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Probst v. Board of Education of Borough of Haddonfield

Decided: June 21, 1991.

PAMELA PROBST, PETITIONER-APPELLANT,
v.
BOARD OF EDUCATION OF THE BOROUGH OF HADDONFIELD, CAMDEN COUNTY, RESPONDENT-RESPONDENT



On appeal from the State Board of Education.

Judges Antell and Keefe. The opinion of the court was delivered by Keefe, J.A.D.

Keefe

The issue to be decided is whether a full-time teacher who is employed in a school district that has adopted a salary schedule pursuant to N.J.S.A. 18A:29-4.1 and has her employment and adjustment increments withheld for one school year pursuant to N.J.S.A. 18A:29-14 must be returned to the salary schedule in the next succeeding year after the increments were withheld, albeit one step behind other teachers with the same employment experience as petitioner. We conclude that a teacher must be so restored and reverse the decision of the State Board of Education.

The facts are not in dispute. Petitioner, Pamela Probst, is a tenured teacher employed by the respondent, Haddonfield Board of Education (Board). In school year 1986-87, petitioner received an annual salary of $25,000. That salary corresponded to a middle step (J/K) on the salary guide (applicable to teachers with baccalaureate degrees) which the Board had adopted for its teaching staff for a three year period commencing in the school year 1986-87.*fn1

MIDDLE

STEP STEP 1986-1987 1987-1988 1988-1989

J $24,600 $25,900 $27,200

J/K 25,000 26,300 27,600

K 25,400 26,700 28,000

K/L 25,800 27,100 28,400

L 26,200 27,500 28,800

L/M 26,600 27,900 29,200

M 27,000 28,300 29,600

At a June 25, 1987 public meeting, the Board voted to withhold petitioner's employment and ...


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