SPIEWAK v. RUTHERFORD BD. OF ED.


90 N.J. 63 (1982)

447 A.2d 140

RITA SPIEWAK, PEGGY DABINETT, PATRICIA O'REILLY AND THE RUTHERFORD EDUCATION ASSOCIATION, RESPONDENTS, v. BOARD OF EDUCATION OF RUTHERFORD, APPELLANT. HAMILTON TOWNSHIP SUPPLEMENTAL TEACHERS ASSOCIATION, ARLENE BARTOLOMEI, EDITH BLOOMER, JOYCE BRUGNOLI, SUE COLBERT, LORRAINE B. CORYELL, CAROLYN FORNEY, GAIL FOUSE, BARBARA GORDON, BONNIE GROCOTT, JOANNA HULSEY, ROSEMARY KESSLER, VEARIAN S. KROECK, BARBARA KYRITSIS, GRACE LOYACK, AMY G. MALICK, FRANCES A. MANDL, RITA MILLNER, KATHY MOORE, PEG MOORE, ROSEMARY NAPLES, DIANE NIES, ELAINE POLIZZI, GAIL SHUMAN, ROSEANN SZILVASI, AND CHERYL VECCHIOLLA, RESPONDENTS, v. HAMILTON TOWNSHIP BOARD OF EDUCATION, APPELLANT. CONSTANCE ANDERSON, APPELLANT, v. SUMMIT BOARD OF EDUCATION, RESPONDENT.

The Supreme Court of New Jersey.

Decided June 23, 1982.


Attorney(s) appearing for the Case

Alfred E. Ramey, Jr., Deputy Attorney General, argued the cause for appellant and respondent State Board of Education (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Erminie L. Conley, former Assistant Attorney General, of counsel; Alfred E. Ramey, Jr., and Mary Ann Burgess, Assistant Attorney General, on the briefs).

H. Ronald Levine argued the cause for appellant Board of Education of Rutherford (Irving C. Evers, attorney; Irving C. Evers, on the brief).

Henry F. Gill argued the cause for appellant Hamilton Township Board of Education.

Gilbert E. Owren argued the cause for appellant Constance Anderson (Drummond & Owren, attorneys).

Steven B. Hoskins argued the cause for respondent Summit Board of Education (McCarter & English, attorneys; Gerald C. Harvey and Hinda B. Simon, on the briefs).

Arnold M. Mellk argued the cause for respondents Hamilton Township Supplemental Teachers Association, et al. (Katzenbach, Gildea & Rudner, attorneys; James F. Schwerin, on the brief).

Louis P. Bucceri argued the cause for respondents Rita Spiewak, et al. (Bucceri & Pincus, attorneys).

Susan Galante, Assistant Counsel, argued the cause on behalf of amicus curiae New Jersey School Boards Association (David W. Carroll, General Counsel, attorney).


The opinion of the Court was delivered by PASHMAN, J.

Today we decide whether public school teachers who provide remedial and supplemental instruction to educationally handicapped children may acquire tenure. This question requires us to interpret and apply the tenure statute, N.J.S.A. 18A:28-5. The Court also considers a recent Appellate Division decision, Point Pleasant Beach Teachers' Ass'n v. Callam, 173 N.J.Super. 11

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