NYC teacher counted summer shifts toward tenure – court said no

His argument was creative. He had worked during the summers of 2019 and 2020, and said that unbroken employment should count toward the four-year clock – meaning he had already crossed the line into tenure before the DOE moved to end his job. 

The court was not persuaded. Under New York’s General Construction Law, one “year” means a calendar year – not an accumulation of working days. The summers did not speed up his timeline. His employment ended within the four-year window, and he had not earned tenure. 

In the summer of 2021, the teacher became the subject of an investigation into what the court described as “his use of excessive force in restraining a student.” On June 27, 2022 – still within his probationary period – the DOE denied his sign-off on probation and ended his employment, effective September 1, 2022. 

The charges against him were sustained in November 2022. 

He went to court, filing what New York calls an Article 78 proceeding – essentially asking a judge to reverse a government agency’s decision. He wanted reinstatement as a tenured teacher, plus back pay and benefits. The Supreme Court, Kings County, denied the petition in July 2024. He appealed.