New Jersey Lawyers BlogFailure to Give Timely Written Notice of Non-Renewal Requires Reinstatement of Non-Tenured New Jersey Educator
New Jersey employment law provides that non-tenured educators must receive written notice that their employment contracts will not be renewed by May 15th or their contracts will be deemed to be renewed for the coming school year. A New Jersey appeals court recently issued a decision examining the procedure and consequences of the non-renewal of an assistant principal after failing to give her the required timely written notice in the case of Adeyin vs. Board of Education of the City of Orange.
Background
Ehimwenma Adeyin was a non-tenured assistant principal at Rosa Parks Community School in Orange, New Jersey. She began work in 2023, and her contract was renewed for the 2023-2024 school year. She was permitted to participate in a two-year program to obtain a certificate from the New Jersey Department of Education for the position of principal.
On May 7, 2024, however, the Orange Board of Education sent Adeyin a Rice Notice that her employment status would be discussed at the Board meeting the following night. That same day the superintendent notified her verbally in a zoom meeting that contract would not be renewed for the following academic year. He did not give her written notice.
No action was taken at the May 8th meeting regarding her contract. On May 15th a reappointment list was distributed, but Adeyin’s name was not on it. On May 17th, Adeyin informed the Board that she accepted her reappointment “as prescribed by N.J.S.A. 18A:27-11.” On the 18th the Board advised her that her contract was not being renewed, purportedly confirming the “official notice of non-renewal” she had received on May 6th. Adeyin appeared before the Board at a Donaldson hearing on June 12, but the Board affirmed her non-renewal and terminated her effective June 20, 2024.
Adeyin’s Appeal
Adeyin filed an appeal with the New Jersey Commissioner of Education, which was transferred to the New Jersey Office of Administrative Law for an evidentiary hearing. Adeyin moved for summary judgment, and the administrative law judge (ALJ) issued an initial decision recommending that the Board reinstate Adeyin with back pay and give her a contract for the following year. The ALJ found that the Board failed to give Adeyin written notice of non-renewal before May 15th as required by N.J.S.A. 18A:27-10, and therefore “the Board was deemed to have offered [Adeyin] continued employment” in accordance with N.J.S.A. 18A:27-11. The Department of Education adopted the ALJ’s decision and directed the Board to issue her a contract for the 2024-2025 year.
The Board of Education appealed to the Appellate Division of the Superior Court of New Jersey.
The Appellate Division Affirms the Commissioner of Education
The Appellate Division affirmed the Commissioner’s decision in a written opinion.
The Court explained that the statutory scheme requires boards of education to provide an untenured employee with written notice of its decision not to renew her contract by May 15th, or it is deemed to have offered her employment for the next academic year. The Court rejected the Board’s argument that it had “substantially complied.” The statutes required written notice, so the Board’s argument that its oral notice – even if it had been clear and unambiguous – was rejected.
Moreover, the Appellate Division found that the Board also could not claim substantial compliance because its actions harmed Adeyin. It explained:
We are unpersuaded by the Board’s contention that, as of May 7, Adeyin “had ample information and opportunity to make decisions regarding her future and/or alternative employment.” The record establishes Adeyin reasonably relied on the retraction of the May 7 verbal notice of non-renewal and lack of direct written notice to her, when she accepted the Board’s de facto renewal of her contract after the May 15 statutory deadline. Adeyin suffered prejudice by an inability to seek alternative employment, having justifiably determined that her contract renewed by operation of law.
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Thus, we conclude belated notice fails to provide the employee with sufficient time to make an informed decision.
Because the Board failed to give written notice of non-renewal to Adeyin by May 15th, the Commissioner was correct to conclude that the Board had effectively offered her reemployment for the coming school year, and that she should be reinstated with back pay and a new annual contract.
The Takeaway
While this was a unique set of facts and the Board of Education made multiple mistakes and gave conflicting information, it stand for the principle that if a board of education fails to give one of its untenured educators written notice of non-renewal by May 15th and still terminates the employee’s employment, the statutory scheme provides the educator with an effective avenue of relief.
Every case is different and stands on its own facts, so educators in this situation should try to preserve all communications and other relevant documents and information, and pursue relief through the Commissioner of Education. (Remember that there are very short and strict time limitations for these appeals.)
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Our New Jersey employment attorneys represent teachers, administrators and other government employees in all aspects of New Jersey public employment law, including appeals of discipline, termination and tenure charges. Call us at (973) 890-0004 or fill out the contact form on this page. We can help you.