Matter of Elizabeth Christian v The Department of Education of the City of New York, et al.
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Attorneys and Parties
Brief Summary
Education employment and teacher tenure; whether an approved leave of absence tolls a probationary teacher's probation period and whether the teacher acquired tenure by estoppel.
The lower court denied in part the CPLR article 78 petition [special proceeding to challenge administrative action], refused to declare that petitioner acquired tenure by estoppel, denied retroactive reinstatement as a tenured teacher, and granted in part respondents' cross-motion to dismiss.
The Appellate Division reversed the order and judgment, granted the petition, denied the cross-motion to dismiss, and declared that petitioner acquired tenure by estoppel.
Petitioner's approved leave of absence did not count toward her probationary service under Education Law 2573(15) [providing that no period in any school year for which there is no required service shall constitute a break or suspension of the probationary period] and related case law allowing extension of probation by days not worked. With 21 workdays remaining after her leave ended, respondents terminated her after her probation had already been completed, so she obtained tenure by estoppel and could not be terminated without a hearing under Education Law § 3020-a [hearing procedure required before disciplining or terminating a tenured teacher].
Background
Elizabeth Christian was serving as a probationary teacher with the Department of Education of the City of New York. Her probationary period was extended by agreement through October 1, 2019, at which point respondents were to grant completion of probation, deny completion and discontinue her employment, or further extend probation. Before that date, she took an approved leave of absence from September 3, 2019 through June 30, 2020. On September 30, 2020, respondents denied her completion of probation and terminated her employment effective that day.
Lower Court Decision
Supreme Court, New York County, partially denied Christian's CPLR article 78 petition seeking annulment of the September 30, 2020 determination, a declaration that she had acquired tenure by estoppel, and retroactive reinstatement as a tenured teacher, and partially granted respondents' cross-motion to dismiss.
Appellate Division Reversal
The Appellate Division held that Christian's leave of absence had to be excluded from the probationary period. Applying Education Law 2573(15) and Tomlinson v Ward, the court found that her probation paused on September 3, 2019 and resumed after her leave ended on June 30, 2020, leaving only 21 missed workdays to complete. Because respondents terminated her on September 30, 2020, after that remaining period had run, she had completed probation and acquired tenure by estoppel under Matter of McManus v Board of Educ. of Hempstead Union Free School Dist. As a tenured teacher, she could not be terminated without a hearing under Education Law § 3020-a.
Legal Significance
The decision confirms that an approved leave of absence tolls, rather than completes, a teacher's probationary period, and that once a school district allows a teacher to continue working beyond the properly calculated probation end date, tenure by estoppel can arise. It also reinforces that a tenured teacher is entitled to Education Law § 3020-a protections before termination.
A school district must correctly calculate probation by excluding approved leave time; if it waits too long to discontinue a teacher and the teacher continues past the adjusted probation end date, the teacher may gain tenure by estoppel and cannot be fired without a statutory hearing.