The non-renewed employee also has the right to an informal appearance before the board in order to convince the board to offer re-employment despite the superintendent’s decision to non-renew. This informal appearance, known as a “Donaldson Hearing,” is a right that was established by the New Jersey Supreme Court in Donaldson v. North Wildwood Bd. of Ed., 65 N.J. 236 (1974). The employee has 10 days from the receipt of the statement of reasons for non-renewal to request a Donaldson Hearing, which must then be scheduled within 30 days. The employee may be represented by counsel at the hearing and may present witnesses. However, because the Donaldson Hearing is an informal hearing, the witnesses need not be sworn in and the board may not cross-examine any witnesses that appear. While the hearing may be conducted in executive session, the employee also has the right to a public discussion according to Rice v. Union County Reg. H.S. Bd. of Ed. 155 N.J. Super. 64 (App. Div. 1977), unlike tenure certification determinations, which must not take place during a public meeting. After the Donaldson hearing has been conducted, the board then has three days in which to notify the employee of the board’s decision. -NJSBA.ORG
You can read a good summary of the antecedents leading to this meeting by reading an article from the Hoboken Reporter.
A nice article on Paul Ohaus and her program while I was still in the Hoboken School District: CLICK HERE
A local blog, Hoboken 411 has also kept track of the events surrounding the tenure decision on Paula Ohaus and others: CLICK HERE
For those interested in the legal ramifications for denying tenure, take a look at this description by Carl Tanksley, ESQ. from the New Jersey School Board Administrators website.