Ahrensfield v. State Bd. of Educ.
| Decision Date | 25 April 1941 |
| Docket Number | No. 6.,6. |
| Citation | 19 A.2d 656,126 N.J.L. 543 |
| Parties | AHRENSFIELD v. STATE BOARD OF EDUCATION et al. |
| Court | New Jersey Supreme Court |
Appeal from Supreme Court.
Certiorari proceeding by Clara E. Ahrensfield against the State Board of Education of the State of New Jersey and others to review the action of the State Board of Education which sustained the State Commissioner of Education who dismissed prosecutrix' petition to compel the Board of Education of Roselle Park to grant prosecutrix tenure as a school teacher, to direct her reinstatement, and to pay her certain back salary. From a judgment of the Supreme Court, 11 A.2d 414, 124 N.J. L. 231, which dismissed the writ and affirmed the judgment, the prosecutrix appeals.
Affirmed.
John M. Kerner, of Elizabeth, for appellant.
Martin P. O'Connor, of Elizabeth, for respondent State Board of Education.
The judgment is affirmed for the reasons expressed in the opinion of Mr. Justice Perskie for the Supreme Court.
As to the contention that the challenged action constitutes a disregard of section I of the 14th Amendment of the Federal Constitution and paragraphs 1 and 2 of Article I and paragraph 11 of section VII, Article IV of the State Constitution, N.J.S.A. and also R.S.1937, 10:1-1 and 18:13-10, N.J.S.A. 10:1-1 and 18:13-10, it suffices to say, without necessarily implying that it is the sole determinative consideration, that it was found as a fact below that the resignations submitted by prosecutrix were wholly voluntary, in no sense induced by the local board of education or by coercion exerted by the supervising principal, who in this behalf was not representing the local board. There being evidence to support this finding, it is conclusive here.
Certainly, it was the right of either party to terminate the service before tenure rights had been acquired under the statute. Prosecutrix did not have an absolute right to reemployment before that status had been achieved. It is evident that she could not have mandamused that course. Service for a total of more than the prescribed period, with such breaks in continuity by the voluntary act of prosecutrix, is not to be deemed the equivalent of the statutory sine qua non. If it were, the evident design of the parties would be infringed. It is axiomatic that the right of tenure does not come into being until the precise condition laid down in the statute has been met. The contrary would transgress the legislative will. If it be...
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...Education of Newark, 38 N.J. 65, 183 A.2d 25 (1962), cert. den. 371 U.S. 956, 83 S.Ct. 508, 9 L.Ed.2d 502 (1963); Ahrensfield v. State Board, 126 N.J.L. 543, 19 A.2d 656 (1941); Brooks v. School District of Moberly, Mo., 8 Cir., 267 F.2d 733, 739 (1959), cert. den. 361 U.S. 894, 80 S.Ct. 19......
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...38 N.J. 65, 70-72, 183 A.2d 25 (1962), certif. den. 371 U.S. 956, 83 S.Ct. 508, 9 L.Ed.2d 502 (1963); Ahrensfield v. State Board of Education, 126 N.J.L. 543, 19 A.2d 656 (E. & A. 1941). The Tenure Act, N.J.S.A. 18A:28-1 to -18, specifically defines the conditions under which teachers are e......
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Zimmerman v. Board of Ed. of City of Newark
...subject to the below limitations to terminate service before statutory tenure rights became effective. Ahrensfield v. State Board of Education, 126 N.J.L. 543, 19 A.2d 656 (E. & A. 1941). We note in passing that such an unprotected employee relationship is not uncommon in our State today fo......
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