Impey v. Board of Educ. of Borough of Shrewsbury
| Decision Date | 14 August 1995 |
| Citation | 662 A.2d 960,142 N.J. 388 |
| Parties | , 102 Ed. Law Rep. 639 Gillian IMPEY, Petitioner-Appellant, v. BOARD OF EDUCATION OF THE BOROUGH OF SHREWSBURY, Respondent-Respondent. |
| Court | New Jersey Supreme Court |
Stephen B. Hunter, Somerville, for appellant (Klausner, Hunter, Cige & Seid, attorneys).
Nathanya G. Simon, Livingston, for respondent (Schwartz, Simon, Edelstein, Celso & Kessler, attorneys; Ms. Simon and Jeffrey A. Bennett, on the brief).
David Earle Powers, Deputy Atty. Gen., for respondent State Bd. of Educ. (Deborah T. Poritz, Atty. Gen., attorney; Joseph L. Yannotti, Asst. Atty. Gen., of counsel).
Richard A. Friedman, Trenton, for amicus curiae New Jersey Educ. Ass'n (Zazzali, Zazzali, Fagella & Nowak, attorneys).
Kim Chapman, Associate Counsel, for amicus curiae New Jersey School Boards Ass'n (Susan E. Galante, Director, attorney).
The opinion of the Court was delivered by
In this case, a local board of education, for reasons of economy, entered into a contract with a county educational services commission to provide speech correction services for the school district's pupils. Concomitantly, the board abolished the permanent part-time position and terminated the employment of a tenured part-time speech correctionist. The issues raised by those actions are whether a board of education has the authority to subcontract with a county educational services commission to provide speech correction services and, in doing so, whether the board may abolish the position and terminate the employment of a tenured teacher without violating statutory tenure rights.
Gillian Impey (petitioner) was a tenured teacher employed by the Board of Education for the Borough of Shrewsbury (Board) as a part-time speech correctionist. She provided speech correction services for the pupils of the Shrewsbury School District.
In July 1990, the Board voted to contract with the Educational Services Commission (ESC) of Monmouth County to provide speech correction services for the district's pupils during the 1990-1991 school year, and to abolish petitioner's position. Petitioner's annual salary was slightly more than $20,000; the Board agreed to pay the ESC $8,000 to provide the equivalent speech correction services. As a result of this subcontracting arrangement with the ESC, the Board saved approximately $12,000.
Petitioner filed a complaint with the Commissioner of Education, claiming that the Board's action violated her tenure, seniority and re-employment rights. She also asserted that the Board did not have the authority to enter into a subcontracting relationship with the ESC to provide speech correction services.
The Board filed its answer and affirmative defenses, and the matter was referred to the Office of Administrative Law.
In relevant part, the parties stipulated to the following facts:
1. Petitioner Gillian Impey, holds certification as a Speech Correctionist from the Department of Education, State Board of Examiners.
2. Petitioner Gilliam Impey was hired by the Shrewsbury Board of Education as [a] part-time Speech Correctionist effective March 1, 1970 through June 30, 1990.
3. By correspondence dated July 5, 1990 ... the Board notified petitioner that the Board would discuss at a special meeting scheduled for Tuesday, July 10, 1990 the possibility of abolishing the position of Speech Correctionist.
4. At the Board's special meeting of July 10, 1990, the Board voted to abolish the position of Speech Correctionist for the 1990-1991 school year.
5. At the Board's special meeting of July 10, 1990, the Board also adopted a resolution terminating the employment of the petitioner as a result of the abolishment of [the] position and reduction in force. The Board further placed petitioner on a preferred eligibility list for re-employment in her area of seniority.
6. By correspondence dated July 11, 1990, ... the Board advised the petitioner that [it] ... adopted a resolution terminating her employment ... as a result of [the] abolishment of position and reduction in force. Additionally, petitioner was advised that based upon her tenure and seniority rights, she had been placed on a preferred eligibility list for recall to the position of Speech Correctionist.
7. At the Board's special meeting of July 10, 1990, the Board approved a contract with the Monmouth County Educational Services Commission to provide speech services for the school district for the 1990-1991 school year for two days per week at a stipend of $20 per hour for five hours X two days per week for a total cost of $8,000 per year.
8. The Monmouth County Educational Services Commission is a duly established agency organized in accordance with N.J.S.A. 18A:6-51 with the purpose of carrying on programs of educational research and development and providing to public school districts such educational and administrative services as may be authorized pursuant to the Rules of the State Board of Education. At the meeting of the State Board of Education held on June 2, 1982, the Monmouth County Educational Services Commission was approved to provide special education services to public school districts pursuant to N.J.S.A. 18A:6-51, 63 and 69.
9. The Board's decision to abolish the position of Speech Correctionist and to contract with Monmouth County Educational Services Commission for speech services has had no adverse impact on the program needs of the school district for such speech services.
10. Petitioner's compensation for the 1989-1990 school year was ... $20,325. Petitioner's salary for the 1990-1991 school year is yet undetermined due to unsettled negotiations.
