The Court of Appeals, in a full-fledged opinion by Judge DiFiore, determined the petitioner, a teacher with tenure who resigned and was then rehired, was not rehired with tenure. The NYC Board of Education Chancellor’s Regulations required, in order to be rehired with tenure, the teacher must submit a written request to withdraw the resignation which is subject to a medical examination and the approval of the Chancellor. Because the petitioner did not submit a written request to withdraw his resignation his rehiring was without tenure. Matter of Springer v Board of Educ. of the City Sch. Dist. of the City of N.Y., 2016 NY Slip Op 02553, CtApp 4-5-16
EDUCATION-SCHOOL LAW (TEACHER WITH TENURE WHO RESIGNED AND WAS THEN REHIRED WAS NOT REHIRED WITH TENURE; THE TEACHER FAILED TO COMPLY WITH THE REGULATION REQUIRING A WRITTEN WITHDRAWAL OF THE RESIGNATION SUBJECT TO THE APPROVAL OF THE CHANCELLOR)/TEACHERS (TEACHER WITH TENURE WHO RESIGNED AND WAS THEN REHIRED WAS NOT REHIRED WITH TENURE; THE TEACHER FAILED TO COMPLY WITH THE REGULATION REQUIRING A WRITTEN WITHDRAWAL OF THE RESIGNATION SUBJECT TO THE APPROVAL OF THE CHANCELLOR)/TENURE (TEACHER WITH TENURE WHO RESIGNED AND WAS THEN REHIRED WAS NOT REHIRED WITH TENURE; THE TEACHER FAILED TO COMPLY WITH THE REGULATION REQUIRING A WRITTEN WITHDRAWAL OF THE RESIGNATION SUBJECT TO THE APPROVAL OF THE CHANCELLOR)