Rotondo v. Carlstadt-East Rutherford Reg'l High School Dist

In Rotondo v. Carlstadt-East Rutherford Reg'l High School Dist. 276 N.J. Super. 36, 647 A.2d 174 (App.Div.1994), the chief school administrator (CSA) had recommended to the board of education that a non-tenured music teacher's contract not be renewed. The board renewed the contract despite the recommendation. The Commissioner of Education and the State Board of Education ruled that the local board had no power to employ a teacher who was not recommended by the CSA. The Court reversed, relying on N.J.S.A. 18A:27-1: "No teaching staff member shall be appointed, except by a recorded roll call majority vote of the full membership of the board of education appointing him." The Court observed that nothing in that or any other statute "affords the CSA a veto or other controlling role in the process of appointing teaching staff members." Rotondo, supra, 276 N.J. Super. at 39, 647 A.2d 174. The Court could discern no statutory "hint that the local board's authority to appoint is restricted to persons sponsored by the CSA." Id. at 44-45, 647 A.2d 174. Our opinion closed by referring to the Legislature's prerogatives in establishing educational policy, and invited clarifying legislation if we had misperceived the Legislature's intent. Id. at 46, 247 A.2d 174.