Former Newark teacher Peter Kowalsky is being reinstated after the New Jersey Supreme Court declined to hear an appeal in the case, his attorney said
NEWARK -- More than three years after he was fired, a former Newark teacher is preparing to return to work after winning a legal battle over his tenure status and medical leave after he was severely beaten by a student.
Peter Kowalsky is expected to be reinstated in the coming weeks after the New Jersey Supreme Court about a month ago denied the Newark school district's request to hear an appeal in the case, according to his attorney, Eugene Liss.
The long-running dispute began when school officials fired Kowalsky in August 2012 for budgetary reasons, saying he had not attained tenure status.
An Administrative Law Judge ruled in June 2013 that Kowalsky had attained tenure status, but the next month, the New Jersey Education Commissioner rejected that ruling and found that Kowalsky never acquired tenure as a result of his medical leave.
But in May, a state appeals court reversed the commissioner's decision. The appellate panel ruled Kowalsky was a tenured teacher and must be reinstated to his position, along with back pay and other benefits owed to him.
The school district asked the Supreme Court to hear an appeal of that appellate decision, but the court denied that request.
In a statement, Liss said the Supreme Court declined to take on the case, "because the law was crystal clear that Kowalsky had met all the requirements to have earned tenure."
Kowalsky claimed the commissioner's and former Newark Superintendent Cami Anderson's "obvious intention was simply to cause Kowalsky to spend years fighting his way back to get the justice he deserved."
"It's sad the State taxpayers had to pay for this folly when it could have all be averted initially by common sense," Kowalsky said.
Liss estimated Kowalsky is owed about $300,000 in back pay, in addition to contributions to his pension.
In response to the Supreme Court's ruling and Liss's comments, the school district issued the following statement:
"We know that having high quality teachers in our classrooms is pivotal to the success of our students. NPS does not take any legal process involving the termination of teachers lightly.
"While not all rulings will align with our internal judgments, our priority will continue to be to support and develop our teaching force in a way that we believe best serves the needs of our students and their families.
"We remain proud of our teachers and the hard work that they do every day in service of our Newark students."
MORE: N.J. teacher, attacked by student, regains job in tenure fight
Kowalsky began working as a full-time health and physical education teacher in Newark on Sept. 1, 2005, according to the appellate decision.
Less than three months later, Kowalsky was attacked by a student on Nov. 28, 2005, causing "fractures to his right hip and femur, disc herniations, and a torn meniscus," the decision states.
Kowalsky went on medical leave and the district's doctors allowed him to return to work in October 2006, court documents state. The following month, however, the doctors placed Kowalsky on medical leave again, court documents state.
In September 2009, Kowalsky returned to work and worked during the following three school years, court documents state. During that period, he received positive job evaluations, court documents state.
The district notified Kowalsky in August 2012 that his position would be terminated "due to his 'non-tenured status coupled with budgetary restraints,'" according to the appellate decision.
Kowalsky initially filed an appeal in October 2012 with the state Department of Education, and the case was sent to the administrative law judge, according to the appellate decision.
In finding that Kowalsky had attained tenure status, the appeals court determined he remained a district employee while on medical leave.
Therefore, Kowalsky was an employee for more than three school years within a period of four consecutive school years - which is one of the ways of attaining tenure status, the decision states.
The appellate panel also noted that, during Kowalsky's medical leave, the district continued to make pension, health benefit and life insurance contributions on his behalf.
After Kowalsky ultimately returned to work, the district identified him as having been tenured in forms related to two formal observations and an evaluation, according to the decision.
"There is nothing in the record to suggest, therefore, that petitioner's employment relationship with the District ceased while he was on medical leave," the decision states.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.
