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