Teacher seeking unemployment insurance benefits between school years found ineligible to receive benefits because she had a reasonable assurance of continued employment

Teacher seeking unemployment insurance benefits between school years found ineligible to receive benefits because she had a reasonable assurance of continued employment
Matter of Vazquez (Commissioner of Labor), 2015 NY Slip Op 08234, Appellate Division, Third Department

Ana M. Vazquez worked as a substitute teacher for the New York City Department of Education (DOE) during the 2013-2014 academic school year. Prior to the close of the academic school year DOE notified Vazquez, in writing, that it anticipated the same need for substitute teachers going forward into the 2014-2015 academic school year and that the terms and conditions of her employment would remain substantially the same.

Vazquez, after confirming that she received this letter, applied for unemployment insurance benefits. The Department of Labor found that she was ineligible to receive such benefits because she had received a reasonable assurance of continued employment during the 2014-2015 academic year. This determination of ineligibility was sustained by an Administrative Law Judge [ALJ]  following a hearing and later by the Unemployment Insurance Appeal Board. Vazquez appealed the Board’s determination.

The Appellate Division affirmed the Board’s ruling, noting that Labor Law §590(10), bars professionals who are employed by educational institutions from receiving unemployment insurance benefits during the period between two successive academic periods if they have received a reasonable assurance of continued employment*.

The court said that in the course of the administrative hearing before the ALJ DOE’s representative stated that Vazquez had worked 169 out of a total of 180 days during the 2013-2014 academic school year at a rate of $154.97 per day and indicated that Vazquez’s per diem rate would be $158.09 during the 2014-2015 academic school year. DOE’s representative also indicated that he anticipated that Vazquez would receive the same amount of work during the 2014-2015 academic school year because the DOE was not under any budgetary constraints.

The Appellate Division concluded that DOE correspondence to Vazquez advising her of the continued need for substitute teachers during the 2014-2015 academic year on substantially the same economic terms and conditions that were offered the year before constituted “substantial evidence” supporting the Board's conclusion that Vazquez had received a reasonable assurance of continued employment and was, therefore, ineligible to receive unemployment insurance benefits between the two school years.

* "A reasonable assurance of continued employment" has been interpreted to have been satisfied by  a representation by the employer that substantially the same economic terms and conditions will continue to apply to the extent that the claimant would receive at least 90% of the earnings received during the first academic period during the second academic year.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_08234.htm

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Commissioner of Education lacks jurisdiction to review if reports of alleged child abuse by school administrators are made consistent with the Social Services Law

Commissioner of Education lacks jurisdiction to review if reports of alleged child abuse by school administrators are made consistent with the Social Services Law

Appeal of M.I.B., on behalf of his son, from actions of the Board of Education of the Tuxedo Union Free School District regarding reports of child abuse. Decisions of the Commissioner of Education, Decision No. 16,847

In this appeal M.I.B. challenged Tuxedo Union Free School District’s [Tuxedo] staff members filing, on at least three separate occasions, reports of suspected child abuse involving M.I.B.’s family with New York State Department of Social Services' Child Protective Services [CPS].

M.I.B. said that while he understood a school district had a duty to report any such abuse to CPS, the filing of “incorrect complaints on a regular basis” violated the law and asked the Commissioner, among other things, to investigate and take “appropriate action” against Tuxedo’s employees. 

The Commissioner noted that Tuxedo’s director of student services and human resources had earlier addressed the M.I.B.’s concerns that were set out in a letter to Tuxedo and explained that all professional staff members of the school “are mandated reporters of suspected child abuse to CPS,” and outlined the procedures followed in making such reports.  The director also stated, among other things, that it had been found that proper procedures had been followed regarding M.I.B.’s complaints. 

M.I.B. contended that Tuxedo was “harassing” his family by “repeatedly filing incorrect reports of [c]hild abuse” to CPS and alleged that between in an eight month period had filed three reports, all of which were dismissed by CPS as unfounded. 

After addressing two procedural matters the Commissioner ruled that the appeal must be dismissed for lack of jurisdiction. 

The Commissioner explained that the provisions of Article 6 of Title 6 of the Social Services Law (§§411-428) set forth the scheme for mandatory reporting by school officials of suspected cases of child abuse or maltreatment. 

In this instance, said the Commissioner, CPS investigated the reports about which M.I.B. complained and found them to be unfounded.  Therefore, the relief M.I.B. requests would be based on a finding that Tuxedo engaged in misconduct by making the reports to CPS.  

However, the Commissioner said that she has “no authority to review whether such reports are appropriately made in accordance with the Social Services Law” Further, said the Commissioner, she does not have jurisdiction to request that school officials stop filing reports of suspected abuse to CPS or that school officials contact the parents prior to doing so, opining that to do so “would undermine the legislative purpose in requiring that such reports be made by school officials.”

Thus, said the Commissioner, M.I.B.’s appeal must be dismissed for lack of jurisdiction. 

The decision is posted on the Internet at:

http://www.counsel.nysed.gov/Decisions/volume55/d16847