Misfeasence?

[rlatour]

What is the name of your state (only U.S. law)? New York
I have been in my current teaching position for five years and am tenured.I recently was excessed supposedly because of lack of seniority. The fact is that the school district had to terminate my position because I was not properly certified at the onset of employment. That is- on the original job posting it said I need "x" certification, to which I got. Now, five years later I am being let go. Currently the case has been sent to NYSUT legal for them to determine the legalities of this action. What free advice does the forum have? Do I have a civil case on the grounds of misfeasance? Do I have a case on unlawful termination?

EDIT: A NYSED audit flagged my as unqualified during the programs reapproval cycle.

 

[Humusluvr]

What is the name of your state (only U.S. law)? New York
I have been in my current teaching position for five years and am tenured.I recently was excessed supposedly because of lack of seniority. The fact is that the school district had to terminate my position because I was not properly certified at the onset of employment. That is- on the original job posting it said I need "x" certification, to which I got. Now, five years later I am being let go. Currently the case has been sent to NYSUT legal for them to determine the legalities of this action. What free advice does the forum have? Do I have a civil case on the grounds of misfeasance? Do I have a case on unlawful termination?

EDIT: A NYSED audit flagged my as unqualified during the programs reapproval cycle.

mis·fea·sance
 
1.
a wrong, actual or alleged, arising from or consisting of affirmative action.
2.
the wrongful performance of a normally lawful act; the wrongful and injurious exercise of lawful authority.

mal·fea·sance
 
–noun Law .
the performance by a public official of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used especially of an act in violation of a public trust). Compare misfeasance ( def. 2 ) , nonfeasance.

I think you are looking for the word malfeasance.

I need some clarification here. You took a job, which asked for x certification. You have x certification. But it turns out you really needed y certification, and so you have actually not been qualified to teach the subject you have been teaching, the entire time?

That would have been the fault of the certification officer, not you, if they hired you but screwed up on which certification you needed. I would say you definitely should take it up with your teacher's union. Obviously, if you are unqualified for your current position, you can't be retained in that position. BUT, if you have seniority over another teacher who teaches what YOU are certified to teach - subject x - then THEY should be RIF'd before you. (RIF = Reduction in Force) If you have the least seniority, then you would be let go, and there's little you could do about it.

Why didn't you know that you weren't certified for the position you took?

 

[rlatour]

mis·fea·sance
 
1.
a wrong, actual or alleged, arising from or consisting of affirmative action.
2.
the wrongful performance of a normally lawful act; the wrongful and injurious exercise of lawful authority.

mal·fea·sance
 
–noun Law .
the performance by a public official of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used especially of an act in violation of a public trust). Compare misfeasance ( def. 2 ) , nonfeasance.

I think you are looking for the word malfeasance.

I need some clarification here. You took a job, which asked for x certification. You have x certification. But it turns out you really needed y certification, and so you have actually not been qualified to teach the subject you have been teaching, the entire time?

That would have been the fault of the certification officer, not you, if they hired you but screwed up on which certification you needed. I would say you definitely should take it up with your teacher's union. Obviously, if you are unqualified for your current position, you can't be retained in that position. BUT, if you have seniority over another teacher who teaches what YOU are certified to teach - subject x - then THEY should be RIF'd before you. (RIF = Reduction in Force) If you have the least seniority, then you would be let go, and there's little you could do about it.

Why didn't you know that you weren't certified for the position you took?

The job posting listed three different certifications that would be acceptable. At the time I did not have any of the them, but got "X" at the instruction of the certification specialist.

Background Info: I currently hold a NYS Permanent certification in 7-12 Mathematics. The certification in question is the Electro-Mechanical Repair and installation.

During my 6 years of teaching Math I also taught Computer Programming. I also have 12 years of work related experience in the field of electronics. The two together...course work in Math, teaching Computer Programming + Field experience are how I got the "x" certification. The position I am being excessed from is a BOCES Information Technology class. To answer your question- I never thought I was "unqualified". The case has gone to the NYSUT legal team in Albany. I am curious what legal rights I have to the apparent negligence of the Certification Specialist and the School Board that Tenured me.

 

[Humusluvr]

The job posting listed three different certifications that would be acceptable. At the time I did not have any of the them, but got "X" at the instruction of the certification specialist.

Do you have that, in writing?

Background Info: I currently hold a NYS Permanent certification in 7-12 Mathematics. The certification in question is the Electro-Mechanical Repair and installation.

During my 6 years of teaching Math I also taught Computer Programming. I also have 12 years of work related experience in the field of electronics. The two together...course work in Math, teaching Computer Programming + Field experience are how I got the "x" certification.

