New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 32 - SCHOOL DISTRICT OPERATIONS › Subchapter 5 - SENIORITY › Section 6A:32-5.1 - Standards for determining seniority

Current through Register Vol. 56, No. 14, July 15, 2024
(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.