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16 KLETZKIN V. BOARD OF EDUCATION OF THE BOROUGH OF SPOTSWOOD, MIDDLESEX COUNTY -- rank: 699

... N.J. Super. 549 (1993), all read the tenure statute, N.J.S.A. 18A:28-5, to require a finding that Kletzkin had acquired tenure. We ... on analysis of whether she satisfied the specific requirements of N.J.S.A. 18A:28-5." The Appellate Division affirmed, "substantially for the reasons set forth ... years within a period of any four consecutive academic years. [ N.J.S.A. 18A:28-5 (emphasis added).]     Kletzkin maintains that "employment" includes periods of sick ... which contemplates an ordinary employment relationship. "Since the wording of N.J.S.A. 18A:28-5 is clear and unambiguous, we will apply it as written ... turns on the meaning of "employment" in a tenure statute, N.J.S.A. 18A:28-5. That enactment provides that a teaching-staff member "serving in ... In recognition of the relative permanency accorded by tenure status, N.J.S.A. 18A:28-5 grants tenure to a teacher only after affording school ...

docket:	a-32-93
court:	njsupreme
decided:	1994-06-29
status:
citation:	136 N.J. 275
Document Size:	43780

17 BERYL ZIMMERMAN v. SUSSEX COUNTY EDUCATIONAL SERVICES COMMISSION -- rank: 696

... issues, whether the reduction in hours reduced petitioners' compensation under N.J.S.A. 18A:28-5 and whether the reduction in hours triggered petitioners' seniority rights ... to tenure so long as they satisfy the requirements of N.J.S.A. 18A:28-5.3 Thus, part-time teachers like petitioners are entitled to tenure 3 N.J.S.A. 18A:28-5(a) pertains to all teaching staff members employed prior to ... act shall take effect in the 2012-2013 school year . . . . N.J.S.A. 18A:28-5(b) pertains to all teaching staff members employed on or ... a statute.' Id. at 76. '[T]he tenure provisions of N.J.S.A. 18A:28-5 constitute a mandatory contractual term that may not be waived ... alter the prohibition against a reduction in compensation contained in N.J.S.A. 18A:28-5. Contrary to the SCESC's contention, the absence of ...

docket:	a1003-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-13
status:	published
citation:	453 N.J.Super. 464 182 A.3d 950
Document Size:	69295

18 NEW JERSEY ASSOCIATION OF SCHOOL BUSINESS OFFICIALS v. LUCILLE E. DAVY -- rank: 674

... that school district business administrators may acquire tenure pursuant to N.J.S.A. 18A:28-5 and are protected by N.J.S.A. 18A:6 ...

docket:	a6074-07
court:	superior court appellate division
decided:	2009-09-02
status:	Published
citation:	409 N.J. Super. 467 978 A.2d 295
Document Size:	100336

19 BRIDGEWATER-RARITAN EDUCATION ASSOCIATION on behalf of TAMARA MANZUR, CAROL O'NEIL AND MAGGIE CASSIDY - v. BOARD OF EDUCATION OF THE BRIDGEWATER-RARITAN SCHOOL DISTRICT SOMERSET COUNTY - -- rank: 671

... set forth the statutes governing tenure. At the relevant time, N.J.S.A. 18A:28-5 provided in pertinent part that a person employed in the ... years within a period of any four consecutive academic years. [ N.J.S.A. 18A:28-5 (1999).] 1 Replacement or substitute teachers are governed by a ... courts should not "create exceptions to the clear language of N.J.S.A. 18A:28-5 based on policy considerations." See Spiewak v. Bd. of Educ ... could acquire tenure." Picogna , supra , 143 N.J. at 401. N.J.S.A. 18A:28-5(a) requires service as a regular teacher for three calendar ... but that amendment has no effect on this litigation. See N.J.S.A. 18A:28-5(a), (b) (2012); L. 2012, c. 26, § 28. 2 ... board to shorten the three-academic-year requirement defined in N.J.S.A. 18A:28-5(b). This archive is a service of Rutgers School ...

