Bill Text: NJ S2580 | 2022-2023 | Regular Session | Introduced
Bill Title: Limits terms of appointment of school superintendents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-12 - Introduced in the Senate, Referred to Senate Education Committee [S2580 Detail]
Download: New_Jersey-2022-S2580-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Limits terms of appointment of school superintendents.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the appointment of school superintendents and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:17-15 is amended to read as follows:
18A:17-15. The board of education of a Type I district and of any Type II district, now having or hereafter authorized to have a superintendent of schools, may, by contract appoint, for a term of not [less] more than three [nor more than five] years and expiring July 1, a superintendent of schools by the recorded roll call majority vote of the full membership of the board.
A superintendent of schools may be appointed for a like term also in any other Type II district or in any other two or more Type II districts as follows:
Application for the establishment of the office of superintendent of schools for a district or for two or more districts which determine to share a superintendent shall be made to the county superintendent of the county or the county superintendent of each of the counties in which such district or districts are situate and if said application is agreed to in writing by such county superintendent or county superintendents and shall be approved by the commissioner and the State board, the board of education of such a district so applying may appoint a superintendent of schools for a single district in the manner hereinbefore provided or may appoint a superintendent for two or more districts in the manner provided by section 4 of P.L.1996, c.111 (C.18A:17-24.1).
(cf: P.L.1996, c.111, s.2)
2. Section 4 of P.L.1991, c.267 (C.18A:17-20.1) is amended to read as follows:
4. At the conclusion of the term of the initial contract or of any subsequent contract as hereinafter provided, the superintendent shall not be deemed reappointed for another contracted term [of the same duration as the previous contract] unless [either: a.] the board [by contract] reappoints him for another contracted term of the same duration as the previous contract or a different term which term shall be not [less] more than three [nor more than five] years[, in which event reappointments thereafter shall be deemed for the new term unless a different term is again specified; or b. the] . The board [notifies] shall notify the superintendent in writing [that] if he will not be reappointed at the end of the current term, in which event his employment shall cease at the expiration of that term, provided that such notification shall be given prior to the expiration of the first or any subsequent contract by a length of time equal to 30 days for each year in the term of the current contract.
(cf: P.L.2008, c.106, s.1)
3. Section 6 of P.L.1996, c.111 (C.18A:17-24.3) is amended to read as follows:
6. a. The boards of education may, by contract, appoint a shared [superintendent or] school business administrator for a term of not less than three nor more than five years and expiring July 1, by the recorded roll call majority vote of the membership of each board. At the conclusion of the term of the initial contract or of any subsequent contract, the [superintendent or] business administrator shall be deemed reappointed for another contracted term of the same duration as the previous contract unless either:
[a.] (1) The boards shall together agree to reappoint the [person] business administrator by contract for a different term, which term shall not be less than three nor more than five years in which event reappointments thereafter shall be deemed for the new term unless a different term is again specified; or
[b.] (2) At least one year prior to the expiration of the first or any subsequent contract a board shall notify the [superintendent or] business administrator and the other board or boards in writing that the person will not be reappointed at the end of the current term, in which event the person's employment shall cease at the expiration of that term. The contract between the boards shall also be terminated. However, the termination shall not preclude any board from reemploying the [superintendent or] business administrator on an individual basis. If a contract between boards of education is terminated because the [superintendent or] business administrator is not reappointed at the end of the term of employment, and the boards involved in the previous sharing relationship determine to enter into a new contract, the boards shall not be required to prepare and submit a report or receive the approval of the Commissioner of Education if the new contract is for the same shared position for which the boards previously received approval.
b. The boards of education may, by contract, appoint a shared superintendent for a term of not more than three years and expiring July 1, by the recorded roll call majority vote of the membership of each board. At the conclusion of the term of the initial contract or of any subsequent contract as hereinafter provided, the superintendent shall not be deemed reappointed for another contracted term, unless the boards shall together reappoint the superintendent for another contracted term of the same duration as the previous contract or a different term which term shall be not more than three years. At least one year prior to the expiration of the first or any subsequent contract a board shall notify the superintendent and the other board or boards in writing that the superintendent will not be reappointed at the end of the current term, in which event the superintendent's employment shall cease at the expiration of that term. The contract between the boards shall also be terminated. The termination shall not preclude any board from reemploying the superintendent on an individual basis. If a contract between boards of education is terminated because the superintendent is not reappointed at the end of the term of employment, and the boards involved in the previous sharing relationship determine to enter into a new contract, the boards shall not be required to prepare and submit a report or receive the approval of the Commissioner of Education if the new contract is for the same shared position for which the boards previously received approval.
(cf: P.L.1996, c.111, s.6)
4. This act shall take effect immediately and shall apply to contracts entered into or renewed on or after the date of enactment.
STATEMENT
This bill provides that a local board of education is prohibited from appointing a superintendent to a contract term greater than three years in duration. The bill also eliminates the automatic reappointment of a superintendent by a board of education.
Under current law, a board of education may appoint a superintendent for a term of three, four, or five years, which expires on July 1. At the conclusion of the term, the superintendent is automatically reappointed for another contract term of equal duration to the expired term unless the board of education provides for a reappointment of a different term of not less than three and not more than five years, or the board of education provides the superintendent written notice of its intention not to renew the contract.
This bill amends current law to provide that a board of education may appoint a superintendent for a term of not more than three years. The bill also eliminates the automatic reappointment of a superintendent. Finally, the bill limits a superintendent to a term of not more than three years and eliminates the automatic reappointment of a superintendent with respect to a contract for a shared superintendent between the boards of education of two or more school districts.
