Speichler v. Board of Cooperative Educational Services

I respectfully dissent. The salient facts of this case are not in dispute. Petitioner taught the class of a permanent Board of Cooperative Educational Services (BOCES) teacher named Peter Meyers from November 1989 to the end of the 1990 spring term. During the early part of that period, she lacked certification to be appointed as a permanent teacher, having not yet passed the National Teachers’ Examination. Meyers’s absence from his regular classroom was due to an indeterminate assignment, which could have ended at any time. Petitioner’s status for all of her service in replacing Meyers…