Search Rutgers Law Library N.J. Court Opinions

1 LAMMERS V. BD. OF ED. OF PT. PLEASANT -- rank: 1000

... a result of a reduction in force (RIF). Pursuant to N.J.S.A. 18A:28-12, if a teaching staff member is dismissed as a result ... be reemployed if and when a vacancy occurs.     Pursuant to N.J.S.A. 18A:28-12, the Point Pleasant Borough Board of Education (local Board) placed ... Commissioner of Education, claiming that the local Board had violated N.J.S.A. 18A:28-12 when it did not rehire her. In its defense, the ... temporary vacancy," that constituted a vacancy within the meaning of N.J.S.A. 18A:28-12.     The Supreme Court granted the State Board's petition for ... does not create a vacancy or a temporary vacancy under N.J.S.A. 18A:28-12. 1.    The plain intent of the Legislature was that a ... leave had not created a vacancy within the meaning of N.J.S.A. 18A:28-12. After reviewing cross motions for summary decisions, an Administrative ...

docket:	a-17-93
court:	njsupreme
decided:	1993-12-08
status:
citation:	134 N.J. 264
Document Size:	32049

2 EDWARD CARPENITO V. BD OF EDUCATION OF THE BORO. OF RUMSON, MONMOUTH COUNTY -- rank: 955

... a reduction in force did not take place, and therefore, N.J.S.A. 18A:28-12, the seniority regulations, were not implicated. Instead, the Commissioner found ... and before a preferred eligibility list is created pursuant to N.J.S.A. 18A:28-12. Because the number of teaching staff members employed by the ... in the district has not been reduced.     In addition, although N.J.S.A 18A:28-12 speaks in terms of a "dismissal" and "reemployment," this provision ... must be read within the context of the authority of N.J.S.A. 18A:28-12. In so doing, the triggering event for preference based on ...

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

3 CHRISTINA SILVIERA-FRANCISCO v. BOARD OF EDUCATION OF THE CITY OF ELIZABETH -- rank: 932

... teacher was placed on a preferred reemployment list pursuant to N.J.S.A. 18A:28-12. Ibid. In 1991, two years after she was laid off ... endorsement for elementary education entitled her to preference pursuant to N.J.S.A. 18A:28-12 . . . ." Id. at 356. In response to the teacher's appeal ... position. Id. at 357. The State Board of Education construed " N.J.S.A. 18A:28-12 to accord preferred reemployment rights based upon the scope of ... In affirming the State Board of Education's construction of N.J.S.A. 18A:28-12, we acknowledged a contrary interpretation of the statue was possible ...

docket:	a4418-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-07
status:	unpublished
citation:
Document Size:	17689

4 ELLEN FRANCEY V. BD OF EDUCATION OF CITY OF SALEM -- rank: 913

... in a reduction in force (RIF) in 1989. Pursuant to N.J.S.A. 18A:28-12, she was placed on a preferred reemployment list. In April ... endorsement for elementary education entitled her to preference pursuant to N.J.S.A. 18A:28-12, the local board of education hired, instead, nontenured teachers to ... 78 N.J. Super. 90 , 99-100 (App. Div. 1963).      N.J.S.A. 18A:28-12 provides in pertinent part:             If any teaching staff member shall ... deems one "qualified" for a vacancy within the context of N.J.S.A. 18A:28-12. See Mirandi v. Board of Educ. of West Orange , 1 ... 2 Sutherland , Statutory Construction , at 763 (5th ed. 1992)]. Moreover, N.J.S.A. 18A:28-12 is a reemployment statute. It looks to the reestablishment of ... Acting Commissioner's and the State Board's denial of N.J.S.A. 18A:28-12 reemployment rights based on such after acquired endorsements is ...

docket:	a625-94
court:	njappellate
decided:	1996-01-09
status:	published
citation:	286 N.J.Super. 354
Document Size:	18577

5 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 902

... when a vacancy occurs, if still qualified for the position. N.J.S.A. 18A:28-12. A similar provision exists for PFRS. N.J.S.A ...

docket:	a2171-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-07
status:	published
citation:	454 N.J.Super. 386 185 A.3d 928
Document Size:	145520

6 H.G. v. KIMBERLY HARRINGTON -- rank: 816

... teachers, or when re-staffing following a RIF, pursuant to N.J.S.A. 18A:28-12. Plaintiffs alleged that '[t]his policy has required, and will ...

docket:	a4546-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-27
status:	unpublished
citation:
Document Size:	40429

7 IN THE MATTER OF MILITARY SERVICE CREDIT FOR STATE TEACHERS, DEPARTMENT OF CORRECTIONS, DEPARTMENT OF HUMAN SERVICES AND JUVENILE JUSTICE COMMISSION -- rank: 808

... the reemployment rights of laid off tenured teachers, specifically amended N.J.S.A. 18A:28-12. The Commissioner of Education found that this differential legislative treatment ...

docket:	a4343-03
court:	NJ Superior Court Appellate Division
decided:	2005-06-14
status:	published
citation:
Document Size:	35211

8 SONJA MCKENNA v. BOARD OF EDUCATION OF THE ANDOVER REGIONAL HIGH SCHOOL DISTRICT -- rank: 610

... should their positions be reestablished at a future date. See N.J.S.A. 18A:28-12 (requiring that tenured staff dismissed on account of a reduction ...

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

9 CHRISTOPHER CONCATO v. BOARD OF EDUCATION OF THE RIVER DELL REGIONAL HIGH SCHOOL DISTRICT, BERGEN COUNTY - -- rank: 535

... an appropriate certificate for . . . [the] position. . . .' In a similar vein, N.J.S.A. 18A:28-12 provides: If any teaching staff member shall be dismissed as ...

docket:	a3066-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-14
status:
citation:
Document Size:	16505