Opinion
March 16, 1992
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment is affirmed, with costs.
We agree with the determination of the Supreme Court that the petitioner was entitled to be credited with her years of service as a regular substitute teacher of mathematics prior to her appointment to a probationary teaching position in that area.
Education Law § 2509 (1) (a) provides that "[t]eachers * * * shall be appointed by the board of education * * * for a probationary period of three years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years * * * the probationary period shall be limited to one year". The petitioner taught as a regular substitute teacher during the 1984-1985, 1985-1986, and 1986-1987 school years. She was then assigned to a part-time teaching position from September 8th to September 14th of 1987, prior to receiving her probationary appointment as a full time teacher.
We find that it was the Board of Education's own delay in creating an appropriate number of classes for its students that prevented the petitioner from being appointed to her probationary position at the commencement of the school year, instead of six days later. The petitioner is therefore entitled to seniority credit for her years of regular substitute teaching even though this service did not immediately precede her appointment to the probationary position (see, Ricca v Board of Educ., 47 N.Y.2d 385; Matter of Crandall, 20 Ed Dept Rep 16). The tenure system must be construed broadly in favor of the teacher, and it is necessary to strictly police procedures to prevent corruption of the system by manipulation of the requirements for tenure (see, Ricca v Board of Educ., supra, at 391). Thompson, J.P., Harwood, Rosenblatt and Ritter, JJ., concur.