Search Rutgers Law Library N.J. Court Opinions

1 Bridgewater-Raritan Education Association v. Board of Education of the Bridgewater-Raritan School District -- rank: 1000

... establishes the general rule by which teachers obtain tenure, and N.J.S.A. 18A:16-1.1, which creates an exception to that general rule. Tamara ... to notify teachers of their status as replacement teachers under N.J.S.A. 18A:16-1.1. The Commissioner affirmed the ALJ’s decision. The Association ... Division, in an unpublished decision, affirmed. The panel noted that N.J.S.A. 18A:16-1.1 did not expressly require that a teacher be given ... s petition for certification. 217 N.J. 304 (2014). HELD: N.J.S.A. 18A:16-1.1 requires a board of education to give an employee ... that employee’s absence, disability, or disqualification. In such cases, N.J.S.A. 18A:16-1.1 provides that “no person so acting shall acquire ... can be designated as a replacement teacher. In order for N.J.S.A. 18A:16-1.1 to apply, two criteria must be met: (1) ...

docket:	A-85-13
court:	NJ Supreme Court
decided:	2015-05-06
status:
citation:	221 N.J. 349 113 A.3d 764
Document Size:	74114

2 NEW JERSEY ASSOCIATION OF SCHOOL BUSINESS OFFICIALS v. LUCILLE E. DAVY -- rank: 882

... of education who would fall within the definition. Pursuant to N.J.S.A. 18A:16-1, "[e]ach board of education" has the authority, subject to ...

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

3 Paula Melnyk v. Board of Education of the Delsea Regional High School District -- rank: 880

... S.A. 18A:28-5 or related statutes such as N.J.S.A. 18A:16-1.1.” Id. at 81. The Court commented that [t ...

docket:	a-77-18
court:	NJ Supreme Court
decided:	2020-01-30
status:
citation:
Document Size:	54543

4 STEPHANIE PLATIA v. BOARD OF EDUCATION OF THE TOWNSHIP OF HAMILTON -- rank: 872

... application of the "temporary" employee exception to the Tenure Act, N.J.S.A. 18A:16-1.1. We conclude the exception does not apply and that ... a permanent vacancy." The Commissioner noted further that, pursuant to N.J.S.A. 18A:16-1.1, the Board was "authorized to designate a person" who ... of the Tenure Act and the exception for temporary employees, N.J.S.A. 18A:16-1.1. Such interpretation "is primarily the role of the judiciary ... S.A. 18A:28-5 or related statutes such as N.J.S.A. 18A:16-1.1." Id. at 72, 81. Because a "legislative source for ... as a "Long Term Substitute" fell within the exception in N.J.S.A. 18A:16-1.1. If, however, Platia's year as a "Long Term ... as a "Long Term Substitute" fell within the exception in N.J.S.A. 18A:16-1.1, which provides, in pertinent part: In each district ...

docket:	a1730-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-29
status:	published
citation:	434 N.J.Super. 382 84 A.3d 982
Document Size:	33385

5 Camden Board of Education v. Nelson Alexander et als. -- rank: 849

... reinstatement of these employees. The Board argues that two statutes, N.J.S.A. 18A:16-1 and N.J.S.A. 18A:27-4.1, preclude ... bargaining agreement would subvert the purposes of arbitration"). Neither does N.J.S.A. 18A:16-1 preempt negotiating disciplinary non-renewals or arbitration awards restoring employees ... 30. Like N.J.S.A. 18A:27-4.1, N.J.S.A. 18A:16-1 does not preclude the Board from affording employees greater job ...

docket:	a-35-02
court:
decided:	2004-08-12
status:
citation:
Document Size:	265870

6 KENNETH WELSH v. WARREN COUNTY SPECIAL SERVICES SCHOOL DISTRICT -- rank: 768

... holding any office, position or employment under [its] jurisdiction,' as N.J.S.A. 18A:16- 1 A county special services school district is established to provide ...

docket:	a2425-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-19
status:	Unpublished
citation:
Document Size:	34565

7 Catherine Parsells v. Board of Education of the Borough of Somerville -- rank: 753

... term “designate” in a statute not at issue here -- N.J.S.A. 18A:16-1.1 -- to impose an obligation that school boards make applicable ... Bridgewater-Raritan is a different case. The Court there analyzed N.J.S.A. 18A:16-1.1 (permitting school boards 18 to “designate” temporary employees ... of time. The Court interpreted the term “designate” in N.J.S.A. 18A:16-1.1 to impose an obligation that school boards make applicable ... school board’s contention that notice obligations were inappropriate under N.J.S.A. 18A:16-1.1 because, in contrast to its approach to notice in ... that the Legislature intended to forgo any notice obligation under N.J.S.A. 18A:16-1.1.” Ibid. But the Court imposed a notice obligation ... under N.J.S.A. 18A:27-11). 19 in N.J.S.A. 18A:16-1.1 of the Tenure Act, holding that the plain ...

