FELICIA PUGLIESE VS. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF
NEWARK/ EDGARD CHAVEZ VS. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF
NEWARK
A-0857-13T2/A-1012-13T2
In these appeals from termination, two tenured teachers assert that
their legal defenses were not considered by the Commissioner of
Education, the arbitrator hearing the case, or the trial court. The
arbitration hearings were conducted pursuant to the then-recently
enacted Teacher Effectiveness and Accountability for the Children of New
Jersey Act (TEACHNJ), which replaced Administrative Law Judges with
arbitrators and immediate appellate review with trial court review. The
evaluations upon which the tenure charges were based took place prior to
TEACHNJ.
The matters are remanded for the Commissioner to explicitly decide those
legal defenses that the Commissioner does not expressly delegate to the
statutorily-mandated arbitrators to decide. The Commissioner must also
inform the arbitrators what legal standards to apply to teachers who
have received tenure charges after the effective date of TEACHNJ
alleging inefficiency occurring prior to the effective date of the
statute.
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