For the prosecutor, Meyer L. Sakin.
For the respondent, George B. Marshall.
Before Justices Bodine, Perskie and Porter.
The opinion of the court was delivered by
PERSKIE, J. The basic question requiring decision is whether on the facts of this case prosecutrix was properly denied her claim that she had earned the right to tenure as a teacher in the public schools of respondent.
Prosecutrix was first employed as a teacher by respondent, Board of Education of the Township of Harrison, Gloucester County, at the beginning of the school year of 1931. She taught during the school years of 1931-1932, 1932-1933 and 1933-1934. On May 7th, 1934, she tendered her resignation to take effect May 21st, 1934, which was the first day of the last week of the school term. Her resignation was accepted. Mrs. Ridgway was employed and paid by respondent to teach in place of prosecutrix for the last week of the school term although prosecutrix did appear at school on the last day of the term, for about an hour, and assisted with the details concerning promotions and closing of the term.
Thereafter respondent employed prosecutrix for the years 1934-1935, 1935-1936 and 1936-1937. In April of 1937 she
again tendered her resignation to take effect May 17th, 1937. Her resignation was formally accepted on May 3d, 1937. Prosecutrix taught from May 19th, 1937, until the close of the school on May 26th, 1937.
Thereafter prosecutrix was again employed by respondent for the years 1937-1938, 1938-1939 and 1939-1940. On May 15th, 1940, respondent concluded not further to continue the services of prosecutrix and so advised her.
Prosecutrix appealed to the Commissioner of Education challenging respondent's refusal to continue her employment for the school year 1940-1941. The Commissioner sustained the action of respondent and, on further appeal, the State Board of Education affirmed the Commissioner.
Prosecutrix argues here, as she did below, that she had rendered respondent services as a teacher "* * * after employment for three consecutive academic years together with employment at the beginning of the next academic year * * *," and had therefore earned her right to tenure. N.J.S.A. 18:13-16. (Chapter 43, ...