Commissioner of Education

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Bond Issue
Although no statute specifically authorizes the Commissioner of Education to approve a bond issue, the Commissioner is not without power to do so; broad powers conferred on the Commissioner by the Legislature and the duty of the Commissioner to provide for a thorough and efficient education justify a Commissioner's order to authorize the issuance of school district bonds. Decision: 2 N.J.A.R. 001
Cause of Action
A cause of action arises on the day on which the right to institute and maintain that action first arose. Decision: 5 N.J.A.R. 175
Jurisdiction
Although laid-off attendance counsellors had been employed by Newark Board of Education, they were classified Civil Service employees and their employment rights were governed by Civil Service laws; thus, the Commissioner of Education cannot affect their rights of lay-off or re-employment. Decision: 2 N.J.A.R. 346
Jurisdiction for the resolutions of a dispute over retirement benefits resulting from the level of compensation during employment is with the Board of Trustees of the Teachers' Pension and Annuity Fund and not the Commissioner of Education. Decision: 2 N.J.A.R. 350
While original jurisdiction over scope of negotiations questions is with PERC, jurisdiction is not exclusive if the expertise of another state agency is required for resolution of the major issue raised; where, the major issue is whether a negotiated date meets the requirements of an annual teachers evaluation program the expertise of the Commissioner Of Education is required and he has jurisdiction. Decision: 1 N.J.A.R. 327
Commissioner of Education has no statutory or other authority for granting counsel fees, either as damages or as a fee for litigating a claim. Decision: 1 N.J.A.R. 162
In claim for payment of sick leave benefits under Chapter 18A, where petitioner also seeks benefits under the Workers' Compensation Act, the Com- missioner of Education should defer to the Division of Workers' Compensation on the issue of causal connection between employment and injury. Decision: 11 N.J.A.R. 520
Powers
Although no statute specifically authorizes the Commissioner of Education to approve a bond issue, the Commissioner is not without power to do so; broad powers conferred on the Commissioner by the Legislature and the duty of the Commissioner to provide for a thorough and efficient education justify a Commissioner's order to authorize the issuance of school district bonds. Decision: 2 N.J.A.R. 001
In case involving female student's right to try out for boys' football team, Commissioner of Education declined to award counsel fees under Law Against Discrimination. Decision: 12 N.J.A.R. 232
Scope of Negotiations
While original jurisdiction over scope of negotiations questions is with PERC, the Commissioner of Education has jurisdiction to determine whether a negotiated date meets the requirements of an annual teachers evaluation program. Decision: 1 N.J.A.R. 327
Takeover of District
State takeover of Jersey City schools was ordered upon finding that the Jersey City Board of Education was not providing a thorough and efficient education as required by law and that the district was unable to takethe necessary corrective measures on its own. Decision: 13 N.J.A.R. 001
Withdrawing District
Conditions agreed to by a withdrawing school district and approved by the Board of Education may not later be challenged in a proceeding before the Commissioner of Education. Decision: 7 N.J.A.R. 057