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2 N.J.A.R. 327

Fair Lawn, Bergen County, Board of Education of the Borough of; Adell, Richard v
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Citation: 2 N.J.A.R. 327
Decision Date: 1980
Agency: DEPARTMENT OF EDUCATION
Synopsis: Petitioner, a tenured teaching staff member on extended sick leave, alleged that the Board of Education acted arbitrarily when it terminated his extended sick leave and employment at midyear after he informed the Board of his intention to resign at the end of the school year. The administrative law judge found that a local board may, in its discretion, grant extended sick leave benefits beyond the allowed annual and accumulated sick leave; however, no vested rights result from such discretionary action. Since the Board has the discretionary authority to rescind any action taken at an earlier meeting where no vested rights accrue, rescinding such benefits was not arbitrary. Theodore Simon, Esq., for the Petitioner Reginald F. Hopkinson, Esq., for the Respondent
Rule(s) Cited: 6:24-1.16 6:24-1.17