Supreme Court of New Jersey
Charlotte Klumb, Petitioner-Respondent v. Board of Education of the Manalapan-Englishtown Regional High School…
May 11, 2009199 N.J. 14
Summary
The Supreme Court of New Jersey held that N.J.S.A. 18A:66-40(a) obligates a school district to reinstate a formerly disabled teacher to the next available opening in the position held at the time of disability retirement, provided the teacher meets certification standards. The Court found no statutory time limit on the employer's reinstatement duty and clarified that the district need not create a new position or displace another employee. The Court affirmed the Appellate Division's decision and remanded for further analysis of back‑pay, mitigation, and the teacher's delay in seeking relief.