For the prosecutrix, Harkavy & Lieb (Abraham I. Harkavy, of counsel).
For the respondents, Jacob Fox.
Before Justices Parker, Heher and Perskie.
The opinion of the court was delivered by
PERSKIE, J. The fundamental question for decision on the facts of this case is whether the services which prosecutrix rendered as a substitute teacher of art in the public schools of the City of Newark, entitled her to tenure on November 8th, 1940, within the meaning of R.S. 18:13-16, as amended by Pamph. L. 1940, ch. 43, p. 125, § 1, which reads as follows:
"The services of all teachers * * *, [italics ours] excepting those who are not the holders of proper teachers' certificate in full force and effect, shall be during good behavior and efficiency, * * * (c) after employment, within a period of any four consecutive academic years, for the equivalent of more than three academic years, some part of which must be served in an academic year after July first, one thousand nine hundred and forty; provided that the time any teacher, * * * had taught in the district in which he was employed at the end of the academic year immediately
preceding July first, one thousand nine hundred and forty, shall be counted in determining such period or periods of employment in that district. * * *"
The facts which give rise to the stated question are stipulated. From these facts and from the record submitted, we learn that prosecutrix holds an effective state permanent special art certificate, for elementary and high schools, dated January 2d, 1935. R.S. 18:13-1, 18:13-2.
We pass over the periods of service which prosecutrix had rendered as a substitute teacher for the Board of Education of the City of Newark (hereafter referred to as School Board), prior to the school year of 1937-1938. Prosecutrix' teaching service was continuous throughout the school year of 1937-1938 during which time she taught in various schools in Newark at a salary of $120 a month, because of the temporary leave of absence granted to the regular art teacher, a Miss Howe. For the school years 1938-1939 and 1939-1940, prosecutrix' services continued uninterruptedly as a teacher of art at Arts High School, Newark, at the salary of $160 a month and such services did not result from the temporary absence of another teacher. Upon the completion of her three years of teaching service, as aforesaid, there was an hiatus in prosecutrix' employment from the end of the academic year, in June, 1940, until November, 1940. Her teaching service during the fourth consecutive academic year, 1940-1941, consisted of the following substituted teaching assignments: one day on November 8th, 1940, as an elementary teacher, one and one-half days during December of 1940 and two days during January of 1941.
We also learn that counsel for the respective parties expressly stipulated that prosecutrix "is entitled to tenure if the time served by her during the academic year 1937-1938, plus at least one day of the four and one-half days during which she was employed in the academic year 1940-1941, can be added to the period of her services during the academic years 1938-1939 and 1939-1940, in computing the period constituting 'equivalent of more than three academic years' ...