Springer v. Board of Education

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After achieving tenure at Food and Finance High School, Petitioner voluntarily resigned from his teaching position. Petitioner was later hired as a teacher at Wadleigh Secondary School for the Performing and Visual arts. Petitioner received a rating of “unsatisfactory” for the school year and, consequently, was terminated. Petitioner brought this N.Y. C.P.L.R. 78 proceeding arguing that he was a tenured teacher upon his reappointment, and therefore, his termination without just cause and without following the procedures in N.Y. Educ. Law 3020-a was unlawful, arbitrary and capricious, or an abuse of discretion. Supreme Court denied the petition and dismissed the proceeding for failure to exhaust administrative remedies. The Appellate Division affirmed on a different ground, holding that when Petitioner was rehired, his tenure was not ipso facto restored. The Court of Appeals affirmed, holding (1) a tenured teacher who resigns, and who later seeks to return as a tenured teacher must strictly comply with paragraph 29 of New York City Board of Education Chancellor’s Regulation C-205 (C-205(29)) and submit a written request to withdraw his prior resignation; and (2) absent a request to withdraw his resignation, Petitioner failed to meet the requirements of C-205(29) for reinstatement with tenure. View "Springer v. Board of Education" on Justia Law