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13 N.J.A.R. 451

Jersey City, Bd. of Ed. of, et al.; Milwit, Elma v
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Citation: 13 N.J.A.R. 451
Decision Date: 1988
Agency: DEPARTMENT OF EDUCATION
Synopsis: Petitioner, a full-time adult basic skills teacher, appealed her termination due to a reduction in force. The matter was transmitted to the Office of Administrative Law for a hearing. At the hearing, petitioner stated that she believed she was not tenured. Accordingly, the administrative law judge issued an initial decision concluding that petitoner's termination was not unlawful. However, upon review of this initial decision, the Commissioner of Education remanded the matter to the Office of Administrative Law for reconsideration of petitioner's tenure status. On remand, the administrative law judge found that petitioner had acquired tenure pursuant to N.J.4.C. 18A:28-5 and the Spiewak decision. The position of adult basic education teacher requires a valid teacher's certificate, which petitioner holds. Petitioner is a teaching staff member as defined by N.J.4.C. 18A:I-I. Furthermore, she has been employed for the requisite number of years to achieve tenure. The judge also concluded that petitioner's tenure rights were violated because teachers with less seniority were retained when she was ter- minated. The judge ordered petitioner reinstated with back pay. The Commissioner of Education adopted this initial decision. The State Board of Education affirmed. On appeal, the Appellate Division affirmed per curiam. (A-5965-87TI, June 8, 1989.) Mary Ann Murphy, Esq., for petitioner (Coyle & VanDorn, attorneys) William C. Gerrity, Esq., for respondents
Rule(s) Cited: 6:44-2.3(b)