The Ocean Gate Board of Education shall renew the employment contract of a nontenured teaching staff member by a recorded roll call majority vote of the full board only upon the recommendation of the chief school administrator. A nontenured teaching staff member who is not recommended for renewal by the chief school administrator shall be deemed nonrenewed. Written notice of nonrenewal of employment will be sent to the employee by the board secretary. This notice will be given by the date specified by law.

A written request from a nontenured teaching staff member for a written statement of reasons for nonreemployment will be honored by the board of education.

An informal appearance before the board may be requested in writing within 10 calendar days and shall be scheduled within 30 days of receipt of the board’s statement of reasons.

It is the board of education’s prerogative to determine the date, starting time and length of an informal appearance, the purpose of which shall be to permit the staff member a final opportunity to convince the board of education to offer reemployment. Written notice of date and time will be provided to the staff member at least five days prior to the informal appearance.

The nontenured teaching staff member may be represented by counsel or one individual of his/her choosing and may present witnesses on his/her behalf. Those witnesses are not subject to cross examination by the board of education and will be excused from the hearing after making their statements.

Within three days following the informal appearance, the board of education or its designee will notify the teaching staff member, in writing, of the board’s final decision.

NJSBA Review/Update: October 2008, October 2017
Adopted: January 21, 2009
Reviewed:

Key Words

Nonrenewal, Nontenured Teachers

Legal References: N.J.S.A. 18A:27 3.1 Non tenured teaching staff; observation and evaluation; conference; purpose
N.J.S.A. 18A:27 3.2 Teaching staff member; notice of termination; statement of reasons; request; written answer
N.J.S.A. 18A:27-4.1 Appointment, transfer, removal, or renewal of officers and employees; exceptions
N.J.S.A. 18A:27 10 et seq. Nontenure teaching staff member; offer of employment for next succeeding year or notice of termination before May 31
N.J.A.C. 6A:10 9.1 Procedure for appearance of nontenured teaching staff members before a district board of education upon receipt of notice of nonreemployment
N.J.A.C. 6A:32 4.1 et seq. Employment of teaching staff

Donaldson v. North Wildwood Bd. of Ed., 65 N.J. 236 (1974)

Hicks v. Pemberton Township Board of Education, 1975 S.L.D. 332

Velasquez v. Brielle Board of Education, 97 N.J.A.R. 2d (EDU) (August 6), aff’g on different grounds Comm’r 96 N.J.A.R. 2d (EDU) (April 4)

Possible
Cross References: *4115 Supervision
*4116 Evaluation
*4117.4 Reduction in force/abolishing a position
*Indicates policy is included in the Critical Policy Reference Manual.