RAMSEY TEACHERS ASSOCIATION, Petitioner-Appellant,
v.
BOARD OF EDUCATION OF the BOROUGH OF RAMSEY, Bergen County, Respondent-Respondent.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued November 9, 2005.
Decided January 9, 2006.
Attorney(s) appearing for the Case
Louis P. Bucceri, Clifton, argued the cause for appellant (Bucceri & Pincus, attorneys; Mr. Bucceri, of counsel and on the brief).
Robert M. Jacobs, Hackensack, argued the cause for respondent Board of Education of the Borough of Ramsey (Winne, Banta, Hetherington, Basralian & Kahn, attorneys; Mr. Jacobs, of counsel and on the brief; Christine R. Smith, on the brief).
Peter C. Harvey, Attorney General, attorney for respondent State Board of Education (Michael Haas, Assistant Attorney General, of counsel; Cindy M. Campbell, Deputy Attorney General, on the statement in lieu of brief).
John J. Burns argued the cause amicus curiae New Jersey School Boards Association (Cynthia J. Jahn, General Counsel/Assistant Executive Director, attorney; Mr. Burns, on the brief).
Zazzali, Fagella, Nowak, Kleinbaum & Friedman, Newark, attorneys for amicus curiae New Jersey Education Association (Richard A. Friedman and Kathleen Naprstek Cerisano, on the brief).
Before Judges COBURN, COLLESTER and LISA.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
LISA, J.A.D.
N.J.S.A. 18A:40-3.3, which became effective on July 1, 1999, provides:
A school district shall only utilize or employ for the provision of nursing services in the public schools of the district persons holding an educational services certificate with an endorsement as a school nurse issued by the State Board of Examiners, except for those non-nursing personnel who are otherwise authorized...
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