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7 N.J.A.R. 111

Klinger, Richard v. Cranbury, Middlesex County, Board of Education of the Township of
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Citation: 7 N.J.A.R. 111
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: The petitioner, a tenured physical education teacher, alleged that respondent had improperly reduced two full-time teaching positions to seven-tenths positions and violated his seniority rights by retaining a non-tenured teacher in the second seven-tenths position. After a request for a hearing was made to the Commissioner of Education, the matter was assigned to an administrative law judge. The administrative law judge found that the Board's action consti- tuted a reduction in force. The judge determined that the Board had violated petitioner's tenure rights when it chose to maintain more than the equivalent of one full-time position in physical education. Accordingly, the judge directed that petitioner be restored to his full- time position. Upon review, the Commissioner of Education accepted the initial decision with the modification that petitioner's restored salary be mitigated by any earnings received in addition to those of the seven- tenths position. Joseph F. DeFino, Esq., for petitioner (Morgan & Falvo, attor- neys). Philip H. Shore, Esq. for respondent (Golden, Shore, Zahn & Richmond, attorneys). Initial Decision
Rule(s) Cited: 6:3-1.10 
Citation Tracker modified-Comm. of Ed.; affirmed-190 N.J. Super. 354 (App. Div. 1982) [Updated through 1991]