Board of Education v. Licata

Simons, J. (dissenting).

By this ruling the court holds that a teacher must be permitted to withdraw from his school employment for 30 days during the school year, not because he is required to do so, but solely as a matter of choice, to attend Marine Reserve Training, and he must be paid by the school district and the Marine Corps while doing so.

*209I cannot believe the Legislature anticipated or intended this type of windfall to teachers. Clearly, the board of education did not. Its regulations required that military leave would be granted "provided such training and participation cannot be…