"School Children First Act"; establishes factors for determining compensation; requires principal consent for teacher placement; eliminates certain seniority rights.

A4419

ASSEMBLY, No. 4419

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� �School Children First Act�; establishes factors for
determining compensation; requires principal consent for teacher placement;
eliminates certain seniority rights.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning certain teaching staff members,
supplementing chapters 6 and 29 of Title 18A of the New Jersey Statutes, and
revising various parts of the statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)� This act
shall be known and may be cited as the �School Children First Act.�

���� 2.��� (New section)��� a.�� A
school district shall annually report the number of teachers in each school who
received a rating of ineffective, partially effective, effective, and highly
effective on the annual summative evaluation.� The report shall be published on
the school district�s website.

���� b.��� The Commissioner of
Education shall annually report the number of teachers, principals, assistant
principals, and vice-principals in each school district who received a rating
of ineffective, partially effective, effective, and highly effective on the annual
summative evaluation.� The report shall be published on the Department of
Education�s website.

���� c.���� Notwithstanding the
provisions of subsections a. and b. of this section to the contrary, a school
district and the commissioner shall not report results that may lead to the
identification of the rating of an individual.� The commissioner shall
establish standards to be used in determining when the results of the annual
summative evaluation shall not be reported.

���� 3.��� (New section)��� a.�� A
board of education shall adopt a salary schedule or compensation policy for
teaching staff members employed in the position of teacher, principal,
assistant principal, or vice-principal in which the individual�s salary is
determined primarily by:

���� (1)�� the teaching staff
member�s demonstrated effectiveness in advancing student learning, as
determined by the staff member�s annual effectiveness rating;

���� (2)�� the teaching staff
member�s assignment to a failing school, as identified by the Commissioner of
Education; and

���� (3)�� the teaching staff
member teaching a subject area that the commissioner has designated as a
difficult to staff subject area.

���� b.��� A board of education
shall not adopt a salary schedule or compensation policy for teaching staff
members employed in the position of teacher, principal, assistant principal, or
vice-principal in which the individual�s years of employment is a primary determinant
of the individual�s salary.

���� c.���� The salary schedule or
compensation policy for teaching staff members employed in the position of
teacher, principal, assistant principal, or vice-principal adopted by a board
of education shall not provide additional compensation for academic credits earned
or degrees attained unless:

���� (1)�� the commissioner has
determined that attainment of the academic credit or degree will have a
demonstrably positive effect on student achievement; and

���� (2)�� the teaching staff
member is teaching or practicing in the subject area in which the academic
credit or degree was attained.

���� d.��� Regulations shall be
promulgated pursuant to section 19 of P.L.��� , c.�� (C. ) (pending before the
Legislature as this bill) pertaining to the compensation of teaching staff
members employed in the positions of teacher, principal, assistant principal,
and vice-principal, and they shall be binding upon and supersede any
district-adopted salary schedule or compensation policy that may be
inconsistent with the regulations.

���� e.���� A school district shall
adopt the salary schedule or compensation policy required pursuant to this
section by the 2022-2023 school year, provided however that any salary schedule
or compensation policy that is set out in any existing collective bargaining
agreement need not conform to the requirements set forth in regulations until
such time as the agreement expires.� No collective bargaining agreement or
other contract entered into by a school district after July 1, 2022 shall
conflict with the salary schedule or compensation policy set forth in
regulations.

���� 4.��� N.J.S.18A:6-31.1 is
amended to read as follows:

���� 18A:6-31.1.���� Whenever any
district is divided into two or more districts those persons having tenure, in
office, position or employment in such district
in positions other than
teacher, principal, assistant principal, or vice-principal
, shall continue
to have tenure in the district which comprises the territory in which they were
serving at the time of the division; the persons having tenure in office,
position or employment in such district
in positions other than teacher,
principal, assistant principal, or vice-principal,
whose services were not
exclusively confined to the territory comprising any one of the districts as so
divided, at the time of the division, shall be employed, if their services are
so required, in the district having the highest number of pupils in average
daily attendance during the second academic year preceding the academic year in
which the new district is created as certified by the department and those
persons having tenure in office, position or employment in the original
district
in positions other than teacher, principal, assistant principal, or
vice-principal,
who are not employed by the board of education of either
district shall retain the seniority and tenure rights acquired in the original
district and shall be employed in accordance therewith as vacancies occur in
either the original district or the new district before any other persons are
so employed in similar offices, positions or employments.

