A5979

An Act concerning tenure for certain teachers, amending N.J.S.18A:26-8.1, and repealing 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:26-8.1 is amended to read as follows:

18A:26-8.1. a. (1) The State Board of Examiners may, with the approval of the commissioner, issue a teacher's certificate to teach in the public schools to any citizen of any other country who has declared [his] an intention of becoming a United States citizen and who is otherwise qualified, but [any such] the certificate may be revoked by the State Board of Examiners if the board is satisfied that the holder thereof has abandoned [his] any efforts to become a United States citizen, or has become disqualified for citizenship, or shall not have become a United States citizen, within five years of the date of its issuance.

(2) An individual holding a teaching certificate issued pursuant to paragraph (1) of subsection a. of this section shall be eligible for tenure, provided the individual meets the applicable requirements enumerated pursuant to N.J.S.18A:28-5.

(3) In the case of a teacher holding a certificate issued pursuant to paragraph (1) of subsection a. of this section, who is employed in a school district on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the teaching services performed by the teacher in the district prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall count for the purposes of meeting the requirements for tenure pursuant to N.J.S.18A:28-5.

b. A declaration of intention to become a United States citizen shall not be required of a teacher from a foreign country who is enrolled with an approved international agency which operates a teacher placement program or teacher exchange program in order for the teacher to obtain any necessary certification to teach in the public schools.

(cf: P.L.2002, c.9, s.2)

2. The following sections are repealed:

N.J.S.18A:6-39; and

N.J.S.18A:28-3.

3. This act shall take effect immediately.

STATEMENT

This bill provides that certain noncitizen teachers are eligible for tenure. Tenure is a statutory construct that, when acquired, generally prohibits a teacher from being dismissed or reduced in compensation, except for reasons of inefficiency, incapacity, or conduct unbecoming a teacher or other just cause.

Pursuant to current law, any citizen of any other country who has declared an intention of becoming a United States citizen, and who is otherwise qualified to be a teacher, may be issued a noncitizen teaching certificate by the State Board of Examiners. However, State law also prohibits a teacher from acquiring tenure unless the teacher is a United States citizen.

This bill repeals the sections of law that prohibit noncitizens from acquiring tenure. In addition, the bill provides that the holder of a noncitizen teaching certificate is eligible for tenure if the holder meets the qualifications for tenure enumerated under current law. In the case of a teacher holding a noncitizen teaching certificate who is employed by a school district as of the effective date of this bill, the teaching services performed by the teacher are to count for the purposes of meeting the requirements for tenure under current law.