docket:	a-21-22
court:	NJ Superior Court Appellate Division
decided:	2023-06-12
status:
citation:
Document Size:	46093

8 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: 742

... absence, disability or disqualification of any such officer or employee." N.J.S.A. 18A:16-1.1. However, the statute provides that "no person so acting ... pursuant to this section when so acting." Ibid. Thus, "under N.J.S.A. 18A:16-1.1, substitute teachers do not earn credits toward tenure." Donvito ... is contemplated," and who thus cannot earn tenure credit under N.J.S.A. 18A:16-1.1. Id. at 427-28. We reaffirmed that "a long ... claim, we must again consider the statutory nature of tenure. N.J.S.A. 18A:16-1.1 specifically forbids tenure credit for teachers serving as replacements ...

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

9 BERYL ZIMMERMAN v. SUSSEX COUNTY EDUCATIONAL SERVICES COMMISSION -- rank: 727

... Substitute teachers are ineligible for tenure under the Tenure Act, N.J.S.A. 18A:16-1.1, but the parties agree that petitioners are not substitute ...

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

10 EILEEN KELLY v. BOARD OF EDUCATION MIDDLESEX COUNTY VOCATIONAL TECHNICAL SCHOOL DISTRICT -- rank: 715

... in LPN under her K-12 substitute credential based on N.J.S.A. 18A:16-1.1 and its interpretation in Benson v. Rockaway Bd. of ... s reliance on Benson is further misplaced. According to Benson , N.J.S.A. 18A:16-1.1 "acts as a limitation on the accrual of seniority. However, seniority is proper where N.J.S.A. 18A:16-1.1 is not applicable; that is, where�a given teacher ... not to fill a vacancy. Ibid. Furthermore, Sayreville holds that N.J.S.A. 18A:16-1.1 applies to substitute teachers and that teachers employed under ...

docket:	a5190-06
court:	njappellate
decided:	2008-03-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	58614

11 Mount Holly Township Board of Education v. Mount Holly Township Education Association -- rank: 702

... or she is terminated under an individual employment agreement. See N.J.S.A. 18A:16-1.3. In the case of a for-cause dismissal, the ...

docket:	a-24-08
court:
decided:	2009-06-24
status:
citation:
Document Size:	124551

12 GAIL MIRDA v. BOARD OF EDUCATION OF THE UNION COUNTY EDUCATIONAL SERVICES COMMISSION -- rank: 692

... a substitute teacher and therefore the exception to tenure under N.J.S.A. 18A:16- 1.1 was inapplicable. The standard for granting a motion for ... and thus fell under the statutory exception set forth in N.J.S.A. 18A:16-1.1. That statute provides: [i]n each district the board ... which he acts pursuant to this section when so acting. [N.J.S.A. 18A:16-1.1.] We agree that Mirda did not acquire tenure rights ... 387 N.J. Super. 216, 222-23 (App. Div. 2006). N.J.S.A. 18A:16-1.1 applied to Mirda's employment as a Tutor because ...

docket:	a1477-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-16
status:	Unpublished
citation:
Document Size:	14016

13 Vincent Piscitelli v. City of Garfield Zoning Board of Adjustment -- rank: 636

... compensation and the length of their terms of employment.” N.J.S.A. 18A:16-1. It also has the authority to “[p]erform all ...

docket:	a-68-17
court:	NJ Supreme Court
decided:	2019-03-27
status:
citation:	237 N.J. 333 205 A.3d 183
Document Size:	87093

14 EDWARD JACKUS v. CITY OF ELIZABETH BOARD OF EDUCATION -- rank: 628

... 1. Setting teaching staff salaries is also statutorily governed by N.J.S.A. 18A:16-1, which allows the school boards to "fix and alter" the ...

docket:	a0993-10
court:	NJ Superior Court Appellate Division
decided:	2011-03-09
status:	unpublished
citation:
Document Size:	52346

15 KATHLEEN DONVITO v. BOARD OF EDUCATION NORTHERN VALLEY REGIONAL HIGH SCHOOL DISTRICT -- rank: 610

... consecutive academic years, contends she is entitled to tenure under N.J.S.A. 18A:16-1.1, which provides: In each district the board of education ... which he acts pursuant to this section when so acting. [ N.J.S.A. 18A:16-1.1.] Northern Valley contends that Ms. Donvito was acting "in ... in this regard. Id. at 427. We recognized that under N.J.S.A. 18A:16-1.1, substitute teachers do not earn credits toward tenure. Ibid ...

docket:	a5867-04
court:	njappellate
decided:	2006-08-09
status:	published
citation:	*CITE_PENDING*
Document Size:	51510