Arbitrators make the final decision in hearings on tenure charges. Appeals are limited. However, the scope of their powers to fashion appropriate discipline was open to question. As I wrote last year, the Appellate Division of New Jersey’s Superior Court ruled in the case of Sanjuan v. School District of…
What is tenure? Under New Jersey employment law, tenure is an added layer of job protection for certain public school employees. What protections does tenure provide for eligible New Jersey education employees? New Jersey employment law provides that no education employee with tenure can be dismissed or have their…
In many areas of New Jersey employment law, the scope of an arbitrator’s powers is a significant question. This is particularly true in the adjudication of tenure charges against New Jersey teachers and principals. The Appellate Division of New Jersey’s Superior Court squarely addressed this issue in the recently published…
Under New Jersey employment law, specifically Section 6-14 of Title 18A of New Jersey Statutes, tenured teachers may be suspended on disciplinary charges with or without pay while their tenure charges are pending a determination. However, the statute provides that if an arbitrator has not issued a decision on the…
The Teacher Effectiveness and Accountability for the Children of New Jersey (TEACNJ) Act was recently enacted by the New Jersey Legislature and signed by New Jersey Governor Chris Christie. The TEACHNJ Act creates drastic changes to the process for fighting tenure charges by New Jersey teachers and other public school…