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High court affirms seniority protection for teaching assistants Feburary 3, 2005 A recent New York State United Teachers legal victory sent a clear message to administrators: When it comes to layoff protection, seniority rights guaranteed under state Education Law aren't just for classroom teachers. After nearly five years of appeals, New York state's highest court ruled in December that five teaching assistants who were improperly laid off by the Oneida-Madison BOCES at the end of the 2000-01 year should be reinstated and given back pay. The decision is the end of the road for litigation that ping-ponged from state ed Commissioner Richard Mills, who initially called for the teaching assistants' reinstatement; to the state Supreme Court, which reversed Mills' decision; to the Appellate Division, which reversed the lower court ruling. BOCES appealed to the Court of Appeals, which affirmed the Appellate Division order. Problems began when BOCES laid off nine assistants based on seniority within the academic areas facing cutbacks, rather than within the TA category at large — a violation of state education law. The five TAs who brought the case held seniority over TAs working in other academic areas who were retained. "I'm pleased that our folks are going to recoup any losses they may have experienced," said David Hagadorn, president of Madison Oneida County BOCES Teachers Association, who thanked NYSUT for its support. "The Court of Appeals, New York 's highest court, has once again affirmed the rights of certified educators, including teaching assistants, to broad tenure protection as a matter of public policy," said Pauline Kinsella, NYSUT executive director of field and legal services. "We are very pleased we could help not only the particular individuals affected by this case, but the entire profession of teaching assistants." — Kara E. Smith |
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