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BASSETT v. BOARD OF EDUC.

223 N.J. Super. 136 (1988)

538 A.2d 395

LINDA BASSETT, PETITIONER-RESPONDENT, CROSS-APPELLANT, v. BOARD OF EDUCATION OF THE BOROUGH OF OAKLAND, BERGEN COUNTY, RESPONDENT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1988.

Attorney(s) appearing for the Case

Stephen R. Fogarty argued the cause for appellant (Fogarty & Hara, attorneys; Stephen R. Fogarty, of counsel and on the brief).

Gregory T. Syrek argued the cause for respondent (Bucceri & Pincus, attorneys; Gregory T. Syrek, of counsel and on the brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent State Board of Education (Marlene Zuberman, Deputy Attorney General, on the statement in lieu of brief).

Zazzali, Zazzali & Kroll, attorneys for amicus curiae New Jersey Education Association (Paul L. Kleinbaum, on the brief).

Before Judges PRESSLER, BILDER and GIBSON.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

This appeal involves a question arising under the school laws. N.J.S.A. 18A:28-5 prohibits the reduction in compensation of tenured teachers except for inefficiency, incapacity or unbecoming conduct. Petitioner Linda Bassett was a full-time tenured teacher whose position was eliminated by reason of a reduction in force but who was offered and accepted reassignment to a part-time position in the same...

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