NJASA Legal Department Research Services - April 2021
Boards of education are often forced to make difficult budgetary decisions that may result in program cuts and/or reductions in force (RIFs). In March 2021, Part One of this Administrative Guide series discussed the legal authority for a board to implement a RIF, legal challenges to RIFs for procedural reasons and for allegations of bad faith, and RIFs involving teachers. This Second Part of the series discusses RIFs involving the consolidation of administrative positions, and the assertion of “bumping” rights by tenured teaching staff members who are subject to a RIF.
In addition, the School News Briefs discusses three new cases including one case in which the New Jersey Superior Court, Appellate Division held that a board cannot offset a claim for back pay with the unemployment benefits received by a teacher during the period of the 120-day suspension pending tenure charges.
The Impact on Negotiations reviews two new cases including one in which a grievance challenging a board’s decision not to hire the grievant as the football coach, despite the superintendent’s recommendation, can proceed to arbitration.
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