N.J. Association of School
Administrators v. Bret
Schundler (066789; A-98-10)
N.J.A.C. 6A:23A-3.1(e)(3) - (6)
are valid, and
N.J.S.A. 18A:30-3.6 did not
supersede N.J.S.A. 18A:30-
3.5. The Legislature had the authority to modify
terms and conditions for future
contracts for public
employment in a manner that did
not raise
constitutional concerns; the
laws that protect tenure
rights did not prevent the
Legislature’s later
actions; the Legislature
properly exercised its power
when it directed the
Commissioner to issue the
regulations; and the
regulations were consistent with
their respective enabling
statutes, advanced the
Legislature’s goals, and
protected benefits that
employees had already
accumulated. The statute
capping sick leave payments has
not been superseded
and covers high-level
employees, including
superintendents and assistant
superintendents; the
more recent enactment expands
the sick leave cap to
cover all newly hired school
employees. 5-3-12
