Q: If appointed in one area, but then taught in another, can I get tenure by estoppel before I am certified in the other?
I live in New York state. I was hired in 2001 and appointed as a special education teacher in a non NYC district. I received my certification in elementary and special education, but then was assigned to be a gen ed math teacher after two years in the district. I have been teaching gen ed math in this district for 14 years. Do I have tenure by estoppel after teaching math for three years, even though I was not certified in math at the time? Since I never worked the required three years in special ed to be tenured in special ed, could the district assign me to an all special ed position on the basis of that being what they appointed me as? My current position will no longer exist this upcoming school year because of reduced enrollment, and I do not wish to teach special education. Am I able to contest this assignment on the basis of not having worked the three years in special ed and being granted math tenure?
A: The first question I would ask is if you are a member of a Union. If you are a member of a Union, the answer to your question is probably in your collective bargaining agreement. You should read it carefully or contact a labor attorney to review the agreement.
A:
You are a union employee correct? What does your collective bargaining agreement say?
The Department of Education certifies you correct? Have you contacted them?
You do know that we as lawyers would have to invest time to carefully read, review and analyze, with research, your very specific and unique scenario correct?
You have several options. You can rely on your union or the certifying organizations for answers. Or you can bring all of your documents to a lawyer who will need to dedicate several hours time giving you an answer you can rely on. You would want to pay for a thorough analysis so you can rely on the opinion right?
Barry E. Janay agrees with this answer
A: It depends on the union rights you have, and also the related law. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