(cf: N.J.S.18A:6-31.1)

���� 5.��� N.J.S.18A:6-31.2 is
amended to read as follows:

���� 18A:6-31.2.���� The tenure,
seniority and pension rights of all persons, who had office, position or
employment in the original district at the time of said division
in
positions other than teacher, principal, assistant principal, or
vice-principal,
and who are employed in either district after such division
shall continue with� the same force and effect as though such division had not
occurred and any future continuation of service in either district shall be
deemed to be a continuation of the service rendered prior to said division and
any period of service rendered in the original district shall be credited
toward the acquisition of tenure, seniority and pension rights in the original
or new district, as the case may be.

(cf: N.J.S.18A:6-31.2)

���� 6.��� Section 2 of P.L.1995,
c.294 (C.18A:6-31.4) is amended to read as follows:

���� 2.��� Whenever a new school
district is created
[
,
the terms and conditions of employment, whether established through a
collective bargaining agreement or past practice, of the largest constituent
school district which is affected, replaced or displaced by, or forms part of
the new school district, shall apply until a successor agreement is negotiated
with the majority representative of the new school district.� As used in this
section, the term largest constituent school district means that school
district which employs the largest number of teaching staff members.

���� In the event that there is an
employee bargaining unit in a constituent school district with the next largest
number of employees and with a majority representative of the unit, which is
not so represented in the largest school district, the terms and conditions of
employment for all employees holding positions in that unit in the new school
district shall apply provided that the terms and conditions of employment shall
only apply to the new school district's employees in that bargaining unit
]

a new
collective bargaining agreement shall be negotiated with the majority
representative of the new school district
.

(cf: P.L.1995, c.294, s.2)

���� 7.��� Section 3 of P.L.1995,
c.294 (C.18A:6-31.5) is amended to read as follows:

���� 3.��� Whenever a new school
district is created, the tenure and seniority rights of all employees from the
affected, constituent, replaced or displaced districts which form or are a part
of, or are affected, replaced or displaced by the new school district, except
for employees who are superintendents
or in the positions of teacher,
principal, assistant principal, or vice-principal
, shall be recognized and
preserved by the new school district and all periods of employment in any of
the school districts shall count toward acquisition of tenure and seniority in
the new school district.� All statutory and contractual rights to tenure,
seniority, accumulated sick leave, leave of absence, and pension of an
employee, other than an employee who is a superintendent
or in the positions
of teacher, principal, assistant principal, or vice-principal
, which have
been acquired through employment in any of the districts shall be recognized by
the new school district.

(cf: P.L.1995, c.294, s.3)

���� 8.��� Section 4 of P.L.1995,
c.294 (C.18A:6-31.6) is amended to read as follows:

���� 4.��� Following consideration
of the tenure and seniority rights of employees provided pursuant to section 3
of this act or pursuant to any other section of law, a new school district
shall fill all vacancies and available positions
other than teacher,
principal, assistant principal, and vice-principal
from a pool of qualified
employees prior to interviewing applicants or hiring new employees.� The pool
of qualified employees shall consist of all employees of the constituent,
affected, displaced or replaced school districts
in positions other than
teacher, principal, assistant principal, and vice-principal,
who would
otherwise be entitled to continued employment in that district in the following
school year but are not entitled to continued employment in the new school
district because of tenure or seniority status.�
[
During
]

For positions other than
teacher, principal, assistant principal, and vice-principal, during
the
school year in which the new district is established, a new school district
shall not hire an employee for a particular position until all employees in the
labor pool qualified to fill the position have been offered employment by the
new school district.

(cf: P.L.1995, c.294, s.4)

���� 9.��� N.J.S.18A:13-49 is
amended to read as follows:

���� 18A:13-49.��� All
[
principals,
teachers and
]

employees in the employ of any dissolving local district
in positions other
than teacher, principal, assistant principal, and vice-principal
shall be
transferred to and continue in their respective employments in the employ of
the regional school district and their rights to tenure, pension and
accumulated leave of absence accorded under the laws of the state shall not be
affected by their transfer to the employ of the regional school district.

