School board members and schools superintendent James Williams say there will be no further action on the matter until a state Education Department investigation into troubles at McKinley last spring is completed.

Daye has been on paid administrative leave since March. He had been part of last school year's McKinley controversy over a suspended student. Daye was suspended when the state education department launched a separate investigation into sexual allegations against him back in the 1990's at a South Carolina school.

But Buffalo Teacher Federation president Phil Rumore says Daye was never given a reason for the suspension.

"James Daye has received nothing but a letter saying he is on administrative leave. No reasons , no justification, he has received nothing, and that's really not fair. If your have someone sitting at home, you should at least charge him with something and say this is what we are accusing you of doing," said Rumore.

Rumore says the union has filed what is called an article 78. It calls on the Board to either charge Daye or return him back to work

In other action, the board approved a new contract with teacher's aides and assistants. The pact includes union concessions for a single health care provider, and a $750 "signing bonus" instead of retroactive raises to July first 2004, the effective date. Under the deal, aides and assistants will receive raises over the next four years. © Copyright 2009, WBFO