Kletzkin v. Borough of Spotswood Bd. of Educ.

642 A.2d 993, 136 N.J. 275, 1994 N.J. LEXIS 512
CourtSupreme Court of New Jersey
DecidedJune 29, 1994
StatusPublished
Cited by17 cases

This text of 642 A.2d 993 (Kletzkin v. Borough of Spotswood Bd. of Educ.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kletzkin v. Borough of Spotswood Bd. of Educ., 642 A.2d 993, 136 N.J. 275, 1994 N.J. LEXIS 512 (N.J. 1994).

Opinions

The opinion of the Court was delivered by

[277]*277POLLOCK, J.

The issue is whether respondent, Dorothy Kletzkin, a school psychologist, acquired tenure while on leave because of a work-related injury. The Commissioner of Education (the Commissioner), the New Jersey State Board of Education (the Board), and the Appellate Division, 261 N.J.Super. 549, 619 A.2d 621 (1993), all read the tenure statute, N.J.S.A 18A:28-5, to require a finding that Kletzkin had acquired tenure. We granted the petition for certification of the Spotswood Board of Education (Spotswood), 133 N.J. 443, 627 A.2d 1148 (1993), and now affirm.

-I-

Kletzkin began employment with Spotswood as a learning-disabilities teacher consultant on January 13, 1986. Spotswood reclassified her as a school psychologist on October 22,1986. She served in that capacity for the remainder of the 1986-87 school year and throughout the 1987-88 year. Spotswood rehired Kletzkin for the 1988-89 year. She continued to work as a school psychologist until November 17, 1988, when a work-related injury forced her to take an involuntary leave of absence. Pursuant to N.J.S.A 18A:30-2.1, she continued to receive her full salary. On April 11, 1989, before Kletzkin’s return to service, Spotswood terminated her employment.

The applicable statute, N.J.S.A 18A:28-5(c), provides that teaching-staff members, which include school psychologists, receive tenure “after employment” for the equivalent of more than three academic years within a period of any four academic years. An academic year runs for the ten months between September 1 and June 30 of the school year. See N.J.S.A 18A:1-1 (defining academic year as “the period between the time school opens in any school district or any board of education after the general summer vacation until the next succeeding summer vacation”). Thus, to obtain tenure, Kletzkin would have had to be “employed” for thirty months and one day over four academic years. At the time of her injury, she had served for slightly more than twenty-eight [278]*278months. The parties disagree whether she obtained tenure when the thirtieth month passed in January 1989 while she was disabled.

The Commissioner found in Kletzkin’s favor, using a case-by-case subjective approach. Although the Board affirmed the finding that Kletzkin was entitled to tenure, it reasoned that Kletzkin’s claim turned “solely 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 by the Board in its decision,” 261 N.J.Super. at 552, 619 A.2d 621.

-II-

Tenure is a statutory right that depends on a teacher’s satisfying specific statutory conditions. Spiewak v. Board of Educ., 90 N.J. 63, 72, 447 A.2d 140 (1982); Zimmerman v. Board of Educ., 38 N.J. 65, 72, 183 A.2d 25 (1962), cert. denied, 371 U.S. 956, 83 S.Ct. 508, 9 L.Ed.2d 502 (1963). Because of its remedial purpose, we construe the Act liberally. Spiewak, supra, 90 N.J. at 74, 447 A.2d 140. “Moreover, as the agency ultimately charged with implementation of the school laws, the Board’s statutory interpretation is entitled to considerable weight, where not inconsistent with the statute and in harmony with the statutory purpose.” Kletzkin, supra, 261 N.J.Super. at 553, 619 A.2d 621 (citing Bassett v. Board of Educ., 223 N.J.Super. 136, 142-43, 538 A.2d 395 (App.Div.1988)). Although remaining vigilant to the “proper application of the school laws ...,” Dennery v. Board of Educ., 131 N.J. 626, 643, 622 A.2d 858 (1993), we also recognize that we should not interfere with the Board’s decisions unless those decisions are “palpably arbitrary.” Ibid.

The dispositive statute provides:

The services of all teaching staff members ... shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause ... after employment ... for
[279]*279(c) The equivalent of more than three academic 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 leave, that she obtained tenure while on such leave, and that Spotswood improperly terminated her. We agree. Our analysis begins with the plain language of the statute, which contemplates an ordinary employment relationship. “Since the wording of N.J.S.A 18A28-5 is clear and unambiguous, we will apply it as written in the absence of any evidence of a contrary legislative intent.” Spiewak, supra, 90 N.J. at 74, 447 A.2d 140.

A teacher’s employment begins with the actual performance of service, not the date of hiring. See Zimmerman, supra, 38 N.J. at 73-74, 183 A.2d 25; Carroll v. State Board of Educ., 8 N.J.Misc. 859, 862, 152 A 339 (Sup.Ct.1930). Further, “continuous employment” exists notwithstanding the “mere occasional absence of a teacher by reason of illness or excuse.” Board of Educ. v. Wall, 119 N.J.L. 308, 309-10, 196 A 663 (Sup.Ct.1938). Spotswood hired Kletzkin for the school year spanning September 1, 1988, through June 30, 1989, and she started work under that employment contract. A teacher who performs services under a contract for the year is employed for the purposes of the statute, see Zimmerman, supra, 38 N.J. at 74, 183 A.2d 25, even if he or she takes an involuntary leave. Accordingly, Spotswood maintained the employment relationship with Kletzkin until it terminated her on April 11, 1989, approximately three months after she had become tenured. In sum, the termination occurred after Kletzkin became tenured in January 1989.

Another statute, N.J.S.A 18A-30-2.1, confirms that the Legislature intended that a teacher’s employment would continue during a period of involuntary sick leave. That statute provides:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Darcy J. Kolodziej v. Board of Education of Southern
95 A.3d 763 (New Jersey Superior Court App Division, 2014)
Stephanie Platia v. Board of Education of the Township of Hamilton, Mercer County
84 A.3d 982 (New Jersey Superior Court App Division, 2014)
Judith A. Dinapoli v. Board of Education of the Township Of verona, Essex County
83 A.3d 857 (New Jersey Superior Court App Division, 2014)
DL v. Bd. of Educ. of Princeton
840 A.2d 979 (New Jersey Superior Court App Division, 2004)
In re the Appeal by Progressive Casualty Insurance Co.
704 A.2d 562 (New Jersey Superior Court App Division, 1997)
Casciano v. Board of Review
693 A.2d 531 (New Jersey Superior Court App Division, 1997)
Atlantic City Education Ass'n v. Board of Education
691 A.2d 884 (New Jersey Superior Court App Division, 1997)
Mistrick v. Division of Medical Assistance & Health Services
690 A.2d 651 (New Jersey Superior Court App Division, 1997)
Gilliland v. Board of Review
689 A.2d 781 (New Jersey Superior Court App Division, 1997)
Brook v. April
682 A.2d 744 (New Jersey Superior Court App Division, 1996)
Picogna v. Board of Education of Township of Cherry Hill
671 A.2d 1035 (Supreme Court of New Jersey, 1996)
Breitwieser v. State-Operated Sch. Dist.
670 A.2d 73 (New Jersey Superior Court App Division, 1996)
Kletzkin v. Borough of Spotswood Bd. of Educ.
642 A.2d 993 (Supreme Court of New Jersey, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
642 A.2d 993, 136 N.J. 275, 1994 N.J. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kletzkin-v-borough-of-spotswood-bd-of-educ-nj-1994.