Justices:
Don't-hit-teacher law applies only to public
schools
Wednesday, February 01, 2006 •
BY ROBERT SCHWANEBERG • Star-Ledger
Staff
A 1983 law toughening the penalties for
assaults on public school employees does not extend to
teachers in private schools, the state Supreme Court ruled
unanimously yesterday.
The decision leaves more than 20,000
educators responsible for nearly a quarter-million pupils in
private and parochial schools with less legal protection
than their colleagues in the public schools.
While the justices agreed with the
Attorney General's Office that there are "compelling"
reasons for giving the same protection to "all teachers,
private and public," they ruled that the law, as written,
does not extend to private schools. The court urged
lawmakers to consider changing the law.
"Indeed, many of the concerns expressed
about the reining in of violence in public schools are
equally applicable in the private school setting," the
justices said in a short, unsigned opinion. "Among our
sister states that have adopted enhanced sentencing
penalties for assaults on teachers, the majority protect
private school teachers as well."
Sen. Joseph Doria (D-Hudson), who
sponsored the 1983 law, said he "intended it to apply to the
private schools too."
"I disagree with their interpretation,"
Doria said. He added that he will introduce a bill to make
the tougher penalties apply in private as well as public
schools.
The high court affirmed an appeals court
ruling last March overturning the aggravated assault
conviction of Justin Cannarella of Linden, now 24, for
biting his teacher in 2002. That court said Cannarella, a
student at the private Lord Stirling School for emotionally
disturbed youths in Bernards Township, should have been
charged with simple assault.
New Jersey law automatically upgrades
simple assaults on certain victims -- such as police and
firefighters, as well as public school employees -- to the
more serious charge of aggravated assault.
Appellate Division Judge Donald Coburn
concluded that when lawmakers have meant a law to apply in
both public and private schools, they have said so
specifically. The law on teacher assaults contains no such
statement. Yesterday, the Supreme Court agreed, calling
Coburn's opinion "thorough and thoughtful."
"The Legislature needs to go back and
take a second run at it," said the Rev. Douglas Batchelder,
the state legislative liaison for the Association of
Christian Schools International. "One out of every six kids
in New Jersey is educated in a nonpublic school. That is
more than any other state in the nation."
George Corwell, director of education for
the New Jersey Catholic Conference, said teachers in public
and nonpublic schools deserve the same
protection.
"We're all in the education business and
all deal with the same kinds of problems," Corwell added. He
said there are about 140,000 students and some 20,000
employees in 370 Catholic schools in New Jersey.
Linda Moore, executive director of the
New Jersey Association of Independent Schools, said,
"Hopefully there will be some thought to making it equal.
The same risks and same issues apply in public and nonpublic
schools."
Moore said her association represents 70
private, nonprofit schools that educate about 26,000
students and have some 3,000 employees.
For Cannarella, the practical effect of
yesterday's ruling was to erase his criminal record. He
pleaded guilty to aggravated assault and was sentenced to
probation under an agreement that allowed him to challenge
the law's applicability to him.
Robert Schwaneberg covers legal issues. He may be reached
at rschwa neberg@starledger.com or (609) 989-0324.
© 2006 The Star-Ledger. Used by NJ.com with
permission.
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