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2 N.J.A.R. 294

Hamilton Township Supplemental Teachers Association et al. v. Hamilton, Mercer County, Board of Education of the Township of
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Citation: 2 N.J.A.R. 294
Decision Date: 1979
Synopsis: Petitioners, who have been employed by the Board for varying periods of time as supplemental instructors of educationally handicapped students, claim entitlement to tenure and other benefits, pursuant toN.J.S.A. 18A:28- 5. The Board asserts that petitioners do not serve in positions in which tenure can be acquired and that they have been provided with all salary and benefits to which they are entitled. The administrative law judge determined that supplemental instruction for those in need of such assistance, by reason of demonstrated educational handicaps, is mandated under existing education law in New Jersey. Teachers providing this instruction must possess proper certification and exhibit highly developed skills. Fewer assigned pupils or nonperformance of some general teacher duties do not bar the acquisition of tenure since other tenured employees are similarly situated. The fact that these instructors are paid on an hourly basis is irrelevant, since the tenure statute simply requires 'employment.' Thus, pursuant to N.J.S.A. 18A:28-5(c), petitioners can attain tenure status after working three years plus six weeks and one day in the fourth academic year of their employment. Arnold M. Mellk, Esq., for the Attorneys) Henry F. Gill, Esq., for Respondent Petitioners (Greenberg & Mellk,
Rule(s) Cited: 6:8-2.1 6:28-3.2