AR Handbook – 73 findings of facts upon which the determination is based, which shall be filed in the office of the commissioner and a copy of the decision shall be served upon the parties to the dispute, pursuant to rules made by the state board, and any such decision shall be binding unless and until reversed upon appeal. 18A:28-8 Notice of Intention to Resign Required Any teaching staff member, under tenure of service, desiring to relinquish his position shall give the employing board of education at least 60 days written notice of his intention, unless the board shall approve a release on shorter notice and if he fails to give such notice, he shall be deemed guilty of unprofessional conduct, and the Commissioner may suspend his certificate for not more than one year. 18A:28-9 Reduction of Force; Power to Reduce and Reasons for Reduction Nothing in this title or any other law relating to tenure of service shall be held to limit the right of any board of education to reduce the number of teaching staff members, employed in the district whenever, in the judgment of the board, it is advisable to abolish any such positions for reasons of economy or because of reduction in the number of pupils or of change in the administrative or supervisory organization of the district or for other good cause upon compliance with the provisions of this article. 18A:28-10 Reasons for Dismissals of Persons Under Tenure on Account of Reduction Dismissals resulting from any such reduction shall not be made by reason of residence, age, sex, marriage, race, religion, or political affiliation but shall be made on the basis of seniority according to standards established by the commissioner with the approval of the state board. 18A:28-11 Seniority; Board to Determine; Notice and Advisory Opinion In the case of any such reduction, the board of education shall determine the seniority of the persons affected according to such standards and shall notify each such person as to his seniority status, and the board may request the commissioner for an advisory opinion with respect to the applicability of the standards to particular situations, which request shall be referred to a panel consisting of the county superintendent of the county, the secretary of the state board of examiners and an assistant commissioner of education designated by the commissioner and an advisory opinion shall be furnished by said panel. No determination of such panel shall be binding upon the board of education or any other party in interest or upon the commissioner or the state board if any controversy or dispute arises as a result of such determination and an appeal is taken therefrom pursuant to the provisions of this title. 18A:28-12 Dismissal of persons having tenure on reduction; reemployment If any teaching staff member shall be dismissed as a result of such reduction, such person shall be and remain upon a preferred eligible list in the order of seniority for reemployment whenever a vacancy occurs in a position for which such person shall be qualified and he shall be reemployed by the body causing dismissal, if and when such vacancy occurs and in determining seniority, and in computing length of service for reemployment, full recognition shall be given to previous years of service, and the time of service by any such person in or with the military or naval forces of the United States or of this State, subsequent to Sept. 1, 1940, and the time of service of any member of the American Merchant Marine during World War II who is declared by the U.S. Department of Defense to be eligible for federal veterans’ benefits, shall be credited to him as though he had been regularly employed in such a position within the district during the time of such military or naval service, except that the period of that service shall not be credited toward more than four years of employment or seniority credit toward more than four years of employment or seniority credit. Leaves 18A:30-2 Sick Leave Allowable All persons holding any office, position, or employment in all local school districts, regional school districts, or county vocational schools of the state who are steadily employed by the board of education or who are protected by tenure in their office, position, or employment under the provisions of this or any other law, except persons in the classified service of the civil service under Title 11, Civil Service, of the Revised Statutes, shall be allowed sick leave with full pay for a minimum of 10 school days in any school year. 18A:30-2.1 Payment of Sick Leave for Service Connected Disability a. Whenever any employee, entitled to sick leave under this Chapter, is absent from his post of duty as a result of personal injury caused by an accident arising out of and in the course of his employment, his employer shall pay to such employee the full salary or wages for the period of such absence for up to one calendar
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