TRENTON, NJ – Noncitizen teachers working in New Jersey public schools could soon become eligible for tenure under new legislation introduced in the General Assembly.
Assembly Bill — sponsored by Assemblyman Sterley S. Stanley (D-Middlesex) and introduced November 17 — would amend existing law to permit educators who hold valid teaching certificates but are not yet U.S. citizens to qualify for tenure protections, provided they meet all other statutory requirements.
Under current law, foreign nationals who have declared an intention to become U.S. citizens may receive a teaching certificate from the State Board of Examiners. However, state statutes currently bar those teachers from earning tenure unless they achieve citizenship.
Extending tenure eligibility
The bill would remove those restrictions, allowing qualified noncitizen teachers holding such certificates to obtain tenure after completing the required period of service under N.J.S.A. 18A:28-5.
Teachers already employed under noncitizen certificates at the time of enactment would be able to count prior years of service toward tenure eligibility.
The legislation would also repeal two statutory sections — N.J.S.A. 18A:6-39 and N.J.S.A. 18A:28-3 — that specifically prohibit noncitizens from acquiring tenure.
Maintaining certification requirements
Noncitizen teachers would still be required to declare an intention to become U.S. citizens when applying for certification, and the State Board of Examiners would retain authority to revoke certificates if an individual abandons efforts to naturalize or becomes disqualified for citizenship.
Teachers participating in approved international exchange programs would remain exempt from the citizenship declaration requirement under existing law.
Purpose of the change
According to the bill statement, the measure is intended to address staffing shortages and recognize the contributions of immigrant educators already working in New Jersey classrooms. It ensures that qualified, lawfully employed teachers are eligible for the same professional protections as their citizen colleagues.
The bill would take effect immediately upon enactment.
Assemblyman Sterley S. Stanley’s proposal would allow qualified noncitizen teachers to earn tenure in New Jersey public schools for the first time.