Spiewak v. Rutherford Bd. of Educ

In Spiewak v. Rutherford Bd. of Educ., 90 N.J. 63, 76, 447 A.2d 140 (1982), the Supreme Court overruled an Appellate Division holding in Point Pleasant Beach Teachers Ass'n v. Callam, 173 N.J. Super. 11, 412 A.2d 1352 (App.Div.), certif. denied, 84 N.J. 469, 420 A.2d 1296 (1980), that teachers who had accepted "temporary employment" were unprotected by the tenure provisions of N.J.S.A. 18A:28-5 because they "had entered into contractual relationships with the board of education that were intended by the board and understood by the teachers to be temporary." Spiewak, supra, 90 N.J. at 76, 447 A.2d 140. The Supreme Court held: The decision in Point Pleasant relies on the wrong legal principles. By focusing on the contractual relations between the parties and not the statutory criteria for tenure, the court in Point Pleasant overlooked the authority which holds that tenure is a legal right governed by statute rather than contract. Ibid. As the court concluded its resolution of the issue, it declared: As a practical matter, the protection of tenure would be greatly reduced if it were subject to contract principles. If tenure were subject to contract, it would be available to teachers only if school boards agreed to grant it to them. But the Legislature has explicitly mandated that teachers be granted tenure under certain conditions as a means to improve public education. Neither school boards nor teachers are free to disobey that mandate. Tenure is not dependent on agreement between the parties. Teachers are entitled to tenure because the Legislature has granted them that right. The language of N.J.S.A. 18A:28-5 is clear and unambiguous. The Legislature has granted the right to tenure to teaching staff members who fulfill the objective conditions listed in the statute. This right is not dependent on an agreement between the parties. Id. at 80-81, 447 A.2d 140.