Wild v. Board of Education of the Forestville Central School District

Appellate Division of the Supreme Court of New York

Wild v. Board of Education of the Forestville Central School District

166 A.D.2d 901, 560 N.Y.S.2d 563, 1990 N.Y. App. Div. LEXIS 12166

Appellate Division of the Supreme Court of the State of New York·Decided October 5, 1990·Published·Cited by 2 cases

Opinion

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: By reducing defendant’s full-time position as industrial arts teacher to a part-time position, the Board effectively abolished the full-time position and created a new part-time position.

Petitioner, who is the only person teaching industrial arts, [902]*902contends that he holds tenure as a general secondary teacher and that another teacher in that tenure area less senior to him should be reduced to part-time employment. We conclude, however, that petitioner received tenure not as a general secondary teacher but in the special subject area of "Industrial Arts” (see, 8 NYCRR 30.8). Although defendant was appointed before August 1, 1975, the effective date of 8 NYCRR part 30, the Board of Education has shown that the classification of industrial arts teacher "was traditionally treated as a separate and distinct tenure area by the board and that persons hired for the position [including petitioner] were 'sufficiently alerted to the fact that in * * * taking on the duties of [the classification] they were entering an entirely independent tenure area’ ” (Waiters v Board of Educ., 46 NY2d 885, 887, quoting Steele v Board of Educ., 40 NY2d 456, 463). (Appeal from judgment of Supreme Court, Chautauqua County, Ricotta, J.—art 78.) Present—Dillon, P. J., Callahan, Boomer, Green and Balio, JJ.

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Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: By reducing defendant’s full-time position as industrial arts teacher to a part-time position, the Board effectively abolished the full-time position and created a new part-time position.

Petitioner, who is the only person teaching industrial arts, [902]*902contends that he holds tenure as a general secondary teacher and that another teacher in that tenure area less senior to him should be reduced to part-time employment. We conclude, however, that petitioner received tenure not as a general secondary teacher but in the special subject area of "Industrial Arts” (see, 8 NYCRR 30.8). Although defendant was appointed before August 1, 1975, the effective date of 8 NYCRR part 30, the Board of Education has shown that the classification of industrial arts teacher "was traditionally treated as a separate and distinct tenure area by the board and that persons hired for the position [including petitioner] were 'sufficiently alerted to the fact that in * * * taking on the duties of [the classification] they were entering an entirely independent tenure area’ ” (Waiters v Board of Educ., 46 NY2d 885, 887, quoting Steele v Board of Educ., 40 NY2d 456, 463). (Appeal from judgment of Supreme Court, Chautauqua County, Ricotta, J.—art 78.) Present—Dillon, P. J., Callahan, Boomer, Green and Balio, JJ.

Wild v. Board of Education of the Forestville Central School District, 166 A.D.2d 901, 560 N.Y.S.2d 563, 1990 N.Y. App. Div. LEXIS 12166 (N.Y. Ct. App. 1990).

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166 A.D.2d 901 (Wild v. Board of Education of the Forestville Central School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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