A Capehart Scatchard Blog

Tag: tenure

N.J. Supreme Court Holds Teacher Maintains Tenure Because She Did Not Knowingly Waive That Right

By: Eric M. Richwine, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. On June 12, 2023, the New Jersey Supreme Court in Parsells v. Board of Education of the Borough of Somerville held that a New Jersey teacher did not knowingly waive her tenured right to a full-time teaching position under the Tenure Act when she voluntarily moved to a part-time position, unaware that she had no right to return to her full-time role.    Catherine Parsells, a full-time, tenured teacher employed by the Somerville Board of Education (“Board”), requested a transfer from full-time teaching to an available in-district, part-time teaching position […]

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Boards of Education Prohibited from Discussing Tenure Charges During Public Session

On January 21, 2021, the New Jersey Appellate Division issued a published decision in Simadiris v. Paterson Public School District in which it decided whether a board of education’s decision to certify tenure charges against an employee during private session violated that employee’s right to request such consideration in public. In short, the Appellate Division agreed with the school district and ruled that a board of education was prohibited from discussing the tenure charges during public session. Tenure charges were brought against an employee of the Paterson Board of Education (“Board”). The employee’s attorney received notice two days before a […]

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N.J. Supreme Court Reverses; Refuses to Allow “Tyranny of Labels” to Compromise Analysis in Tenure Case

Last week, the New Jersey Supreme Court decided a teacher tenure case which it warned served as a cautionary tale that “demonstrates the ability of labels to cloud an analysis.”  Melnyk v. Bd. of Educ. of Delsea Reg’l High Sch. Dist., 241 N.J. 31 (2020).  The Delsea Regional School District (“District”) had employed the petitioner, Paula Melnyk, as a tenured special education teacher since 1991.  In 2002, the district began also employing Melnyk to work evenings as a teacher in its after-hours alternative program, in addition to her position as a special education teacher during the regular school day.  Melnyk […]

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Appellate Division Rules Teacher Not Entitled to Tenure in Extracurricular Assignment

*Please note that on January 20, 2020, the New Jersey Supreme Court reversed the Appellate Division in this matter. You can find our blog article on the Supreme Court’s decision here.* On December 17, 2018, the New Jersey Appellate Division in Melnyk v. Board of Education of the Delsea Regional High School District upheld the Commissioner of Education’s decision that a teacher who already has attained tenure based upon his or her years of service in a particular position cannot also acquire separate tenure in an extracurricular assignment if the teacher is not required to possess a different certificate other […]

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Commissioner of Education Rules Bedside Tutor Position Not Eligible for Tenure Accrual

On November 9, 2018, the New Jersey Commissioner of Education (“Commissioner”) concurred with an Administrative Law Judge’s finding in Mirda v. Board of Education of the Union County Educational Services Commission that the position of Bedside Tutor fell within the substitute teacher exception and is not eligible for tenure accrual. The Union County Educational Services Commission Board of Education (“Commission”) provides various services to school districts in Union County, including one-to-one bedside instruction at hospitals to students enrolled in Union County schools. Bedside Tutors are paid at an hourly rate, do not receive benefits or paid holidays, and are not guaranteed a […]

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Appellate Division Addresses Rights of Part-Time Teachers Under Tenure Act

Editor: Sanmathi (Sanu) Dev, Esq. Educational service commissions sometimes employ part-time teachers to work in public and non-public schools. The Sussex County Educational Services Commission (“Commission”) reduced the number of hours worked by part-time teachers but did not alter the hourly rate of pay. In Zimmerman et al. v. Sussex County Educational Services Commission two teachers challenged the action arguing that their tenure and seniority rights were violated. The Commissioner of Education (“Commissioner”) sided with the Commission by determining that the decrease in work hours did not reduce the teachers’ compensation or trigger their seniority rights under the New Jersey Tenure […]

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A Reminder from the Appellate Division on RIFs and Tenured Employees

On August 17, 2017, the New Jersey Appellate Division issued an unpublished opinion in which it upheld the Atlantic City Board of Education’s (“Board”) decision to change the employment of two supervisors from twelve-month positions to ten-month positions due to a reduction in force (“RIF”). This case highlights an important interplay between RIFs and tenure rights of public school employees. The Board employed Lourdes Vidal-Turner and C. Dedra Williams (“Petitioners”) as teachers for numerous years. The Board then promoted each of them to a twelve-month supervisory position in which they later acquired tenured. The State Appointed Fiscal Monitor for the […]

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N.J. Supreme Court Rules Arbitrator Exceeded Authority in Tenure Case

On February 21, 2017, the New Jersey Supreme Court in Bound Brook Board of Education v. Glenn Ciripompa invalided an arbitrator’s award in a tenure removal case after determining that the arbitrator exceeded his authority when he failed to determine whether a teacher’s actions rose to the level of conduct unbecoming. The arbitrator improperly applied the standard for hostile work environment instead of conduct unbecoming. Bound Brook Board of Education (“Board”) filed tenure charges against Glenn Ciripompa, a tenured high school math teacher, after an investigation revealed that he was using school district-issued laptops, iPads, and networks to transmit nude […]

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