So, you taught Math - and are certified to teach Math. You also taught Computer Programming on the side? Like one period of the day?

The position I am being excessed from is a BOCES Information Technology class.

Is this the only class you are teaching now? How long have you been teaching BOCES?

To answer your question- I never thought I was "unqualified". The case has gone to the NYSUT legal team in Albany. I am curious what legal rights I have to the apparent negligence of the Certification Specialist and the School Board that Tenured me.

If the school moved you into a position for which you were not certified, then they need to put you back into a Math position for which you are certified. Unless you are the least-seniority Math teacher, and then I could understand why they don't have a position for you.

I can totally understand how your background and certification led you to believe you were qualified to teach BOCES. You probably ARE more qualified to teach it than anyone. But if you are not certified through the state - that's a different ball game. Being that you have the Math certification - can you challenge the BOCES certification test? When I taught Biology, I could challenge any of the other science tests, once I had the initial test under my belt. I don't know if it is the same in NY, but that is how it worked in Ohio and Texas, where I taught. If you could get that certification, could you keep your job?

As far as rights to damages - I'm not sure you'll get that. The Certification Specialist was definitely at fault, and I think you could argue that the school should place you in a position that you ARE certified for, because of THEIR mistakes. I don't think the School Board will have any negligence - they didn't know any better than you did that you weren't certified.

What's your timeline of subjects taught? What year did you teach each subject, and how many periods a day?

 

[rlatour]

Do you have that, in writing?



So, you taught Math - and are certified to teach Math. You also taught Computer Programming on the side? Like one period of the day?



Is this the only class you are teaching now? How long have you been teaching BOCES?



If the school moved you into a position for which you were not certified, then they need to put you back into a Math position for which you are certified. Unless you are the least-seniority Math teacher, and then I could understand why they don't have a position for you.

I can totally understand how your background and certification led you to believe you were qualified to teach BOCES. You probably ARE more qualified to teach it than anyone. But if you are not certified through the state - that's a different ball game. Being that you have the Math certification - can you challenge the BOCES certification test? When I taught Biology, I could challenge any of the other science tests, once I had the initial test under my belt. I don't know if it is the same in NY, but that is how it worked in Ohio and Texas, where I taught. If you could get that certification, could you keep your job?

As far as rights to damages - I'm not sure you'll get that. The Certification Specialist was definitely at fault, and I think you could argue that the school should place you in a position that you ARE certified for, because of THEIR mistakes. I don't think the School Board will have any negligence - they didn't know any better than you did that you weren't certified.

What's your timeline of subjects taught? What year did you teach each subject, and how many periods a day?

So, you taught Math - and are certified to teach Math. You also taught Computer Programming on the side? Like one period of the day?
Yes that is correct, but that was with a different school district. I moved away from the state with family and when I moved back I answered BOCE's job posting.

Is this the only class you are teaching now? How long have you been teaching BOCES? Yes, Information Technology is the Career and Technology class I was teaching...for the last 6 years. Yes I do have in writing the original job posting.

 

[Humusluvr]

So, you taught Math - and are certified to teach Math. You also taught Computer Programming on the side? Like one period of the day?
Yes that is correct, but that was with a different school district. I moved away from the state with family and when I moved back I answered BOCE's job posting.

Is this the only class you are teaching now? How long have you been teaching BOCES? Yes, Information Technology is the Career and Technology class I was teaching...for the last 6 years. Yes I do have in writing the original job posting.

OK, so you were teaching, left, returned, and took this new job. They thought you were certified, because you taught Computer Programming, but it turns out you weren't certified to teach Information Tech every period of the day.

If they advertised the job and Math 7-12 was one of the certifications which they would take - I would say this was not your fault. This would have been the Certification Specialist's fault. They'll have to move you to another position for which you are certified.

 

[rlatour]

OK, so you were teaching, left, returned, and took this new job. They thought you were certified, because you taught Computer Programming, but it turns out you weren't certified to teach Information Tech every period of the day.

If they advertised the job and Math 7-12 was one of the certifications which they would take - I would say this was not your fault. This would have been the Certification Specialist's fault. They'll have to move you to another position for which you are certified.

Don't be confused, these are not the same districts. I taught Mathematics and Computer Programming for Jamestown Public High School in Jamestown, NY. I was there for six years. I moved to Connecticut for one year, taught Math there, then we moved back to NY. I was unemployed for one year then saw the posting for the Teacher of Information Technology for BOCES, but that job was in a new district, one that I had not worked for prior. If the certification specialist is at fault, which she is, what is my recourse?

