Matter Rebecca Taylor Et Al. v. Jack Berberian Book Reviews

Matter Rebecca Taylor Et Al. v. Jack Berberian by Court of Appeals of New York Book Summary

In cities having a population of 400,000 or more, the discretion to grant tenure to a principal upon completion of his or her probationary period lies exclusively in the superintendent of schools (see Matter of Caraballo v Community School Bd. Dist. 3, 49 N.Y.2d 488; Education Law, § 2573, subd 6). And, although the school board retains ultimate discretion over the termination of a principal during the probationary period (see Education Law, § 2573, subd 1, par [b]), that discretion may not be fairly read to extend beyond the end of the probationary period. To hold otherwise would constitute an arrogation of the superintendents discretion over tenure decisions by the school board. Consequently, upon respondents determination not to recommend petitioner for tenure and to terminate her services after completion of the probationary period, petitioner may not be deemed to have acquired tenure by the school boards inaction.

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Matter Rebecca Taylor Et Al. v. Jack Berberian (Court of Appeals of New York) Book Reviews 2024

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