i. Each assistant superintendent position shall be a separate category; and

ii. District boards of education shall adopt, for each assistant superintendent position, a job description that shall set forth qualifications and endorsements for the position;

3. Director.

i. Each director position shall be a separate category; and

ii. District boards of education shall adopt, for each director position, a job description that sets forth the qualifications and endorsements for the position;

4. High school principal;

5. Adult high school principal;

6. Alternative school principal;

7. Vocational school principal;

8. Junior high or middle school principal;

9. Elementary school principal;

10. Supervisor.

i. Each supervisory title shall be a separate category; and

ii. District boards of education shall adopt, for each supervisory position, a job description that sets forth the qualifications and specific endorsements required for the position;

11. High school vice principal or assistant principal;

12. Adult high school vice principal or assistant principal;

13. Alternative school vice principal or assistant principal;

14. Junior high or middle school vice principal or assistant principal;

15. Elementary school vice principal or assistant principal;

16. Vocational school vice principal or assistant principal;

17. Secondary:

i. Any person holding an instructional certificate with endorsements shall have seniority within the secondary category only in the endorsement(s) under which the person has actually served;

ii. Whenever a person shall be reassigned from one subject area to another, all periods of employment in the person's new assignment shall be credited toward seniority in all endorsements in which employment was previously held;

iii. Any person employed at the secondary level in a position requiring an educational services certificate or an instructional endorsement shall acquire seniority only in the secondary category and only for the period of actual service under the educational services certificate or instructional endorsement; and

iv. Persons employed and providing services on a districtwide basis under an instructional endorsement or an educational services certificate shall acquire seniority on a districtwide basis;

18. Elementary:

i. To reorganize instruction at grades seven and eight pursuant to this subchapter, district boards of education shall adopt a formal resolution setting forth the reasons for the reorganization;

ii. Any person employed at the elementary level in a position requiring an educational services certificate or an instructional endorsement shall acquire seniority only in the elementary category and only for the period of actual service under the educational services certificate or instructional endorsement;

iii. Any person employed and providing services on a districtwide basis under an instructional endorsement or an educational services certificate shall acquire seniority on a districtwide basis;

iv. Any person serving under an elementary endorsement in departmentally organized grades seven and eight prior to September 1, 1983, shall continue to accrue seniority in the elementary category for all such service prior, and subsequent to, September 1, 1983. In addition, the person shall accrue seniority in the secondary category, but limited to the school district's departmentally organized grades seven and eight and the specific subject area taught in the departmentally organized grades subsequent to September 1, 1983; and

19. Additional categories of specific educational service endorsements issued by the State Board of Examiners and listed in N.J.A.C. 6A:9B.

(m) If a restructure of grade levels results in the elimination of all junior high or middle schools in the school district and the creation of schools with a grade-level organization that includes grades seven and eight, the seniority rights of the junior high or middle school principals, vice principals, and assistant principals displaced by the restructuring shall be transferable to the newly reorganized schools in the category as defined at (l)9 above.

N.J. Admin. Code § 6A:32-5.1

Amended by 47 N.J.R. 464(a), effective 2/17/2015

Amended, 54 N.J.R. 1276(a), effective 7/5/2022