Petitioner was a tenured special-education teacher assigned to an afternoon/evening remedial reading course. She was eventually removed from the position and a non-tenured teacher put in her place. She filed a petition with the Commissioner of Education, claiming a violation of her tenure rights. An administrative law judge and the Appellate Division found that the position was extracurricular, and thus not a position in which tenure applied. The Supreme Court disagreed, holding that tenure is a statutory right that cannot be abrogated by regulation or policy. And the educational program was required by regulation, and was thus not merely “extracurricular”. Her compensation could not be decreased without adherence to the Tenure Act.
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