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Kletzkin v. Board of Educ. of Borough of Spotswood6/29/1994
The opinion of the Court was delivered by POLLOCK, J.
The issue is whether respondent, Dorothy Kletzkin, a school psychologist, acquired tenure while on leave because of a work-related injury. The Commissioner of Education (the Commissioner), the New Jersey State Board of Education (the Board), and the Appellate Division, 261 N.J. Super. 549 (1993), all read the tenure statute, N.J.S.A. 18A:28-5, to require a finding that Kletzkin had acquired tenure. We granted the petition for certification of the Spotswood Board of Education (Spotswood), 133 N.J. Super. 443 (1993), and now affirm.
-I-
Kletzkin began employment with Spotswood as a learning-disabilities teacher consultant on January 13, 1986. Spotswood reclassified her as a school psychologist on October 22, 1986. She served in that capacity for the remainder of the 1986-87 school year and throughout the 1987-88 year. Spotswood rehired Kletzkin for the 1988-89 year. She continued to work as a school psychologist until November 17, 1988, when a work-related injury forced her to take an involuntary leave of absence. Pursuant to N.J.S.A. 18A:30-2.1, she continued to receive her full salary. On April 11, 1989, before Kletzkin's return to service, Spotswood terminated her employment.
The applicable statute, N.J.S.A. 18A:28-5(c), provides that teaching-staff members, which include school psychologists, receive tenure "after employment" for the equivalent of more than three academic years within a period of any four academic years. An academic year runs for the ten months between September 1 and June 30 of the school year. See N.J.S.A. 18A:1-1 (defining academic year as "the period between the time school opens in any school district or any board of education after the general summer vacation until the next succeeding summer vacation"). Thus, to obtain tenure, Kletzkin would have had to be "employed" for thirty months and one day over four academic years. At the time of her injury, she had served for slightly more than twenty-eight
months. The parties disagree whether she obtained tenure when the thirtieth month passed in January 1989 while she was disabled.
The Commissioner found in Kletzkin's favor, using a case-by-case subjective approach. Although the Board affirmed the finding that Kletzkin was entitled to tenure, it reasoned that Kletzkin's claim turned "solely on analysis of whether she satisfied the specific requirements of N.J.S.A. 18A:28-5." The Appellate Division affirmed, "substantially for the reasons set forth by the Board in its decision," 261 N.J. Super. at 552.
-II-
Tenure is a statutory right that depends on a teacher's satisfying specific statutory conditions. Spiewak v. Board of Educ., 90 N.J. 63, 72, 447 A.2d 140 (1982); Zimmerman v. Board of Educ., 38 N.J. 65, 72, 183 A.2d 25 (1962), cert. denied, 371 U.S. 956, 83 S. Ct. 508, 9 L. Ed. 2d 502 (1963). Because of its remedial purpose, we construe the Act liberally. Spiewak, supra, 90 N.J. at 74. "Moreover, as the agency ultimately charged with implementation of the school laws, the Board's statutory interpretation is entitled to considerable weight, where not inconsistent with the statute and in harmony with the statutory purpose." Kletzkin, supra, 261 N.J. Super. at 553 (citing Bassett v. Board of Educ., 223 N.J. Super. 136, 142-43, 538 A.2d 395 (App. Div. 1988)). Although rema
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