Matter of Remus v. Board of Education for Tonawanda City School District; Shaffer v. Schenectady City School District

Summary

The New York Court of Appeals held that a school board resolution granting a probationary teacher tenure effective on a specified future date does not confer tenure protections until that date. Accordingly, the teacher remains probationary and may be terminated without the disciplinary procedures applicable to tenured teachers before the effective date. The Court affirmed the order in Matter of Remus and answered the first certified question in Shaffer negatively, rendering the second question unnecessary.

Holdings

1. Education Law § 2509 authorizes a school board to appoint a probationary teacher to tenure before expiration of the probationary period, and the statute does not require a formal offer and acceptance of tenure.
2. A Board resolution granting a probationary teacher tenure effective on a specified future date confers tenure, and the associated tenure protections, only as of that specified future date.
3. Remus was not entitled to tenure protections before the September 2, 1998 effective date stated in the Board's resolution, so the rescission and termination before that date did not require a disciplinary proceeding under Education Law § 3020-a.
4. The June 2, 1998 Board resolution did not immediately give Shaffer entitlement to the protections accorded tenured teachers under the Education Law because it specified a future tenure effective date of September 1, 1998.

Questions Presented

1. Whether Education Law § 2509 permits a school board to appoint a probationary teacher to tenure before expiration of the probationary period.
2. Whether a Board resolution granting tenure effective on a specified future date immediately confers tenure benefits and protections, or confers them only on the specified effective date.
3. In Shaffer, whether the June 2, 1998 Board action entitled her to the protections accorded tenured teachers under the Education Law.
4. In Shaffer, whether the June 17, 1998 action constituted a lawful revocation of tenure.

Disposition

other