Donaldson v. Board of Ed. of City of North Wildwood
| Decision Date | 22 June 1971 |
| Citation | 279 A.2d 112,115 N.J.Super. 228 |
| Parties | Mary C. DONALDSON, Petitioner-Appellant, v. BOARD OF EDUCATION OF the CITY OF NORTH WILDWOOD, Cape May County, Respondent-Appellee. |
| Court | New Jersey Superior Court — Appellate Division |
John F. Callinan, Wildwood, for appellant (Perskie & Perskie, Wildwood, attorneys).
Edwin W. Bradway, North Wildwood, for respondent Bd. of Ed. of the City of North Wildwood.
Thomas P. Cook, Princeton, attorney for N.J. School Boards Ass'n, filed a brief amicus curiae.
George F. Kugler, Jr., Atty. Gen., filed a statement in lieu of brief on behalf of State Bd. of Ed. (Virginia Long Annich, Deputy Atty. Gen., on the statement).
Before Judges KILKENNY, HALPERN and LANE.
The opinion of the court was delivered by
KILKENNY, P.J.A.D.
Petitioner, a nontenure teacher, had been employed by respondent North Wildwood Board of Education under a contract which expired on June 30, 1969. About January 2, 1969 she was advised by the superintendent of schools of the district that he would not recommend a renewal of her teaching contract for the 1969--1970 term. A renewal contract would have conferred tenure upon petitioner. The superintendent's recommendation not to renew petitioner's contract was accepted by the local board of education; petitioner's contract was not renewed.
Petitioner filed her petition to review the local board's action with the State Commissioner of Education. On August 21, 1969 the Commissioner dismissed the petition upon the ground that it failed to state a claim upon which relief could be granted. Thereafter, on appeal to the State Board of Education, the Commissioner's decision was affirmed. This appeal by petitioner from the final determination of the State Board of Education followed.
The question before us is whether a nontenure teacher whose contract is not renewed, thus precluding her from obtaining tenure under N.J.S.A. 18A:28--1 et seq., has a constitutional right (a) to be furnished with a statement of reasons for the nonrenewal, and (b) to be heard before the board in regard to those reasons.
Zimmerman v. Board of Education, Newark, 38 N.J. 65, 183 A.2d 25 (1962), is dispositive of this issue. As stated therein:
Except for statutory conditions, a teacher is retained solely on a contract basis during his probationary employment. At the expiration of an annual contract period, the employment relationship ceases to exist unless a new contract has been entered into. * * * And except to the extent of constitutional or statutory limitations, there is no legal duty on the part of a board to re-employ a teacher at the end of a contract term. (At...
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Donaldson v. Board of Ed. of City of North Wildwood
...Division affirmed the dismissal of the petition which the plaintiff had filed with the State Commissioner of Education. 115 N.J.Super. 228, 279 A.2d 112 (1971). We granted certification on the plaintiff's application (59 N.J. 272, 281 A.2d 534 (1971)) and the matter has been fully argued an......
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Winston v. Board of Ed. of Borough of South Plainfield
...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); Donaldson v. Bd. of Ed., North Wildwood, 115 N.J.Super. 228, 279 A.2d 112 (App.Div.1971), certif. granted 59 N.J. 272, 281 A.2d 534 (1971). The discretion vested in a board over these matter......
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Association of N. J. State College Faculties, Inc. v. Dungan
...65, 183 A.2d 25 (1962), cert. denied, 371 U.S. 956, 83 S.Ct. 508, 9 L.Ed.2d 502 (1963); Cf. Donaldson v. Board of Education of City of North Wildwood, 115 N.J.Super. 228, 279 A.2d 112 (App.Div.1971), certif. granted, 59 N.J. 272, 281 A.2d 534 (1972); Katz v. Board of Trustees of Gloucester ......
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Katz v. Board of Trustees of Gloucester County College
...with regard to the protective order that issued on defendants' motion. In the recent case of Donaldson v. Board of Education, North Wildwood, 115 N.J.Super. 228, 279 A.2d 112 (App.Div.1971), the court held that a nontenured teacher has no right to a statement of reasons for the nonrenewal o......