11. The use of the Educational Services Commission has resulted in a savings to the School District of Shrewsbury in the amount of at least $12,325 for the 1990-1991 school year and for each year thereafter in which it participates in this contract arrangement.
12. The Shrewsbury School District is a K through 8 School District.... The total number of students involved in the speech program for the 1989-1990 school year was 37. The total number of students involved in the speech program for the 1990-1991 school year was 37. The number of students involved in the speech program for 1991-1992 school year is 40.
13. During the 1989-1990 school year, in addition to a Speech Correctionist, the Board employed a Learning Disability Teacher Consultant, School Psychologist and School Social Worker, and for the 1990-1991 school year the Board employed a School Psychologist and School Social Worker.
14. In Monmouth County, the following school districts utilize the Monmouth County Educational Services Commission for special education services by having one or more members of the Child Study Team exclusively supplied in a contractual arrangement by the Commission: Avon, Spring Lake Heights, Neptune City, Shrewsbury and Deal.
On cross-motions for summary decision, the Administrative Law Judge (ALJ) ruled in favor of the Board. The Commissioner and the State Board of Education adopted that determination. Thereafter, petitioner filed a Notice of Appeal with the Appellate Division, which affirmed the decisions of the State Board and the Commissioner. 273 N.J.Super. 429, 642 A.2d 419 (1994). Petitioner filed a petition for certification, which we granted. 138 N.J. 266, 649 A.2d 1286 (1994).
The Educational Services Commission of Monmouth County, with which the Shrewsbury Board of Education has contracted to obtain speech correction services for its pupils, is an agency established and organized in accordance with N.J.S.A. 18A:6-51. We address the threshold question of whether a local board of education has the statutory authority to contract with an ESC to provide speech correction services for its pupils.
Boards of education have considerable latitude in providing essential educational services. Services, facilities and programs of special education may be provided for in several ways. E.g. N.J.S.A. 18A:46-14. One avenue is through county educational services commissions.
An educational services commission is defined as
an agency established ... in one or more counties for the purpose of carrying on programs of educational research and development and providing to public school districts such educational and administrative services as may be authorized pursuant to rules of the State Board of Education.
[ N.J.S.A. 18A:6-51.]
An ESC may be established by local boards of education with the concurrence of the Commissioner of Education on the approval of the State Board of Education. N.J.S.A. 18A:6-52. ESCs may provide a range of educational and administrative services. See Remedial Educ. & Diagnostic Servs., Inc. v. Essex County Educ. Servs. Comm'n, 191 N.J.Super. 524, 526-28, 468 A.2d 253 (App.Div.1983) (), certif. denied, 97 N.J. 601, 483 A.2d 139 (1984). An ESC "shall from time to time determine what services and programs shall be provided ... [and] enter into contracts with school districts, whether member districts of the commission or not, to provide any or all such services and programs." N.J.S.A. 18A:6-63.
Of special relevance in this case is the statutory and regulatory authority governing services to children in need of speech correction. The Classes and Facilities for Handicapped Children Act, N.J.S.A. 18A:46-1 to -46, requires that public schools provide special educational services for handicapped students. A board of education has a statutory responsibility "to provide suitable facilities and programs of education" for all handicapped children, N.J.S.A. 18A:46-13, including children who are "communication handicapped." N.J.S.A. 18A:46-1. "The facilities and programs of education required" for handicapped pupils may be provided by "[j]oint facilities...
To continue reading
Request your trial
-
Morris School Dist. Bd. of Educ., Matter of
...re Hunterdon County Bd. of Chosen Freeholders, 116 N.J. 322, 329, 561 A.2d 597 (1989)); see also Impey v. Board of Educ. of the Borough of Shrewsbury, 142 N.J. 388, 397, 662 A.2d 960 (1995); State v. Professional Ass'n of N.J. Dep't of Educ., 64 N.J. 231, 258-59, 315 A.2d 1 (1974). Courts c......
-
Executive Com'n on Ethical Standards v. Salmon
...unless it is arbitrary, capricious, or unreasonable...." Dennery, supra, 131 N.J. at 641, 622 A.2d 858; see also Impey v. Bd. of Educ., 142 N.J. 388, 397, 662 A.2d 960 (1995); L.M. v. State Div. of Med. Assistance and Health Servs., 140 N.J. 480, 489-90, 659 A.2d 450 (1995). We defer to the......
-
SSI Medical Services, Inc. v. State Dept. of Human Services, Div. of Medical Assistance and Health Services
...capricious or unreasonable, or not supported by substantial credible evidence in the record as a whole. Impey v. Board of Educ., 142 N.J. 388, 397, 662 A.2d 960 (1995); Dennery v. Board of Educ., 131 N.J. 626, 641, 622 A.2d 858 (1993); Henry v. Rahway State Prison, 81 N.J. 571, 579-80, 410 ......
-
Vicenzino v. Bedminster Tp. Bd. of Educ.
...410 A.2d 686 (1980)). To be sure, the same standard applies "to resolve disputes arising under school laws." Impey v. Board of Educ., 142 N.J. 388, 397, 662 A.2d 960 (1995). Moreover, we are mindful of the deference that courts must accord agency action that purports to effectuate statutory......