Court Upheld School District's Decision that Probationary Teacher Did Not Acquire Tenure by Estoppel
Matter of Andrews v. Board of Education of the City School District of the City of New York
Petitioner sought pursuant to CPLR article 78 to “acquire tenure by estoppel and to compel respondents to reinstate her as a tenured teacher.”
Petitioner never received a 60-day written notice that she was not recommended for tenure. This is mandated by Education Law 2573(1)(a) and 3012(2). She had gone to work the day after her probationary term ended.
The Court did not find that Petitioner had acquired tenure by estoppel as respondents did not “with full knowledge and consent” consent to Petitioner’s return to work after her probationary period ended. Petitioner had knowledge of her discontinuance of service in March of 2009 and when she reported to work after her probationary term expired, was told immediately of her termination and was given no assignments. Respondent’s proceedings “speak loudly against any supposition that (they) meant to perpetuate (petitioner’s) employment.”