(cf: N.J.S.18A:13-49)

���� 10.� Section 14 of P.L.1975,
c.360 (C.18A:13-64) is amended to read as follows:

���� 14.� All employees of the
regional district
in positions other than teacher, principal, assistant
principal, and vice-principal,
shall continue in their respective positions
in the withdrawing district, or in each of the constituent districts in the
event of a dissolution, and all of their rights of tenure, seniority, pension,
leave of absence and other similar benefits shall be recognized and preserved
and any periods of prior employment in the regional district shall count toward
the acquisition of tenure to the same extent as if all such employment had been
under the withdrawing district or in any of the constituent districts in the
event of a dissolution.� In the event of a withdrawal, any tenured employee in
a school located in the withdrawing district
in positions other than
teacher, principal, assistant principal, and vice-principal,
who desires to
remain in the employ of the regional district, and whose seniority under
existing tenure laws so permits, may apply for and shall be granted a transfer
to a position
other than teacher, principal, assistant principal, and
vice-principal
with the regional district for which he is certified which
is vacant, held by a tenured employee with less seniority or by an employee
without tenure; applications for such transfers shall be made within 45 days of
the date of the special school election at which the withdrawal was approved.

(cf: P.L.1993, c.255, s.13)

���� 11.� Section 15 of P.L.1989,
c.90 (C.18A:13-80) is amended to read as follows:

���� 15.� All employees of the all
purpose regional district
in positions other than teacher, principal,
assistant principal, and vice-principal
shall continue in their respective
positions in the new district and all of their rights of tenure, seniority,
pension, leave of absence and other similar benefits shall be recognized and
preserved and any periods of prior employment in the all purpose regional
district shall count toward the acquisition of tenure to the same extent as if
the employment had been under the new district. Any tenured employee in a
school located in the new district
in a position other than teacher,
principal, assistant principal, and vice-principal
who desires to remain in
the employ of the all purpose regional district, and whose seniority under
existing tenure laws so permits, may apply for and shall be granted a transfer
to a position
other than teacher, principal, assistant principal, or
vice-principal
with the all purpose regional district for which he is
certified which is vacant, held by a tenured employee with less seniority or by
an employee without tenure. Applications for these transfers shall be made
within 45 days of the date of the special school election at which the
withdrawal was approved.

(cf: P.L.1989, c.90, s.15)

���� 12.� Section 1 of P.L. 1995,
c.125 (C.18A:27-4.1) is amended to read as follows:

���� 1.��� Notwithstanding the
provisions of any law, rule or regulation to the contrary,

���� a.����
(1)
���� A board
of education shall appoint, transfer or remove a certificated or
non-certificated officer or employee
[
only
]
upon the
recommendation of the chief school administrator and by 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.

����
(2)�� A teacher shall not
be assigned to the instructional staff of a school without the consent of the
school principal for the assignment.

����
(3)�� In the event that a
principal does not consent to the assignment of a teacher under tenure, the
teacher may continue to receive salary and benefits while the teacher and the
school district search for an alternative assignment in the district.� If the
consent of a principal at another school in the district is not obtained within
12 months of the date on which the initial assignment is approved by the board
of education, the board may place the teacher on permanent unpaid leave.� A
teacher on permanent unpaid leave shall not receive salary, benefits, or credit
towards salary or benefits.

���� b.��� A board of education
shall renew the employment contract of a certificated or non-certificated
officer or employee only upon the recommendation of the chief school
administrator and by 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.� A nontenured officer or employee who is not recommended
for renewal by the chief school administrator shall be deemed nonrenewed.�
Prior to notifying the officer or employee of the nonrenewal, the chief school
administrator shall notify the board of the recommendation not to renew the
officer's or employee's contract and the reasons for the recommendation.� An
officer or employee whose employment contract is not renewed shall have the
right to a written statement of reasons for nonrenewal pursuant to section 2 of
P.L.1975, c.132 (C.18A:27-3.2) and to an informal appearance before the board.�
The purpose of the appearance shall be to permit the staff member to convince
the members of the board to offer reemployment.� The chief school administrator
shall notify the officer or employee of the nonrenewal pursuant, where
applicable, to the provisions of section 1 of P.L.1971, c.436 (C.18A:27-10).

