Bill > A5017

Introduced Session

This bill amends the requirements for proceedings concerning the nonrenewal of nontenured officers and employees of school district boards of education. Under current law, these proceedings, often called "Donaldson hearings," are informal appearances that provide an opportunity for nontenured staff members for whom the chief school administrator has recommended nonrenewal to convince members of the board of education to offer reemployment. The bill provides nontenured staff members, whose employment contracts are not renewed, a right to a formal hearing before the applicable board of education to convince the board members to offer reemployment. The bill requires the presence of the school board attorney at all of these hearings, requires the nontenured staff member to provide copies of all written material in support of the case to the board attorney at least three days in advance of the hearing, and requires the decision of the board of education on whether to renew the contract of a nontenured staff member to be in writing. The written decision of the board is required to include the factual background of the case, as well as the reasons for the board's decision. In the case of hearings conducted remotely, the bill prohibits deactivation of video functionality by board members except during formal break periods. The purpose of this bill is to afford greater due process than provided under current law for nontenured staff who face the prospect of nonrenewal from positions of school district employment. Specifically, under this bill, boards of education would assume a more formalized process when conducting hearings concerning the nonrenewal of an employment contract for a nontenured staff member, including the requirement that the board memorialize its findings and conclusions at the conclusion of each hearing. It is the sponsor's belief that this requirement will minimize arbitrary decision making and will provide a more substantial record in the event of appeal.

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Ralph Caputo (D)*, 

Introduced, Referred to Assembly Education Committee (on 01/10/2023)

Official Document