Tenured Teacher May Not Be Dismissed Without Due Process

Matter of Pollock v. Kiryas Joel Union Free School Dist., __A.D.3d___ (2d Dep't. June 17, 2008), demonstrates fundamental New York education law principals. A tenured teacher has a property interest in his job and cannot be disciplined without going through the disciplinary process provided by statute, which is Education Law 3020-a. The only exception to this is if the teacher voluntary enters into a settlement agreement. This there was no settlement agreement, the plaintiff a tenured teacher was entitled to full reinstatement and back pay.

What is surprising to me is that this case was actually litigated. It was litigated up to the Appellate Division no less. Unless there is something more, this appears to be an open and shut case for the plaintiff and if the Board appeals further they may actually run the risk of being sanctioned.

Mitchell H. Rubinstein