���� c.���� The provisions of this
section shall not apply to the appointment, transfer, removal, renewal or
nonrenewal of a person who is a treasurer of school moneys, election officer,
board auditor, board attorney or board secretary, except a board secretary who performs
business administration functions.

(cf: P.L.1995, c.125, s.1)

���� 13.� N.J.S.18A:28-6.1 is
amended to read as follows:

���� 18A:28-6.1.���� Whenever,
heretofore or hereafter, any board of education in any school district in this
state shall discontinue any high school, junior high school, elementary school
or any one or more of the grades from kindergarten through grade 12 in the
district and shall, by agreement with another board of education, send the
pupils in such schools or grades to such other district, all teaching staff
members
in positions other than teacher, principal, assistant principal, and
vice-principal,
who are assigned for a majority of their time in such
school, grade or grades and who have tenure of office at the time such schools
or grades are discontinued shall be employed by the board of education of such
other district in the same or nearest equivalent position; provided that any
such teaching staff member may elect to remain in the employ of the former
district in any position
other than teacher, principal, assistant principal,
and vice-principal,
to which he may be entitled by virtue of his tenure and
seniority rights by giving notice of said election to the boards of education
in each of the school districts at least three months prior to the date on
which such school, grade, or grades are to be discontinued.� Teaching staff
members
other than teachers, principals, assistant principals, and
vice-principals,
so employed in such other district shall have their rights
to tenure, seniority, pension and accumulated leave of absence, accorded under
the laws of this state, recognized and preserved by the board of education of
that district.� Any periods of prior employment in such sending district shall
count toward the acquisition of tenure in the other district to the same extent
as if all such prior employment had been in such other district.

(cf: N.J.S.18A:28-6.1)

���� 14.� N.J.S.18A:28-9 is amended
to read as follows:

���� 18A:28-9.�� Nothing in this
title or any other law relating to tenure of service shall be held to limit the
right of any board of education to reduce the number of teaching staff members,
employed in the district whenever, in the judgment of the board, it is advisable
to abolish any such positions for reasons of economy or because of reduction in
the number of pupils or of change in the administrative or supervisory
organization of the district or
for efficiencies found through the
consolidation or sharing of services between school districts or because a
school has been identified as failing by the commissioner or
for other good
cause upon compliance with the provisions of this article.

(cf: N.J.S.18A:28-9)

���� 15.� N.J.S.18A:28-10 is
amended to read as follows:

���� 18A:28-10.���
[
Dismissals
]

In the
case of teaching staff members in positions other than teacher, principal,
assistant principal, or vice-principal, dismissals
resulting from any such
reduction shall not be made by reason of residence, age, sex, marriage, race,
religion or political affiliation but shall be made on the basis of seniority
according to standards to be established by the commissioner with the approval
of the state board.

����
In the case of teaching
staff members in the position of teacher, principal, assistant principal, and
vice-principal, dismissals resulting from any such reduction shall not be made
by reason of residence, age, sex, marriage, race, religion, or political
affiliation, but shall be made on the basis of effectiveness as determined by
the evaluation system established pursuant to the provisions of P.L.2012, c.26
(C.18A:6-117 et al.).

(cf: N.J.S.18A:28-10)

���� 16.� N.J.S.18A:28-11 is
amended to read as follows:

���� 18A:28-11.��� In the case of
[
any such
reduction
]

teaching staff members in positions other than teacher, principal, assistant
principal, and vice-principal,
the board of education shall determine
in
any such reduction
the seniority of the persons affected according to such
standards and shall notify each such person as to his seniority status, and the
board may request the commissioner for an advisory opinion with respect to the
applicability of the standards to particular situations, which request shall be
referred to a panel consisting of the
executive
county superintendent of
the county, the secretary of the state board of examiners and an assistant
commissioner of education designated� by the commissioner and an advisory
opinion shall be furnished by said panel.� No determination of such panel shall
be binding upon the board of education or any other party in interest or upon
the commissioner or the state board if any controversy or dispute arises as a
result of such determination and an appeal� is taken therefrom pursuant to the
provisions of this title.

