New York Public Personnel Law: Part-time service does not qualify as “probationary service” for tenure purposes

August 17, 2011

Part-time service does not qualify as “probationary service” for tenure purposes

Part-time service does not qualify as “probationary service” for tenure purposes

Roese v South Country CSD, 283 AD2d 580

Sonja Roese sued the South Country Central School District in an effort to regain her job as a probationary school librarian after the district had advised her that she was to be terminated. Finding that Roese had been terminated from her position as a probationary school librarian with proper notice before her three-year probationary period ended, the Appellate Division, Second Department dismissed her appeal.

Roese had contended that she had acquired tenure by estoppel because her work as a school librarian during the period from 1991 to 1993, which was designated “part-time” work, was in reality full-time work. Thus, she argued, her service during this period should have counted toward tenure.

Clearly, said the court, “part-time teaching service does not constitute probationary service for the purpose of acquiring tenure,” citing Rosenberg v Board of Education of Westbury Public Schools, 51 AD2d 551.

Holding that “[u]nder the facts and circumstances of this case, [Roese's] work during the period from 1991 to 1993 was part-time,” the court ruled that she did not acquire tenure by estoppel.

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