In a significant ruling, the Appellate Division of the Supreme Court of the State of New York decided on May 28, 2026, that Elizabeth Christian, a teacher, acquired tenure by estoppel from the Department of Education of the City of New York. This decision reverses the Department's earlier termination of Christian's employment, which had been in effect since September 30, 2020. The ruling affects not only Christian but also sets a precedent for other educators facing similar disputes over tenure and probationary periods.
The case began when Elizabeth Christian, the petitioner, challenged the Department of Education's decision to terminate her employment. The Department had claimed that Christian had not completed her probationary period, which was extended by agreement until October 1, 2019. However, Christian took an approved leave of absence from September 3, 2019, to June 30, 2020, and her termination came shortly after that leave ended. The case was filed under Index No. 159994/20 and was appealed as Appeal No. 5195.
Christian's dispute with the Department of Education centered on whether her leave of absence should be counted toward her probationary period. The Department argued that her probationary period was not completed, while Christian contended that her leave should not count against her probationary time. This disagreement led to her filing a petition under CPLR article 78, which is used to challenge the actions of government agencies.
The court ruled in favor of Christian, stating that her leave of absence should indeed be excluded from her probationary period. The judges emphasized that “an employee's probationary term may be extended by the number of days that the probationary employee does not perform the duties of the position.” They referenced Education Law § 2573(15), which clarifies that any period without required service does not interrupt a probationary period. Therefore, the court concluded that Christian's probationary period effectively paused during her leave and resumed afterward.
As a result, the court determined that Christian's termination on September 30, 2020, occurred after her probationary term had been completed. The judges noted that there were 21 missed workdays remaining in her probationary period, which should have been applied after her leave ended. Consequently, the court declared that Christian had obtained tenure by estoppel, meaning she could not be terminated without a hearing as stipulated by Education Law § 3020-a.
The ruling was made by the Appellate Division judges, including Scarpulla, Friedman, O'Neill Levy, and Chan. They unanimously reversed the earlier decision made by the Supreme Court of New York County, which had denied Christian's petition in part and granted the Department's cross-motion to dismiss.
This ruling has significant implications for teachers and educators in New York City and beyond. It clarifies the rules regarding probationary periods and leaves of absence, reinforcing the idea that teachers should not be penalized for taking approved leaves. The decision also highlights the importance of tenure protections for educators, ensuring that they cannot be terminated without due process.
Going forward, this ruling may influence how school districts handle probationary periods and leaves of absence. It serves as a reminder that educators have rights that must be respected, particularly when it comes to job security and tenure. This case could also encourage other teachers who feel they have been wrongfully terminated to seek legal recourse.
As for what’s next, it remains to be seen whether the Department of Education will appeal this decision. There are no indications of related cases pending at this time. However, the outcome of this case may prompt other educators to examine their own employment situations and consider whether they too might have grounds for pursuing tenure or challenging terminations.