Hicksville Congress of Teachers v. Hicksville Union Free School District Board of Education

1 Citing case

  1. Freeman v. Bd. of Educ

    205 A.D.2d 38 (N.Y. App. Div. 1994)   Cited 3 times

    However, the Board not only fails to cite any authority for this argument, but, also, this argument appears incorrect. In Matter of Jones (17 Ed Dept Rep 161), the Commissioner held that for special subject areas, which include health (see, 8 NYCRR 30.8 [a] [8]), all teaching within the subject area in grades kindergarten through twelfth counted toward tenure (see also, Hicksville Congress of Teachers v Hicksville Union Free School Dist. Bd. of Educ., 118 A.D.2d 623). Indeed, although certain other sections in 8 N.Y.CRR part 30 do break down tenure areas based on the grade level taught (see, e.g., 8 NYCRR 30.4, 30.5 [kindergarten through sixth grade], 30.6 [seventh and eighth grades]), no such similar breakdown is evident in 8 NYCRR 30.8. Thus, the time the petitioner taught health at the elementary school level counts towards tenure. Therefore, as the time the petitioner devoted to teaching health at both the elementary and high school level clearly exceeded the two-year probationary period, the petitioner achieved tenure in this area by estoppel.