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13 N.J.A.R. 438

Passaic County Regional High School, Bd. of Ed. of; DeGroot, William J. v
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Citation: 13 N.J.A.R. 438
Decision Date: 1989
Agency: DEPARTMENT OF EDUCATION
Synopsis: Petitioner, a tenured teacher, claimed he was entitled to be paid his salary as assistant football coach even though he was absent from his coaching duties during most of the football season because of illness. The matter was transmitted to the Office of Administrative Law for a hearing. Petitioner received full payment of his teacher's salary during his illness, but respondent did not pay petitioner the $2,300 stipend for coaching. Petitioner claimed his right to receive full pay during sick leave should have extended to his compensation as a coach. Respon- dent argued that the position of coach is separate from the position of teacher and does not accrue statutory sick leave under N.J.,4.C. 18A:30-2. The administrative law judge assigned to the case concluded that sick leave did not accrue because petitioner was not 'steadily em- ployed' in the position of football coach. Under N.J.S.,4. 18A:30-2, only persons who are steadily employed or protected by tenure accrue sick leave with full pay. The position of football coach is an extracur- ricular assignment and compensation for that position is a separate stipend paid for services rendered. The judge dismissed petitioner's claim. Upon review, this initial decision was adopted by the Com- missioner of Education. The State Board of Education affirmed. Louis P. Bucceri, Esq., for petitioner (Bucceri and Pincus, attorneys) Steven J. Veltri, Esq., for respondent State of New Jersey 439 O. Lisa Dabreu, Esq., for participant, New Jersey School Boards Association, as amicus curiae, pursuant to N.J.A.C. 1:1-16.6