Bridgewater-Raritan Education Association v. Board of Education of the Bridgewater-Raritan School District

In this appeal, the issue before the Supreme Court centered on whether three teachers employed by the Board of Education of the Bridgewater-Raritan School District (Board) appropriately were denied tenure as a matter of law or equity under circumstances , implicating the interplay of N.J.S.A.18A:28-5, which establishes the general rule by which teachers obtain tenure, and N.J.S.A.18A:16-1.1, which creates an exception to that general rule. The Bridgewater-Raritan Education Association filed a petition of appeal on behalf of the teachers with the Commissioner. The matter was referred to the Office of Administrative Law as a contested case, and the Board moved for summary judgment. The Association maintained that the teachers were entitled to tenure as a matter of law and under the equitable principles of apparent authority and equitable estoppel. An administrative law judge (ALJ) granted the Board s motion, finding that none of the teachers met the statutory requirement for tenure because they each had served as temporary replacements for other tenured teachers. The ALJ rejected the Association's equitable arguments and concluded that the Board was not required to notify teachers of their status as replacement teachers under N.J.S.A.18A:16-1.1. The Commissioner affirmed the ALJ s decision. The Association appealed, and the Appellate Division affirmed in an unpublished decision. The Supreme Court, after review, affirmed in part, reversed in part, and remanded for further proceedings. The Court found that N.J.S.A.18A:16-1.1 required a board of education to give an employee notice of his or her designation as a replacement. With respect to the claim of Tamara Manzur, a genuine issue of material fact existed regarding whether she was provided such notice as to her status during the 2007-08 school year. The Court agreed with the Appellate Division that equitable principles were inapplicable. View "Bridgewater-Raritan Education Association v. Board of Education of the Bridgewater-Raritan School District" on Justia Law