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Sunday, November 17, 2019

BRENDA MILLER V. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK (A-0078-16T3)

BRENDA MILLER V. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK (A-0078-16T3)
Petitioner, a former employee of the Newark school district, appealed from a Commissioner of Education decision finding that time she was employed in various classified Civil Service secretarial positions could not be used to calculate her entitlement to tenure under N.J.S.A. 18A:17-2. The statute provides that board of education employees holding secretarial or clerical positions obtain tenure after employment for three consecutive years and the beginning of the next succeeding school year. Although petitioner was employed in secretarial positions for more than three consecutive years, the Commissioner determined petitioner did not obtain tenure because under N.J.S.A. 18A:28-2 petitioner's employment in classified Civil Service secretarial titles did not satisfy the requirements of N.J.S.A. 18A:17-2.