IMPEY v. BD. OF EDUC.


273 N.J. Super. 429 (1994)

642 A.2d 419

GILLIAN IMPEY, PETITIONER-APPELLANT, v. BOARD OF EDUCATION OF THE BOROUGH OF SHREWSBURY, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1994.


Attorney(s) appearing for the Case

Stephen B. Hunter argued the cause for appellant (Klausner, Hunter, Cige & Seid, attorneys; Mr. Hunter, of counsel and on the brief).

Nathanya G. Simon argued the cause for respondent (Schwartz, Simon & Edelstein, attorneys; Ms. Simon, of counsel; David L. Rosenberg and Ms. Simon, on the brief).

Aileen M. O'Driscoll argued the cause on behalf of amicus curiae New Jersey Education Association (Zazzali, Zazzali, Fagella & Nowak, attorneys; Tanya Pushnack Friedman and Richard A. Friedman, on the brief).

Sheila Dow Ford, Director, Legal Department, New Jersey School Boards Association, filed a brief on behalf of amicus curiae New Jersey School Boards Association (Kim Belin, on the brief).

Deborah T. Poritz, Attorney General, filed a statement in lieu of brief on behalf of respondent State Board of Education (David Earle Powers, Deputy Attorney General, on the statement).

Before Judges MICHELS, SKILLMAN and KESTIN.


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

Appellant was employed by respondent Board of Education of the Borough of Shrewsbury (the Board) as a part-time speech correctionist and had acquired tenure in that position under N.J.S.A. 18A:28-5. In July of 1990, the Board voted to abolish appellant's position and to contract with the Educational Services Commission (ESC) of Monmouth County to provide...

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