docket:	a1868-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-09
status:	Published
citation:
Document Size:	42029

20 JOHN CAUCINO v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND -- rank: 651

... 9 The Legislature did not define 'conduct unbecoming a teacher.' N.J.S.A. 18A:28-5(a), however, uses language identical to Section 36 and specifically ... tenure charges against Caucino, and the Board did not cite N.J.S.A. 18A:28-5 in its final determination as a basis to deny Caucino ... a teacher' is part of a unitary expression, conjoined with N.J.S.A. 18A:28-5 or the other statutes enumerated by the Legislature in Section ... phrase — 'conduct unbecoming a teacher'—to stand alone. N.J.S.A. 18A:28-5 applies only to tenured teachers. Nothing in the record indicates ... indicate he did not acquire tenure under the provisions of N.J.S.A. 18A:28-5(a). A-1733-21 11 these instances, the unbecoming conduct ...

docket:	a1733-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Published
citation:
Document Size:	35774

21 PETER J. KOWALSKY v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK -- rank: 651

... years within a period of any four consecutive academic years. N.J.S.A. 18A:28-5(b) and (c). The ALJ found petitioner’s situation to ... to satisfy the precise criteria for obtaining tenure pursuant to N.J.S.A. 18A:28-5(c)." The Commissioner reasoned: The circumstances in this case are ... 294 , 301-02 (2011). As applicable here, the Tenure Act, N.J.S.A. 18A:28-5(a), 1 provides: The services of all teaching staff members ... in 2012 depends on whether he fulfilled the requirements of N.J.S.A. 18A:28-5(a)(2) or (3). Resolution of this issue in turn ... leave. Id. at 554. Maternity leave constituted continued employment under N.J.S.A. 18A:28-5(a), entitling petitioner to tenure protection and status under the ... In Force plan. Ibid. In Kolodziej , we held that " interpreting [ N.J.S.A. 18A:28-5(a)] to allow tenure in this case fits within ...

docket:	a0261-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-08
status:	unpublished
citation:
Document Size:	28443

22 JAMES LONG and HOMER WALKER v. NEW JERSEY TURNPIKE AUTHORITY - -- rank: 639

... held that the plain language of a curative amendment to N.J.S.A. 18A:28-5 demonstrated that the Legislature intended it to apply retroactively as ...

docket:	a1557-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-04
status:	Unpublished
citation:
Document Size:	76659

23 DARCY J. KOLODZIEJ v. BOARD OF EDUCATION OF SOUTHERN REGIONAL HIGH SCHOOL DISTRICT -- rank: 624

... evaluated as required for the granting of tenure status under N.J.S.A. 18A:28-5(b). However, as of the end of the 2006-2007 ... COMMISSIONER BECAUSE IT IS INCONSISTENT WITH, AND/OR IMPROPERLY APPLIES[,] N.J.S.A. 18A:28-5 AND RELEVANT CASE LAW. II. ASSUMING TH[E] COURT REVERSES ... N.J. 294 , 300 (2011). Relevant here, the Tenure Act, N.J.S.A. 18A:28-5(a) provides: The services of all teaching staff members employed ... point as to whether maternity leave constitutes continued employment under N.J.S.A. 18A:28-5(a). Nevertheless, our courts have considered the effect that other ...

docket:	a4826-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	published
citation:	436 N.J.Super. 546 95 A.3d 763
Document Size:	28991

24 JUDITH A. DINAPOLI v. BOARD OF EDUCATION OF THE TOWNSHIP OF VERONA ESSEX COUNTY -- rank: 614

... the provisions found in other tenure retention provisions. For example, N.J.S.A. 18A:28-5 provides, in relevant part: [t]he services of all teaching ...

