Matter of Moritz v. Board of Education, 54 N.Y.2d 865 (1981)

Part-time teaching service does not automatically fulfill the statutory requirement of a three-year probationary term for tenure eligibility under New York Education Law § 3012, unless explicitly provided for by contractual agreement.

Summary

The New York Court of Appeals held that a teacher, Moritz, was not entitled to tenure because her part-time teaching service did not satisfy the three-year probationary period required by Education Law § 3012. The court emphasized that the Commissioner of Education consistently interpreted the statute to require full-time service for tenure eligibility. While contractual agreements could grant tenure credit for part-time work, the absence of such a provision meant Moritz could not claim tenure by estoppel or acquiescence, having failed to complete the probationary term with the requisite full-time service.

Facts

Moritz sought tenure from the Board of Education. Section 3012 of the Education Law requires a three-year probationary period for teachers before they are eligible for tenure. Moritz’s teaching service was part-time. The Commissioner of Education’s policy requires full-time teaching service to satisfy the probationary period for tenure eligibility.

Procedural History

The Special Term dismissed Moritz’s petition. The Appellate Division reversed this decision. The New York Court of Appeals reversed the Appellate Division’s order, reinstating the Special Term’s dismissal.

Issue(s)

Whether part-time teaching service fulfills the statutory requirement of a three-year probationary term under Education Law § 3012, thereby entitling a teacher to a tenured appointment.

Holding

No, because the statute does not expressly provide a probationary term for part-time teachers, and the Commissioner of Education has consistently interpreted the statute to require full-time service. Furthermore, in the absence of a contractual provision granting tenure credit for part-time service, such credit is not mandated.

Court’s Reasoning

The Court of Appeals deferred to the Commissioner of Education’s long-standing interpretation of Education Law § 3012, which requires full-time teaching service to fulfill the three-year probationary term. The court noted that the statute is silent regarding part-time teachers, implying that the default requirement is full-time service. “Inasmuch as the statute does not expressly provide a probationary term for part-time teachers, the denial of tenure credit for part-time service is not arbitrary.”

The court distinguished this case from situations where a contractual agreement explicitly grants tenure credit for part-time service, citing Matter of Schlosser v Board of Educ., 47 NY2d 811. In the absence of such an agreement, the court refused to mandate tenure credit for part-time service. Moritz’s claim of tenure by estoppel or acquiescence was rejected because she had not completed the probationary term with the required full-time service. The court stated: “Having failed to complete the probationary term with the required service, petitioner may not claim tenure by estoppel or acquiescence.” This highlights the importance of clear contractual provisions in defining tenure eligibility for non-traditional employment arrangements.