New Jersey § 18a:28-5
Full text of New Jersey New Jersey Statutes § 18a:28-5, with citation guidance and answers to common questions.
§ 18a:28-5.
a. The services of all teaching staff members employed prior to the effective date of P.L.2012, c. 26 ( C.18A:6-117 et al.) in the positions of teacher, principal, other than administrative principal, assistant
principal, vice-principal, assistant superintendent, and all school nurses including
school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators,
and any other nurse performing school nursing services, school athletic trainer and
such other employees as are in positions which require them to hold appropriate certificates
issued by the board of examiners, serving in any school district or under any board
of education, excepting those who are not the holders of proper certificates in full
force and effect and school business administrators shared by two or more school districts,
shall be under tenure during good behavior and efficiency and they shall not be dismissed
or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming
such a teaching staff member or other just cause and then only in the manner prescribed
by subarticle B of article 2 of chapter 6 of this Title, after employment in such
district or by such board for: (1) Three consecutive calendar years, or any shorter period which may be fixed by the
employing board for such purpose; or (2) Three consecutive academic years, together with employment at the beginning of the
next succeeding academic year; or (3) The equivalent of more than three academic years within a period of any four consecutive
academic years. b. The services of all teaching staff members employed on or after the effective date
of P.L.2012, c. 26 ( C.18A:6-117 et al.) in the position of teacher, principal, other than administrative principal,
assistant principal, vice-principal, assistant superintendent, and all school nurses,
including school nurse supervisors, head school nurses, chief school nurses, school
nurse coordinators, and any other nurse performing school nursing services, school
athletic trainer and such other employees as are in positions which require them to
hold appropriate certificates issued by the board of examiners, serving in any school
district or under any board of education, excepting those who are not the holders
of proper certificates in full force and effect, and school business administrators
shared by two or more school districts, shall be under tenure during good behavior
and efficiency and they shall not be dismissed or reduced in compensation except for
inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other
just cause and then only in the manner prescribed by subarticle B of article 2 of
chapter 6 of this Title, 1 after employment in such district or by such board for: (1) Four consecutive calendar years; or (2) Four consecutive academic years, together with employment at the beginning of
the next succeeding academic year; or (3) The equivalent of more than four academic years within a period of any five consecutive
academic years. In order to achieve tenure pursuant to this subsection, a teacher shall also complete
a district mentorship program during the initial year of employment and receive a
rating of effective or highly effective in two annual summative evaluations within
the first three years of employment after the initial year of employment in which
the teacher completes the district mentorship program. In order to achieve tenure pursuant to this subsection, a principal, assistant principal,
and vice-principal shall also receive a rating of effective or highly effective in
two annual summative evaluations within the first three years of employment with the
first effective rating being received on or after the completion of the second year
of employment . For purposes of this subsection, “ effective ” or “ highly effective ” means the employee has received an annual summative evaluation rating of “effective”
or “highly effective” based on the performance standards for his position established
through the evaluation rubric adopted by the board of education and approved by the
commissioner. c. For purposes of this chapter, tenure in any of the administrative or supervisory
positions enumerated herein shall accrue only by employment in that administrative
or supervisory position. Tenure so accrued shall not extend to any other administrative or supervisory position
and nothing herein shall limit or restrict tenure rights which were or may be acquired
pursuant to N.J.S.18A:28-6 in a position in which the individual actually served. 1
N.J.S.A. § 18A:6-9.
Frequently Asked Questions About New Jersey § 18a:28-5
What does New Jersey Statutes § 18a:28-5 cover?
Section 18a:28-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 18a:28-5?
A common citation format is "New Jersey Statutes § 18a:28-5" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 18a:28-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.