Anderson v. Board of Education

In an article 78 proceeding petitioners seek reinstatement to their positions as teachers. Petitioners are 5 teachers formerly employed in the school system of the 'City of Yonkers. Their claims raise two important issues in the area of academic freedom: (1) whether probationary teachers are entitled to a full plenary hearing at the administrative level prior to termination of their services; and (2) whether the respondent Board of Education has the power under section 3031 of the Education Law to grant tenure in the absence of a positive recommendation by the School Superintendent.

FACTUAL…