Does a teacher obtain tenure by estoppel even though he signed a letter offering to extend his probationary term for one year?

No. Gerald Chisholm, an English teacher for the Bedford Central School District was terminated from his position during what the District claimed was his fourth year of probation. Chisholm claimed that he had acquired tenure by estoppel since “Tenure may be acquired by estoppel when a school board accepts the continued services of a teacher or administrator, but fails to take the action required by law to either grant or deny tenure prior to the expiration of the teacher’s probationary term.”

In denying Chisholm’s argument the Second Department found that he had written a letter requesting an extension of probation for a fourth year and was thus precluded from asserting he had obtained tenure by estoppel.

Chisholm v. Hochman (September 11, 2013, Decided)

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