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Teacher Had Not Acquired “Tenure by Estoppel”

In reversing Supreme Court, the Second Department determined a teacher had not acquired tenure by estoppel:

“In general, estoppel is a bar which precludes a party from denying [that] a certain fact or state of facts exists to the detriment of another party who was entitled to rely on such facts and had acted accordingly” … . “Tenure may be acquired by estoppel when a school board accepts the continued services of a teacher or administrator, but fails to take the action required by law to either grant or deny tenure prior to the expiration of the teacher’s probationary term” … . Although Education Law § 3012(1) provides that certain teachers shall be appointed “for a probationary period of three years,” it “does not contain a provision which would prevent a probationary teacher from knowingly and voluntarily waiving the three-year probationary period” … .

Here, as indicated by the petitioner’s own letter to the principal, the petitioner agreed to extend his probationary period for an additional year. Consequently, the petitioner’s probationary period had not expired when the School District terminated his employment and, thus, he had not acquired a tenured position by estoppel.  Matter of Chishom v Hochman, 2013 NY slip Op 05818, 2nd Dept 9-11-13

 

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