(cf: N.J.S.18A:28-11)

���� 17.� Section 1 of P.L.1985,
c.217 (C.18A:28-11.1) is amended to read as follows:

���� 1.��� In computing length of
service for seniority purposes, every teaching staff member
in a position
other than teacher, principal, assistant principal, and vice-principal
who,
after July 1, 1940, has served or hereafter shall serve, in the active military
or naval service of the United States or of this State, including active
service in the women's army corps, the women's reserve of the naval reserve, or
any similar organization authorized by the United States to serve with the army
or navy, in time of war or an emergency, or for or during any period of
training, or pursuant to or in connection with the operation of any system of
selective service, or who was a member of the American Merchant Marine during
World War II and is declared by the United States Department of Defense to be
eligible for federal veterans' benefits, shall be entitled to receive
equivalent years of employment or seniority credit for that service as if the
member had been employed for the same period of time in some publicly owned and
operated college, school or institution of learning in this or any other state
or territory of the United States, except that the period of that service shall
not be credited toward more than four years of employment or seniority credit.�
Any military or naval service shall be credited towards this employment or
seniority credit including service that occurred prior to the member's employment
as a teaching staff member.

(cf: P.L.1991, c.389, s.2)

���� 18.� N.J.S.18A:28-12 is
amended to read as follows:

���� 18A:28-12.��� If any teaching
staff member
in a position other than teacher, principal, assistant
principal, and vice-principal
shall be dismissed as a result of such
reduction, such person shall be and remain upon a preferred eligible list in
the order of seniority for reemployment whenever a vacancy occurs in a position
for which such person shall be qualified and he shall be reemployed by the body
causing dismissal, if and when such vacancy occurs and in determining
seniority, and in computing length of service for reemployment, full
recognition shall be given to previous years of service, and the time of
service by any such person in or with the military or naval forces of the
United States or of this State, subsequent to September
1, 1940, and the time of service of any member of the American Merchant Marine
during World War II who is declared by the United States Department of Defense
to be eligible for federal veterans' benefits, shall be credited to him as
though he had been regularly employed in such a position within the district
during the time of such military or naval service, except that the period of
that service shall not be credited toward more than four years of employment or
seniority credit.

(cf: P.L.1991, c.389, s.3)

���� 19.� Notwithstanding any
provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the
Commissioner of Education shall adopt, immediately upon filing with the Office
of Administrative Law, such rules and regulations as the commissioner deems
necessary to effectuate the provisions of P.L.��� , c.�� (C. )
(pending before the Legislature as this bill) which shall be effective for a
period not to exceed 12 months.� The regulations shall thereafter be amended,
adopted, or readopted by the State Board of Education in accordance with the
provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).

���� 20.� The following sections
are repealed:

���� Section 5 of P.L.1995, c.294
(C.18A:6-31.7);

���� N.J.S.18A:8-34;

���� N.J.S.18A:13-42;

���� Section 1 of P.L.1972, c.64
(C.18A:29-4.2).

����

���� 21.� This act shall take
effect immediately.

STATEMENT

���� The bill requires school
districts to adopt a salary schedule or compensation policy for all teachers,
principals, assistant principals, and vice-principals that is consistent with
regulations promulgated in accordance with the provisions of the bill.� The
regulations will establish the individual�s annual evaluation, assignment to a
failing school, and teaching in a difficult to staff subject area as the
primary factors that determine an individual�s compensation, and years of
experience cannot be a primary determinant of an individual�s compensation.� A
district would only be allowed to provide additional compensation for education
attainment if the commissioner has determined that the additional education
will have a positive effect on student achievement and the teaching staff
member is teaching or practicing in the subject area in which the additional
academic credit or degree was attained.

���� The bill stipulates that a
teacher will not be assigned to the instructional staff of a school without the
consent of the principal of the school.� If a principal does not consent to the
assignment of a teacher who is under tenure, the teacher may continue to
receive compensation as the teacher and district seek to identify a principal
who will consent to the placement.� If such as placement is not found after 12
months, the teacher may be placed on permanent unpaid leave.

���� The bill also requires that,
in the case of a teacher, principal, assistant principal, or vice-principal,
any dismissals resulting from a reduction in force must be made on the basis of
effectiveness as determined by the evaluation system established under
P.L.2012, c.26, rather than based on seniority.� Last, the bill requires
school districts to report the number of teachers in each school who received a
rating of ineffective, partially effective, effective, and highly effective on
the annual summative evaluation.� The Commissioner of Education will provide a
similar report for teachers, principals, assistant principals, and
vice-principals in each school district.