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There's just no substitute State rules again that subs are not 'Kelly temps' 
Sept. 21, 2006 Ellicottville TA members celebrate a decision that keeps substitute teaching out of the hands of private, for-profit companies. From left are Kathy Martin, Kim Woodarek, Gay Fitzpatrick and Lynette Sexton. In another victory underlining the point that school districts must maintain direct responsibility for providing public education, state Education Commissioner Richard Mills has found that a school district cannot contract with a private for-profit company for substitute teachers. Mills annulled a contract between the Ellicottville schools in southwestern New York and Kelly Services, saying that a school district lacks the authority to hire independent contractors for instructional or educational services. The regulations provide that "the responsibility for the employment of appropriately qualified substitutes rests with the chief school officer." This ruling marks the second time NYSUT lawyers have succeeded in voiding a contract for Kelly Services to provide subbing services. Last year, Mills annulled a per diem sub contract between Erie 2 BOCES and Kelly Services because state law does not include for-profit corporations in its list of entities that a BOCES can contract with for educational services. A state Supreme Court judge confirmed that ruling in December, although Kelly Services and Erie 2 BOCES have appealed that decision. "This decision affirms state law, which requires that school districts be accountable to the students they serve, and which prohibits shifting that accountability to private for-profit corporations," said Pauline Kinsella, NYSUT's executive director. "The commissioner's decision in this case not only correctly interprets the law, it also supports the public policy that underlies it." Kim Woodarek, president of the Ellicottville Teachers Association, applauded the ruling that put subbing back in the hands of district employees. "Our students are best served when we are in charge of their instruction, and that includes when a substitute teacher is called in," said Woodarek, the petitioner in the case. While some substitutes were the same people the district had hired for years, "too often unqualified teachers were hired to come cover classes, while we knew of retired teachers who were on our preferred sub lists, who were willing to come in, who were not being called," Woodarek said. One of those was Nancy Rogan, a 33-year veteran who retired last year to spend time with grandchildren. "I know the materials and I know the policies," said Rogan. "In many cases, I know the lesson plans. And I live two minutes from the school." Ellicottville is a small district in Cattaraugus County with fewer than 800 students enrolled. A large percentage of school employees live in the picturesque area that is home to two downhill ski centers and a number of festivals that celebrate rodeo, Mardi Gras, arts and crafts, and autumn in the Enchanted Mountains. "We love working here," said Gay Fitzpatrick, a fifth-grade teacher. "It's a real team effort." — Betsy Sandberg |
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