A Capehart Scatchard Blog

Tag: non-renewal

To Rice or Not to Rice? A Lesson from the Appellate Division

By on February 15, 2017 in Open Public Meetings Act with 0 Comments

In a published decision released on February 8, 2017, the New Jersey Appellate Division issued an important ruling regarding a public entity’s obligations regarding Rice notices provided to its employees. In Kean Federation of Teachers v. Board of Trustees of Kean University, the Appellate Division determined that a public body is required to provide a Rice notice to any employee whose name appears on the agenda regarding his or her employment, regardless of whether the public body intends to discuss that individual’s employment. Specifically, the Appellate Division held that “a public body is required to send out a Rice notice […]

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Non-Renewal Provision in Superintendent’s Contract Voided

By on December 13, 2016 in Labor & Employment with 0 Comments

On December 1, 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld an Administrative Law Judge’s determination to invalidate a non-renewal provision contained in a Superintendent’s contract. In Richardson v. Gangadin and Jersey City Education Association v. Jersey City Board of Education, the Commissioner found that a board of education and a Superintendent may not alter the statutory requirements governing the renewal of a Superintendent’s contract. N.J.S.A. 18A:17-20.1 provides, in part, that a Superintendent will be automatically reappointed or renewed unless the board of education affirmatively provides timely notice.  Such notice must be 30 days for each year in the […]

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Paraprofessionals Not Entitled to Automatic Renewal of Employment

A non-tenured, public school teacher is entitled to written notice of non-renewal regarding his or her employment by May 15 each school year if the board of education or charter school wishes to no longer employ that teacher for the following school year. This type of notice also applies to paraprofessionals. Pursuant to N.J.S.A. 18A:27-11, a school district or charter school’s failure to provide this non-renewal notice to a non-tenured teaching staff member results in an automatic offer of employment to the teacher for the next school year – but does this right extend to paraprofessionals? The New Jersey Commissioner […]

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Appellate Division Decides Arbitrability Issue Involving Former School District Employees

By on March 17, 2016 in Labor & Employment with 0 Comments

Collective negotiated agreements (“CNAs”) delineate the terms and conditions of employment for many, if not the majority, of board of education employees.  They often dictate an employee’s rights and privileges, hours, salary, benefits, procedures for the termination of employment, and grievance procedures for challenging a board’s interpretation or application of the CNA.  On February 2, 2016, the Appellate Division in Egg Harbor Township Board of Education v. Egg Harbor Township Education Association, 2016 N.J. Super. Unpub. LEXIS 205 (App. Div. 2016) addressed the issue of whether the Egg Harbor Township Board of Education’s (“Board”) actions resulting in the discontinuation of […]

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