Opinion

Fraser v. State Board of Education

  • 133 N.J.L. 15
  • 42 A.2d 269
  • 1945 N.J. Sup. Ct. LEXIS 130
Court
Supreme Court of New Jersey
Filed
Apr 30, 1945
Status
Published
Author
Bodine
On the bench
Bodine, Bobine, Porter
Cited by
1 cases
Authority
More cited than 57.6%

The opinion

The op inion of the court was delivered by

Bodine, J.

A writ was allowed in this case for the determination of two questions. 132

N. J. L.

248.

1. Do teachers in a school system, who have acquired tenure, have a right to the increases provided by an existing- salary schedule when the time for such increases occur? We think not. If the reasoning in

Greenway

v.

Board of Education of Camden,

129

N. J. L.

461, is somewhat extended, as we think it should be, board action is necessary to implement every increase.

2. May the recommendation by the persons named in the schedule be arbitrarily withheld ? We can find nothing in the proofs beyond inaction. There is nothing to indicate that it was arbitrary. To decide otherwise it is admitted would necessitate overruling the reasoning in the Greenway case,

supra.

This we cannot do.

The judgment of the State Board of Education will be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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