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POINT PLEASANT BEACH TEACHERS ASS'N v. CALLAM

173 N.J. Super. 11 (1980)

412 A.2d 1352

POINT PLEASANT BEACH TEACHERS ASSOCIATION, RUTH O'NEIL, ELAINE HENNESSEY AND MARJORIE WATSON, PETITIONERS-APPELLANTS, v. DR. JAMES CALLAM AND BOARD OF EDUCATION OF THE BOROUGH OF POINT PLEASANT BEACH, OCEAN COUNTY, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1980.

Attorney(s) appearing for the Case

Martin B. Anton argued the cause for appellants.

Seymour J. Kagan argued the cause for respondents (Berry, Summerill, Piscall, Kagan and Privetera, attorneys).

Ruhlman and Butrym, submitted a brief for amicus curiae New Jersey Educational Association (Cassel R. Ruhlman, Jr., and Richard A. Friedman on the brief).

David W. Carroll submitted a brief on behalf of amicus curiae New Jersey School Board Association (Christine D. Weger on the brief).

John J. Degnan, Attorney General of New Jersey, submitted a statement in lieu of brief on behalf of the New Jersey State Board of Education (M. Kathleen Duncan, Deputy Attorney General, on the statement).

Before Judges BISCHOFF, BOTTER and MORTON I. GREENBERG.

The opinion of the court was delivered by BISCHOFF, P.J.A.D.

The sole issue presented by this appeal is whether teachers employed under Title I of the Elementary and Secondary Education Act, 20 U.S.C.A. § 236 et seq., are "teaching staff members" within the meaning of the teacher tenure statute, N.J.S.A. 18A:28-5. The Commissioner of Education held that they were teaching staff members and therefore were entitled to acquire tenure. The State...

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