[DOWNLOAD] "Matter Susan Skliar v. Board Education" by Supreme Court of New York * Book PDF Kindle ePub Free

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• Title: Matter Susan Skliar v. Board Education
• Author : Supreme Court of New York
• Release Date : January 29, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

On April 29, 1970, petitioner was offered a full-time probationary appointment for three years as a reading teacher for the school year commencing September 1, 1970. Petitioner accepted the position and for the ensuing two years performed satisfactorily in all respects. Thereafter, on April 27, 1972, petitioner was informed by respondents that for the 1972-1973 school year her services would be reduced from a full-time position to a half-time position. The reason given by respondents was a budget cut. Notwithstanding the reduction in positions, respondents set up a reading program which required the use of three full-time and two half-time reading teachers. Petitioner then commenced this proceeding alleging (a) that the teacher, Edith Fastow, who received the other half-time position has less seniority than petitioner; (b) that because of petitioners seniority she should have been assigned to fill both half-time positions; and (c) that respondents filled one of the remaining full-time positions with a teacher, Fran Kritchek, having less seniority than petitioner. It was respondents position that the other half-time position was filled by a teacher having greater seniority than petitioner, that it was administratively impossible to utilize the services of a teacher half-time in the junior high school and half-time in the senior high school in respondents reading program, and that the teacher Fran Kritchek, selected to fill one of the remaining full-time positions has superior educational credentials than petitioner. Based on the papers presented to it, Special Term dismissed the petition finding, inter alia, that section 2510 of the Education Law does not apply to respondents school district. In our opinion, it was error to dismiss the petition. We find merit in that portion of the petition which alleges that petitioner should have been placed in the available full-time position. Section 2510 of the Education Law is applicable to respondents school district (Matter of Baron v. Mackreth, 30 A.D.2d 810, affd. 26 N.Y.2d 1039). Thus, it was incumbent upon respondents to abide by the provisions of the statute. Subdivision 2 thereof provides that "whenever a board of education abolishes a position under this chapter, the services of the teacher having the least seniority in the system within the tenure of the position abolished shall be discontinued." It is undisputed [45 A.D.2d 1012 Page 1013]

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