Alessi v. Board of Education
105 A.D.3d 54
| N.Y. App. Div. | 2013Background
- Petitioner Peradotto sought to annul the district's determination that she was the least senior teacher in the foreign language tenure area and sought seniority credit for prior service.
- She was first hired in September 2006 as a part-time Spanish teacher, then became a full-time probationary Spanish teacher in November 2006.
- Tenure in the foreign language area was granted on June 9, 2009, effective November 9, 2009, while she lacked permanent certification due to failing the CST in July 2009.
- In October 2009 the superintendent demanded resignation due to uncertified status; she resigned but was promised rehiring as a substitute and later as a full-time probationary teacher upon certification.
- She retook and passed the CST in December 2009; by February 2010 she obtained permanent certification and was rehired in February 2010.
- During 2010-2011 the district anticipated budget-driven elimination of the foreign language tenure position and, in June 2011, determined she was the least senior teacher and would be laid off.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Peradotto is entitled to seniority credit for 2006-2010. | Peradotto argues she accumulated actual full-time service in the tenure area during that period. | District contends pre-2010 service was interrupted by resignation and not creditable. | Yes; entitlement to seniority credit for Nov 6, 2006–Feb 10, 2010. |
| Whether the October 2009 resignation severed employment and forfeited seniority. | Peradotto contends resignation was not a true severance and was a mechanism to comply with certification rules. | District argues resignation terminated employment and severed seniority. | No; resignation did not meaningfully sever service for seniority purposes. |
| Whether Peradotto was a regular substitute eligible for seniority after resignation. | Peradotto contends she was rehired as a regular substitute, not a per diem substitute. | District maintained the rehiring was per diem with limited seniority rights. | Yes; she was a regular substitute for seniority accrual. |
| What should the remedy be given the proper seniority ruling. | Petition should be granted with reinstatement and back pay based on corrected seniority. | Maintaining the district's decision was appropriate absent the seniority reform. | Petition granted in part; annul and reinstate with back pay and benefits. |
Key Cases Cited
- Lezette v. Board of Education, Hudson City School Dist., 35 N.Y.2d 272 (1974) (seniority based on length of service; equal service allows district discretion)
- Schoenfeld v. Board of Cooperative Educational Services of Nassau County, 98 A.D.2d 723 (1983) (length of service in tenure area; full-time substitute counts as service)
- Kransdorf v. Board of Education of Northport-East Northport Union Free School District, 81 N.Y.2d 871 (1993) (priority of earlier appointment; special consideration of seniority when service equal)
- Gerson v. Board of Education of Comsewogue Central School District, 214 A.D.2d 732 (1995) (treatment of resignation and severance in seniority calculations)
- Morehouse v. Mills, 268 A.D.2d 767 (2000) (seniority rights and protections when a teacher resigns)