New Jersey tenure appeals

Published on: January 16, 2024

Earlier Tenure Arbitration Bars Defense in Subsequent Teacher Certificate Revocation Hearing, New Jersey Appeals Court Rules

New Jersey employment law in the public sector incorporates the doctrine of collateral estoppel, which in some cases bars relitigating issues already decided in another forum. This applies to administrative appeals of employment action. A New Jersey appellate court 7-300x225 recently examined this doctrine in the context of the revocation of a teacher’s teaching certificate after an arbitration on tenure charges in the case of In the Matter of the Revocation of the Certificates of Lesley Etheridege by the State Board of Examiners. The court extended the reach of the New Jersey Supreme Court’s Winters case.

Background

Lesley Etheridege was employed as a teacher by the Passaic County Vocational School District. She held a New Jersey Department of Education “Teacher of Electronic Technology Certificate of Eligibility” and a “Teacher of Electronic Technology Standard Certificate.” In 2015, the District filed 23 tenure charges against her with the New Jersey Commissioner of Education, one for inefficiency under the TEACHNJ Act, and 22 for various instances constituting conduct unbecoming a teacher (one of which the District later dismissed). The Commissioner found that, if true, the allegations would be grounds for termination or reduction in salary and therefore transferred the charges to an arbitrator in accordance with the TEACHNJ Act. The arbitrator held three days of hearings and sustained the charges, finding that Etheridge had committed conduct unbecoming by “falsifying grades and engaging in inappropriate grading practices; failing to report to teaching assignments; leaving students unattended; leaving the school campus without permission or notification; failing to complete lesson plans; and insubordination by failing to provide lesson plans as directed by her supervisor.” The arbitrator rejecter Etheridge’s argument that the charges were brought because of political affiliation, nepotism, union activity and discrimination. The arbitrator found that termination was the appropriate remedy for her continued pattern of inappropriate behavior.

Published on: July 23, 2023

New Jersey Supreme Court Issues Important Decision on Waiver of a Teacher’s Tenure Rights

by Maurice W. McLaughlin

New Jersey employment law has few more contentious areas than tenure rights for public school teachers. I previously wrote about the Appellate Division decision in Parsells v. Board of Education of the Borough of Somerville. The case was subsequently appealed, and the New

Jersey Supreme Court upheld the Appellate Division’s decision while modifying it and establishing an important rule of law for when a teacher can be found to have waived her New Jersey tenure rights.

Background

Published on: February 6, 2023

New Jersey Tenure FAQs

by Maurice W. McLaughlin

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?

Published on: October 21, 2021

New Jersey Employment Law Decision Rules on Limitation Period to File Tenure Appeals

by Maurice W. McLaughlin

In an important New Jersey employment law decision, the Appellate Division of the State Superior Court examined exceptions to the 90 day limit for challenging a board of education’s decision regarding a teacher’s tenure status. In that case, Frayne v. Board of Education of the Borough of Highland Park, the Appellate Division demonstrated that the limitation period is a “hard” deadline, and missing it will likely columns-round-300x201 mean the teacher’s appeal will be rejected.

Background

Deana Frayne was a non-tenure track maternity leave replacement teacher for the Highland Park Board of Education from the 2008-2009 though 2011-2012 school years; thereafter she was employed as a full-time, tenure track teacher. She signed her fourth contract as a tenure track first grade teacher for the 2015-2016 school year on May 15, 2015. However, on June 25, 2015, she was served with a letter advising that the Board believed that she did not have tenure and that her employment would be terminated effective August 23, 2015 based on performance, behavior and attendance. The Board offered her an agreement ending her tenure track employment, giving her sixty days health benefits and salary in exchange for a release. She did not sign. She then received a Rice Notice, and on August 23, 2015, the Board voted unanimously to terminate Frayne’s employment.