R 3142  Nonrenewal of Nontenured Teaching Staff Member
 A.    	Evaluations
 	1.     	Each nontenured teaching staff member shall be evaluated in strict 			compliance with N.J.S.A. 18A:27-3.1, N.J.A.C. 6A:10-1.1 et seq., 			and the policies and procedures of this district.
B.    	Nonrenewal Recommendation

1.     	When a nontenured teaching staff member’s performance does not 		meet the standards of the school district, employment will not be 		offered to the nontenured teaching staff member for the 			succeeding school year.
 
2.     	On or before May 15 of each year, each nontenured teaching 		staff member continuously employed by a Board of Education 		since the preceding September 30 shall receive a written notice 		from the Superintendent that such employment will not be 			offered if the Superintendent recommends the nontenured 			teaching staff member not be renewed.
 
3.     	A recommendation by the Superintendent to not renew a 			nontenured teaching staff member’s contract for the succeeding 		school year may be based upon the nontenured teaching staff 		member’s observations, evaluations, job performance, or any 		factor affecting his/her employment in the school district.
 
4.     	A nontenured teaching staff member’s employment contract 		can be renewed only upon the Superintendent’s 				recommendation and a recorded roll call majority vote of the full 		membership of the Board.  The Board shall not withhold its 		approval for arbitrary and capricious reasons.
 
C.    	Nonrenewal Action
 	1.     	Prior to notifying the nontenured teaching staff member of the 			nonrenewal, the Superintendent shall notify the Board of the 			recommendation not to renew the nontenured teaching staff 			member’s contract and the reasons for the recommendation. 			The Superintendent may notify the Board members of the 				recommendation not to renew the nontenured teaching staff 			member’s contract and the reasons for the recommendation in a 			written notice to the Board prior to May 15 or in the alternative, in 			executive session.  If notification is provided to the Board in 			executive session, the Superintendent and the Board will meet in 			executive session prior to May 15 to review the Superintendent’s 			recommendation(s).
 a.     	Notice of the executive session shall be given in 			accordance with N.J.S.A. 10:4-13 and individual notice 		shall be given, not less than forty-eight hours in advance of 		the meeting, to those nontenured teaching staff members 		whose possible nonrenewal will be discussed at the 			meeting.  If any such nontenured teaching staff member 		requests the discussion take place in public, the 			recommendation for his/her nonrenewal will be severed 		from any other nonrenewal recommendation(s) and will be 		scheduled for discussion at a public meeting prior to May 		15.
  
2.     	A nontenured teaching staff member not recommended for renewal 	by the Superintendent is deemed not renewed.  A Board of 			Education vote is not required on the Superintendent’s 			recommendation(s) to not renew a nontenured teaching staff 		member’s contract.
 D.    	Notice of Nonrenewal
 	1.   	The nonrenewal notice shall be provided to	the nontenured 			teaching staff member not recommended for renewal by the 			Superintendent on or before May 15.  If hand delivered, a record 			shall be made of the date on which delivery was made.  If sent by 			mail, the notice shall be sent registered mail, return receipt 				requested, to the nontenured teaching staff member’s address of 			record.
E.     	Request for Statement of Reasons
1.     	Any nontenured teaching staff member receiving notice that a 		teaching contract for the succeeding school year will not be 		offered may, within fifteen calendar days thereafter, request in 		writing, a statement of the reasons for such non-employment 		which shall be given to the nontenured teaching staff member 		in writing within thirty calendar days after the receipt of such 		request.  
 
2.     	The statement of reasons for a nonrenewal will set forth, with as 		much particularity as possible, the precise reasons for the 			nonrenewal.  Where the nonrenewal is based on performance 		deficiencies recorded in the nontenured teaching staff member’s 		observations and evaluations and the 	nontenured teaching staff 		member has been given a copy of those observations and 			evaluations, the statement of reasons may incorporate the 			observations and evaluations by reference.
 	3.     	The written statement of reasons will be prepared by the 				Superintendent.
 F.     	Nonrenewal Appearance
 	1.     	Whenever the nontenured teaching staff member has 				requested in writing and received a written statement of 				reasons for non-reemployment pursuant to N.J.S.A. 	18A:27-3.2, 			the nontenured teaching staff member may request in 				writing an informal appearance before the Board.  The 				written request shall be submitted to the Board within ten 				calendar days of the nontenured teaching staff member’s 				receipt of the Board’s statement of reasons. 
 	2.     	The informal appearance shall be scheduled within 					thirty calendar days from the nontenured teaching staff member’s 			receipt of the Board’s statement of reasons. 
 3.     	The Board will exercise discretion in determining a 				reasonable length of time for the proceeding, depending upon each 		instance’s specific circumstances. 
 
4.     	The proceeding of an informal appearance before the Board may 		be conducted in executive session pursuant to N.J.S.A.            		10:4-12(b)(8).  If conducted in executive session, notice must be 		given in accordance with N.J.S.A. 10:4-13.
 
5.   	The Board shall provide the nontenured teaching staff member 		adequate written notice regarding the date and time of the 			informal appearance. 
 
6.   	The nontenured teaching staff member’s appearance before 			the Board shall not be an adversary proceeding.  The purpose 		of the appearance shall be to provide the nontenured teaching 		staff member the opportunity to convince Board of Education 		members to offer reemployment.  
 
7.     	The proceeding of an informal appearance before the Board shall 		be conducted with the President of the Board presiding.
 	8.   	The nontenured teaching staff member may be represented by an 			attorney or by one individual of his/her choosing.  The 				nontenured teaching staff member may present, on his or her 			behalf, witnesses who do not need to present testimony under oath 			and shall not be cross-examined by the Board.  Witnesses shall be 			called one at a time into the meeting to address the Board and shall 		be excused from the meeting after making their statements. 
G.    	Final Determination
1.     	A Board vote is not 	required on the Superintendent’s 			recommendation(s) to not renew a nontenured teaching staff 		member.  However, after an informal appearance before the Board, 	the Superintendent may make a recommendation for 			reemployment of the nontenured teaching staff member to the 		voting members of the Board.   If the Superintendent recommends 		the nontenured teaching staff member for reemployment, the 		voting members of the Board must, by a majority vote of the full 		Board at a public session, approve or not approve the 			Superintendent’s recommendation for reemployment.
 
2.     	The Board may, with a majority vote of its full membership in 		public session and without the recommendation of the 			Superintendent, offer the nontenured teaching staff member 		reemployment after the informal appearance before the Board.
 
3.     	Within three working days following the informal appearance, 		the Board shall notify the affected nontenured teaching staff 		member, in writing, of its final determination.  The Board may 		delegate notification of its final determination to the 			Superintendent or Board Secretary.  

Date Issued:  12/18/1995
Date Revised:  4/28/2003; 12/15/2003;  6/26/2006; 9/21/09, 4/15/14, 7/27/21