docket:	a5649-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-22
status:	published
citation:	434 N.J.Super. 233 83 A.3d 857
Document Size:	58073

25 SONJA MCKENNA v. BOARD OF EDUCATION OF THE ANDOVER REGIONAL HIGH SCHOOL DISTRICT -- rank: 609

... the in-house CST violated their tenure rights conferred in N.J.S.A. 18A:28-5. Among other things, they contended that the Board's decision ...

docket:	a3117-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	unpublished
citation:
Document Size:	30465

26 DORIT SNOW v. BOARD OF EDUCATION OF THE TOWNSHIP OF BRICK OCEAN COUNTY -- rank: 601

... a full-time basis beginning in September 2007. Pursuant to N.J.S.A. 18A:28-5, petitioner possessed an occupational therapist license, issued through the State ... unbecoming such a teaching staff member or other just cause[.] [ N.J.S.A. 18A:28-5(a) (emphasis added).] 1 '[T]he word 'position' includes any ...

docket:	a1347-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	19798

27 DANELE STILL v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF CAMDEN, CAMDEN COUNTY -- rank: 598

... In her written decision, the ALJ concluded that pursuant to N.J.S.A. 18A:28-5, Still accrued tenure as a technology coordinator because she 'worked ... issued by the board of examiners . . . shall be under tenure.' N.J.S.A. 18A:28-5(a) (emphasis added). Because it was undisputed that Still held ...

docket:	a3002-16
court:	NJ Superior Court Appellate Division
decided:	2018-07-05
status:	unpublished
citation:
Document Size:	38228

28 DEBORAH PERRI - v. BOARD OF EDUCATION OF THE TOWNSHIP OF BELLEVILLE, ESSEX COUNTY -- rank: 591

... Jersey City, 286 N.J. Super. 633, 637 (App. Div. N.J.S.A. 18A:28-5, which establishes the requirements 1996). for tenure, provides in pertinent ... the holder of an appropriate certificate for such position. 2 N.J.S.A. 18A:28- 5; see also N.J.S.A. 18A:28-4 ('[n ... shall not extend to any other administrative or supervisory position. . . . [N.J.S.A. 18A:28-5.] See also Elliott v. Franklin Twp. Bd. of Educ., supra ... The title 'Director' is not among the positions enumerated in N.J.S.A. 18A:28-5, and therefore, the assignment of 'Director' is not a separately ...

docket:	a1111-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-07
status:	unpublished
citation:
Document Size:	26499

29 MICHEL SALAZAR-LINDEN v. BOARD OF EDUCATION OF THE TOWNSHIP OF HOLMDEL -- rank: 581

... the Commissioner alleging that she had accrued tenure pursuant to N.J.S.A. 18A:28-5 by completing the equivalent of three academic years during a ... for purposes of determining completion of an 'academic year' under N.J.S.A. 18A:28-5(c)." In relying on these extra days of work, appellant ... for tenure unless they come within the explicit exceptions in N.J.S.A. 18A:28-5." Spiewak , supra , 90 N.J. at 81. Additionally, the Court ... notwithstanding the assertion of his statutory right to tenure under N.J.S.A. 18A:28-5." Id . at 633. Appellant's argument that the 90-day ... the Commissioner in her decision of March 3, 2008. Affirmed. N.J.S.A. 18A:28-5 provides: The services of all teaching staff members employed in ...

docket:	a6088-07
court:	superior court appellate division
decided:	2009-10-28
status:	Unpublished
citation:
Document Size:	52474

30 EDWARD CARPENITO V. BD OF EDUCATION OF THE BORO. OF RUMSON, MONMOUTH COUNTY -- rank: 566

... conjunction with the section providing employment security to tenured teachers, N.J.S.A. 18A:28-5, which prohibits the dismissal or reduction in compensation of tenured ...

docket:	a3731-97
court:	njappellate
decided:	1999-06-29
status:	published
citation:	<a href=
Document Size:	28835