Robin Scheffler, a Charter School teacher, filed an appeal with the Commissioner of Education on September 11, 2020, challenging the non-renewal of her employment, alleging the same violated her tenure rights.
Scheffler claimed that pursuant to N.J.A.C. 6A:11-6.2(a) she had gained tenure at the end of the 2019-2020 school year, as she had “completed” five years of employment with the Charter School. Notwithstanding Scheffler’s claim to tenure, the Charter School had provided Scheffler with written notice on May 12, 2020, that her employment would not be renewed for the upcoming year.
The Administrative Law Judge, relying on Nissman v. Bd. of Educ. of Twp. of Long Beach Island, 272 N.J.Super. 373 (1994), dismissed Scheffler’s complaint finding that the same had not been timely filed as Scheffler was required to file her action within 90-days of being notified on May 12, 2020, that her employment would not be renewed.
The dismissal of Scheffler’s complaint was upheld by the Commissioner of Education. On further review, the Appellate Division upheld the decision dismissing Scheffler’s petition of appeal, finding that Scheffler provided no persuasive legal basis for departing from the court’s previous holding in Nissman, which remains controlling law.
Maggie Miller concentrates her practice in the areas of education and labor and employment law, including representing boards of education in all special education and tenure and employment matters. If she or the team of Education attorneys at Weiner Law Group can be of help, please contact us at 973-403-1100.
Margaret A. Miller