RIF ENABLING STATUTE. NJSA 18A:28-9. Boards of education may reduce
teaching staff members for reasons of economy, reduction in pupils, change in ...
Medina Law Group
SENIORITY, RIFS & NON-RENEWALS Victor J. Medina, Esq.
RIF ENABLING STATUTE NJSA 18A:28-9 Boards of education may reduce teaching staff members for reasons of economy, reduction in pupils, change in administrative or supervisory organization or other good cause. 2
WHAT NOTICE IS REQUIRED? •
No statute on point
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Time for notice is a “negotiable” item for collective bargaining or look to board policy.
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If the agreement is silent, and there is no policy, the required notice might be the one applicable to non-tenured staff. 3
SENIORITY CATEGORIES NJAC 6A:32-5.1 •
Superintendent
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High School Vice Principal
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Assistant Superintendent
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Adult High School Vice Principal
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Director
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Alternative School Vice Principal
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High School Principal
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Junior High School Vice Principal
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Adult High School Principal
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Elementary Vice Principal
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Alternative School Principal
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Vocational School Vice Principal
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Vocational School Principal
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Secondary Certificated Personnel
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Junior High School Principal
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Elementary Certificated Personnel
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Elementary principal
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Specific Services Endorsements
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Supervisor
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ASST. SUPERINTENDENTS, DIRECTORS & SUPERVISORS •
Each title is a separate category for seniority purposes. (e.g. Director of Human Resources, Supervisor of Special Services)
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RIF’ed employee entitled to a newly created position, if similar in job duties. 5
ADDITIONAL ISSUES • Leaves of absence • Military Service • Emergency/Provisional Certificate • Simultaneous Service • Title vs. Duties • Tacking/Tolling
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Novice teachers
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Part-time employment
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New citizens
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Departmentalization
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Newly created positions
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Simultaneous service
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Unrecognized positions
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District-wide seniority
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Military service
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“Tack-on” seniority
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Leaves/FMLA
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Multiple endorsement
DANGER, WILL ROBINSON!
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Medina Law Group
CASE EXAMPLES
EXAMPLE #1 - GRADE SCHOOL John Donahue, who works for Springerfield School District, has served in the following positions:
• • • •
High School Teacher 7 years Supervisor of Math 2 years Vice Principal, Elementary School 5 years High School Principal 1 year
Springerfield Board of Education has non-renewed him as a principal. 1) Is the non-renewal proper? 2) In what positions/certificates does Mr. Donahue have tenure? 3) Under what categories has Mr. Donahue accrued seniority rights? 9
EXAMPLE #2 - COLLEGE Michele Roemer has been working in Northville School District in the following jobs:
• Paraprofessional 5 years • School Psychology Secretary 2 years • High School Principal Secretary 1 year Answer the following questions: 1) Does Michele have tenure? 2) How much seniority does she have in her position? 10
EXAMPLE #3 -
GRADUATE SCHOOL
Lisa DeKovitch, who works for Portbridge, has the following job history: 2 years • Filing Assistant 2 years • Secretary 5 years • Billings Supervisor • High School Home Economics Teacher 2 years 3 years • Third Grade Teacher 1 year • Vice Principal Junior High School 2 years • High School Vice Principal 3 years • High School Principal
1) In what positions/certificates does she have tenure? 2) Under what categories has she accrued seniority rights?
