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Legal win bolsters substitute teachers NYSUT effort is a blow to for-profit instruction
January 20, 2005 Substitute teaching is a rite of passage for many fledgling educators who are looking to gain classroom experience and extra money. A recent New York State United Teachers legal victory established a precedent to assure that these instructional services, like all others, are not unlawfully delegated to private corporations. After the Erie 2 BOCES (which includes component districts in Cattaraugus and Chautauqua counties) contracted with Kelly Services, Inc., to employ per diem substitute teachers for 2003-04, union lawyers filed an appeal to the state commissioner of education charging that the move illegally delegated instructional services to an independent contractor, Kelly, Inc. In November, state Education Commissioner Richard Mills ruled in favor of the petitioner, finding that BOCES had no legal authority to contract out instructional services to a private provider. BOCES bypassed "It cut down on the quality of our subs," said John LoBianco, president of the Tri-County BOCES Educational Association. He said many potential substitutes — particularly newly certified educators planning future teaching careers — bypassed BOCES in favor of districts that allowed them to accrue retirement time. "The union did a wonderful job in this case," said LoBianco. "We're really grateful." "It was an important victory in keeping educational services run by schools rather than for-profit companies," said Dunkirk Teachers Association President Joseph Sweeny. As a resident taxpayer, Sweeny was petitioner in the appeal. He is a member of the NYSUT Board of Directors. "This decision confirms the important legal principle that it is the responsibility, as a matter of state law, for districts and BOCES to provide instruction to New York 's students," said Pauline Kinsella, NYSUT executive director of field and legal services. "Shifting this responsibility to others violates the state's education law. We commend Commissioner Mills for this decision." SED reached a similar decision in a 2002 appeal brought by NYSUT lawyers on behalf of the Syracuse TA. It found that administrators lacked the authority to contract out instruction for suspended students and dropouts. — Kara E. Smith |
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