Yorktown Heights, NY asked in Employment Law and Education Law for New York

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?

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3 Lawyer Answers
Bruce McBrien
Bruce McBrien
Answered
  • Hauppauge, NY
  • Licensed in New York

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.

V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

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 Eran Janay agrees with this answer

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • Education Law Lawyer
  • San Jose, CA
  • Licensed in New York

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.

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