Bill Text: NJ SR48 | 2014-2015 | Regular Session | Introduced
Bill Title: Expresses sentiment of the Senate that application for an equivalency to seniority regulations by State District Superintendent of Newark School District is an attempt to usurp authority of the Legislature.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-02-27 - Filed with Secretary of State [SR48 Detail]
Download: New_Jersey-2014-SR48-Introduced.html
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex)
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Expresses sentiment of the Senate that application for an equivalency to seniority regulations by State District Superintendent of Newark School District is an attempt to usurp authority of the Legislature.
CURRENT VERSION OF TEXT
As introduced.
A Senate Resolution expressing the sentiment of the Senate that the application for an equivalency to seniority regulations submitted by the State District Superintendent of the Newark School District is an attempt to usurp the authority of the Legislature.
Whereas, The Legislature established seniority as the basis for the dismissal of school employees in the event of a reduction in force under the provisions of N.J.S.A.18A:28-10; and
Whereas, While this section of law has undergone revision since its original adoption in 1909, seniority has been maintained as the basis for employee dismissals in the case of any school district reduction in force; and
Whereas, N.J.S.A.18A:28-10 also authorized the Commissioner of Education to establish standards, with the approval of the State Board of Education, for determining an individual's seniority status; and
Whereas, Pursuant to this authority, regulations were adopted that establish how seniority will be calculated in accordance with the number of academic years or calendar years of employment, or fraction thereof, in the school district in specific employment categories; and
Whereas, Despite the plain language of this statute, the State District Superintendent of the Newark School District recently submitted an application to the Commissioner of Education for the approval of an equivalency to the seniority standards established by the commissioner. Under that application, the superintendent seeks the authority to use a factor in addition to seniority in making decisions about the dismissal of teachers in the Newark School District; and
Whereas, An equivalency is a procedure established under regulations, N.J.A.C.6A:5-1.1 et seq., that attempts to provide regulatory flexibility for school districts to meet requirements of the Administrative Code through an equivalency to a specific rule; and
Whereas, An equivalency, if granted by the commissioner, permits the school district to achieve the intent of a specific rule through an alternate means that is different from, yet judged to be comparable to or as effective as, those prescribed within the rule; and
Whereas, If by statute, dismissals resulting from reductions in force are required to be based solely on length of service, the commissioner would not have the authority under N.J.A.C.6A:5-1.1 et seq. to grant an equivalency in this case; and
Whereas, In June of 2012 the Legislature approved and the Governor subsequently signed on August 6th, the "Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act," P.L.2012, c.26, which revised the law on teacher tenure and established an evaluation procedure for the purpose of identifying and dismissing ineffective teachers; and
Whereas, Any change to the criteria upon which school district employees are dismissed in the event of a reduction in force is the prerogative of the Legislature and any revisions that may be required to the process for dismissal must be evaluated and considered by the Legislature. Any attempt to circumvent statutory law can be viewed as an usurpation of legislative authority; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. This House expresses its sentiment that the application for an equivalency to the seniority regulations submitted by the State District Superintendent of the Newark School District is an attempt to usurp the authority of the Legislature and such equivalency is not authorized as seniority is established as the basis for employee dismissal in the case of a reduction in force under State law at N.J.S.A.18A:28-10. Any change in the criteria for school district employee dismissal in the case of a reduction in force requires review and consideration by the Legislature.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Governor and to the Commissioner of Education.
STATEMENT
The State District Superintendent of the Newark School District has submitted an application to the Commissioner of Education for an equivalency to seniority regulations. An "equivalency" permits a school district to achieve the intent of a specific rule through an alternate means that is different from, yet judged to be comparable to or as effective as, those prescribed within the rule. The State District Superintendent is seeking the equivalency in order to be permitted to dismiss teaching staff members using a factor in addition to seniority. The application for the equivalency to the seniority rules, however, completely ignores the fact that it is pursuant to a statute, N.J.S.A.18A:28-10, that these dismissals are required to be made on the basis of seniority alone, and that the Commissioner of Education has no authority to grant a district relief from statutory requirements.
This resolution expresses the sentiment of the Senate that the application for an equivalency to the seniority regulations submitted by the State District Superintendent of the Newark School District is an attempt to usurp the authority of the Legislature and such equivalency is not authorized as seniority is established as the basis for employee dismissal in the case of a reduction in force under State law at N.J.S.A.18A:28-10. Any change in the criteria for school district employee dismissal in the case of a reduction in force requires review and consideration by the Legislature.
