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3 N.J.A.R. 163

Union Township Board of Education; Childs, Madeline v
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Citation: 3 N.J.A.R. 163
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: Madeline Childs challenged her transfer from the position of guid- ance counselor to that of classroom teacher on the basis that such a transfer violated her tenure rights. The Board denied that Childs was entitled to tenure as a guidance counselor and contended that she was simply transferred to another teaching assignment properly within the scope of her classification. The administrative law judge found that guidance counseling is much broader in scope than teaching and that an instructional teach- ing certificate alone does not qualify its holder to become a guidance counselor. In addition, the judge found that the Board by treating the evaluation of Childs' performance as a guidance counselor as if she were untenured for a two-year probationary period, tacitly admitted that the position of guidance counselor is a tenure-eligible position. Accordingly, the judge concluded that the transfer of a guidance counselor to a classroom teaching position constitutes a 'demotion' to a job of lesser rank, which cannot be accomplished without either the affected individual's consent, a reduction in force or a tenure hearing. Thus, the administrative law judge ordered that Childs be rein- stated to her guidance counselor position and that the Board compen- sate her for income lost as a result of the transfer. GeraidM. Goldberg, Esq. for Petitioner (Goldberg&Simon, At- torneys) Howard Schwartz, Esq. for Respondent (Simone&Schwarz, At- torneys)
Rule(s) Cited: 6:11-3.1 6:11-12.13 6:28-1.3