Respondent Board of Cooperative Educational Services, Suffolk County (BOCES) appointed petitioners to three-year probationary positions in its special education program, petitioner Shaw in September, 1978 as a physical therapist and petitioner Leizer in March, 1979 as an occupational therapist. In March, 1979 BOCES applied to the State Education Department for a permit, pursuant to 8 NYCRR 80.33 (d), authorizing it to employ petitioner Leizer in a position which respondent...
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