 

[Humusluvr]

I was unemployed for one year then saw the posting for the Teacher of Information Technology for BOCES, but that job was in a new district, one that I had not worked for prior. If the certification specialist is at fault, which she is, what is my recourse?

So the Information Technology job had posted that they would take Math 7-12 certification to teach it?

If you were only at this job for one year - you aren't tenured/ You would be on a provisional contract, and could be let go after your first year.

 

[rlatour]

So the Information Technology job had posted that they would take Math 7-12 certification to teach it?

If you were only at this job for one year - you aren't tenured/ You would be on a provisional contract, and could be let go after your first year.

No, the Information Tech job posting said I needed either a certification in Electro-Mechanical repair and installation or a Business cert or a cert in Computer Technology.

Any one of those three were listed as acceptable. At the time I did not have any of them, but was able to get the first certification, "Electro-Mechanical" due to my coursework in Mathematics, Computer Programming and real world experience.

It really all comes down to this- They told me what certification to get to qualify to teach the job...I got it...and have been teaching for 6 years...now, after a state audit, they find that that is NOT an appropriate certification to teach the class. So they are letting me go.

 

[Humusluvr]

No, the Information Tech job posting said I needed either a certification in Electro-Mechanical repair and installation or a Business cert or a cert in Computer Technology.

Any one of those three were listed as acceptable. At the time I did not have any of them, but was able to get the first certification, "Electro-Mechanical" due to my coursework in Mathematics, Computer Programming and real world experience.

It really all comes down to this- They told me what certification to get to qualify to teach the job...I got it...and have been teaching for 6 years...now, after a state audit, they find that that is NOT an appropriate certification to teach the class. So they are letting me go.

You have been teaching 6 years total? Or, you have been teaching 6 years at BOCES?

Don't be confused, these are not the same districts. I taught Mathematics and Computer Programming for Jamestown Public High School in Jamestown, NY. I was there for six years. I moved to Connecticut for one year, taught Math there, then we moved back to NY. I was unemployed for one year then saw the posting for the Teacher of Information Technology for BOCES, but that job was in a new district, one that I had not worked for prior. If the certification specialist is at fault, which she is, what is my recourse?

 

[Perky]

Does the Certification Specialist work for BOCES or the the State Dept of Ed? I don't really think it will matter either way, but it's not clear from your posts.

Is it possible that the certification requirements for teaching Information Technology have changed in the past 6 years?

And just to be clear... You want to hold the school board and the cert spec responsible for your eventual firing, right?



ETA: Oh, one more thing... I don't quite understand BOCES. Did BOCES post the job/cert requirements? Did BOCES hire you, or did they place you in a school district that hired you?

 

[rlatour]

Does the Certification Specialist work for BOCES or the the State Dept of Ed? I don't really think it will matter either way, but it's not clear from your posts.

Is it possible that the certification requirements for teaching Information Technology have changed in the past 6 years?

And just to be clear... You want to hold the school board and the cert spec responsible for your eventual firing, right?



ETA: Oh, one more thing... I don't quite understand BOCES. Did BOCES post the job/cert requirements? Did BOCES hire you, or did they place you in a school district that hired you?

The Certification specialist is employed by BOCES, and acts on behalf of the NYS Education department. BOCES or Board of Cooperative Educational Services, is an organization that provides instruction and resources to local school districts. The certification has not changed. Lastly, BOCES hired me to teach the Information Technology class at their facility. Students come from the local districts to take the class.

 

[rlatour]

You have been teaching 6 years total? Or, you have been teaching 6 years at BOCES?

I have been teaching Information Technology at BOCES for six years.

I taught Mathematics and Computer Programming for 7 years, prior to that, at different school districts. So altogether, I have been teaching for 13 years.

 

[Humusluvr]

I have been teaching Information Technology at BOCES for six years.

I taught Mathematics and Computer Programming for 7 years, prior to that, at different school districts. So altogether, I have been teaching for 13 years.

OK, thanks for all the clarifications.

I don't think they will fire you. I think they will have to find you a position, since you have been there 6 years.

But if they do fire you - I think you will have to get the union involved, and a settlement would have to occur for their mistake. I can't promise that, but let us know how it plays out!

 

[Perky]

The Certification specialist is employed by BOCES, and acts on behalf of the NYS Education department. BOCES or Board of Cooperative Educational Services, is an organization that provides instruction and resources to local school districts. The certification has not changed. Lastly, BOCES hired me to teach the Information Technology class at their facility. Students come from the local districts to take the class.

Regarding the bolded, are you saying that the certification requirement for teaching Information Technology is still possession of a certificate in either Electro-Mechanical repair and Installation, Business, or Computer Technology?