Page 8 THE VILLADOM TIMES I • December 14, 2011 Franklin Lakes School board wants to preserve personnel authority by Frank J. McMahon The Franklin Lakes Board of Education has passed a resolution urging the New Jersey Legislature to amend pending legislation that would remove a school board’s authority to appoint employees upon the recommendation of the superintendent to ensure that authority remains with the board. The proposed legislation, “The Teacher Effectiveness and Accountability for the Children of New Jersey Act,” primarily provides reform of the state’s tenure process and seniority system. However, it also includes provisions that the board of education feels would significantly diminish the involvement of the superintendent and local school board in personnel matters. Under current law, the board has the authority to appoint, transfer, or remove employees upon the recommendation of the superintendent. The proposed legislation (A4132 in the Assembly and S2925 in the Senate) provides that, except as otherwise constrained by seniority rights that have accrued to employees who acquired tenure prior to the bill’s effective date, the principal, in consultation with school improvement panels established under this legislation, would have sole authority to appoint or remove an employee in the position of teacher, assistant principal, or vice principal. In addition, any action taken by a principal to appoint or remove an employee would not be subject to approval of either the superintendent or the board. The board of education wants the legislature to amend the proposal to ensure that personnel hiring and placement decisions remain under the authority of the district superintendent with the approval of the members of the local board of education who are the community’s elected or appointed representatives. The board acknowledges that hiring procedures leading up to the chief school administrator’s recommendation should always consider the perspective the school principal, and that district-level factors, including the allocation of resources and programming considerations and educational goals, should take precedence when hiring and placing instructional staff. However, the proposed legislation would give sole authority to appoint or remove instructional staff to the principal, in consultation with a “school improvement panel” that would consist of the principal, an assistant principal, and an instructional staff member nominated by the principal and approved by the staff. The legislation requires each school to convene a school improvement panel that would include the principal, an assistant or vice principal, and a teacher or other member of the instructional staff nominated by the principal and approved by the instructional staff. The panel would be directly involved in the hiring of new teachers, overseeing the mentoring of teachers, conducting annual evaluations of teachers, and identifying professional development opportunities for all instructional staff members. “The TEACHNJ Act would completely remove the local board of education and the district superintendent from future personnel decisions,” the resolution states. “In New Jersey the community selects a school board, which has a fiduciary relationship with taxpayers and which sets education policy goals. The community vests in the board of education the authority to approve or reject personnel recommendations made by the superintendent; and, in making his or her personnel recommendations to the local board of education, the superintendent normally seeks the input of district and building-level administrators, including school principals.” The board also points out that the current hiring and staffing process has worked successfully in school districts throughout the state, as evidenced by New Jersey students’ performance on nationwide measures of achievement, such as the National Assessment of Education Progress. The proposed legislation also changes the requirements for a teacher, principal, assistant principal, or vice principal to attain tenure in their positions. Currently, teachers, principals, and other teaching staff members whose positions require that they hold a certificate issued by the New Jersey Board of Examiners receive tenure after completing three years of employment in a district. The proposed legislation provides that a person who is employed in the position of teacher, principal, assistant principal, or vice principal on or after the effective date of the legislation would receive tenure after the employee receives a rating of “effective” in each of three consecutive annual evaluations, with the first effective rating being received on or after the completion of the second year of employment. Therefore, a newly hired teacher, principal, assistant principal, or vice principal could qualify for tenure after four or more years of employment in the district, depending on his or her evaluations. In the case of a teacher, he or she must complete a mentorship program in the first year of employment. All other school district employees who are currently eligible for tenure would be able to attain tenure after a three-year period of employment, as established by existing law. Among other aspects of the legislation, a procedure would be established which is to be followed when a teacher, principal, assistant principal, or vice principal is transferred or promoted. The proposed legislation also provides that the principal, in consultation with the panel, must revoke the tenure granted to an employee in the position of teacher, assistant principal, or vice principal, if the employee is evaluated as “ineffective” in two consecutive annual evaluations. It also provides that the superintendent, or his or her designee, must revoke a principal’s tenure if the principal is evaluated as “ineffective” in two consecutive annual evaluations.